High Court · 2025

Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the respondents 2 to 5 in trying to inlerfere with the petitioner land in survey No. 37le93 to an Extent of Ac.0 20Gts situated at Mailram Kodair Mandal, Kollapur Division, Nagarkurnool District, as illegal, arbitrary and unreasonable and without following the due process of law and violative of Articles 14 and 300-4 of the constitution of lndia and consequenfly direct the respondents not to interfere with the petitioner's land in survey No. ,i \, t. t t 37les3 to an Extent of Ac.0.20Gts situated Mailram Village, Kodair Jvlandal, Kollapur Division, Nagarkurnool District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in lhe circumstances stated rn the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to interfere with the petitioner's land Survey No. 37le3 to an Extent of Ac.0.20Gts situated Maih.am Village, Kodair Mandal. Kollapur Division, Nagarkumool District, without following the due process of law, pending disposal of the writ petition. Counsel for the Petitioner: SRI P.VISHNUVARDHANA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER F F t .I THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITI ON No.14417 of2o25 ORDER:. This writ petition has been filed seeking to declare the action of respondent Nos.2 to 5 in trying to'interfere with the petitioner's land admeasuring Ac'O.20 guntas in Survey No.37leo3, situated at Mailaram Village, Kodair Mandal, i(ollapur Division, Nagarkurnool District, as illegal and arbitrary and ior other appropriate reliefs. The petitioner claims to be the absolute olvner and possessor of .land admeasuring Ac. 1.28 guntas in Survey No.37/€o3, situated at Mailaram Village, Kodair Mandal, Kollapur Division, Nagarkurnool District, having inherited the same from his grandfather. It is stated that the name of the petitioner has been mutated in the revenue records and pattadar pass book vide Passbook No.TO3070141574 has also been issued in his favour and he is also receiving various incentives being granted by the Government as investment subsidies. The glevance of the petitioner is that respondent Nos.2 to 4, without conducting €rny survey and without issuing any notice, are trying to interfere with his possession over the subject property, on the ground that it is Government land. i i I I I I I I 1 Learned counsel for the petitioner vehemently contends that since the name of the petitioner has been recorded in the revenue records and pattadar pass books an{ title deeds have also been issued in his falour, as per Section 6 of the Telangana Rights in Land and Pattadar Pass Books Act, 1971, the said entries are presumed to be true, until the same are proved otherwise or amended in accordance with the Act; and as such, the respondent authorities are not entitled to interfere with the possession of thc petitioners over the subject land, without following due process of law. [,earnecl Assistant Government Pleader for Revenue appearing for respondent Nos. 1 to 5, on instructions, submits that the petitioner does not have any document to establish his ownership over the subject property and he had encroached the Government land. ' Be that as it may, this Court in W.P.No.2777O of 2024 and batch arid the Hon'ble Apex Court in the case of RaJendra Kumar Barjatga and o,notlter us. U.P. Ava.s Etam Vlkas Parishc,d and othersl, held that once a person is inducted into possession based on entries in the record of rights, unless the s€une are cancelled, the revenue authorities are not having any t Civil Appeal No. 14604 of 2024 dated t7.t2.2024 r' / I 3 po'r/er or authority to evict him without following due process of law. Therefore, this Court is of the opinion that ends of justice lvould be met if the respondent authorities are directed to follow the guidelines issued by this Court in W.P.No.27 llO of 2024 and batch and the Hon'ble Apex Court in the case of Ralendra Kumar Bartatga (supra) strictly, before initiating any action for eviction of the petitioner from the subject land, if they are having any clain over the said land. Till then, the respondent authorities are directed not to take any coercive action against the pe'titioner, except in accordance with law. I With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. \ To, //TRUE COPY// S t-K. BHAVANI SWAMY ASSISTANT REGISTRAR SEC ON OFFICER

1. The State of Telangana, Rep.by its Secretary, Revenue Department, Secretariat, Hyderabad The District Collector, Nagarkumool District, At Nagarkumool. The Joint Collector, Nagarkurnool District, At Nagarkurnool. The Revenue Divisional Officer, Kodair Mandal Revenue Division, At Kollapur, Nagarkurnool District. The Tahsildar, Kodair Mandal, Nagarkurnool District. One CC to SRI P.VISHNUVARDHANA REDDY Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana

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7. ,'a D w8 fo*'olr"o,.. "r 4 '-r"- -* *#, I 1'E L o( ,4 s *l ,, (l s* \ F\ #'v HIGH COURT DATED: 01,t0512025 ORDER WP.No.14417 of 2025 / I ('{:. DISPOSING THE WRIT PETITION WITHOUT COSTS t i I I I w