✦ High Court of India · 01 May 2025

High Court · 2025

Case Details High Court of India · 01 May 2025
Court
High Court of India
Decided
01 May 2025
Bench
Not available
Length
1,225 words

Petition underr Article 226 of the constitution of lndia pray ng that in the circumstances r;tat:d in the affidavit filed therewith, the Higlr )ourt may be pleased declaring tre action of the Respondents 2 to 5 in threatenjng to interfere with the peaceful Dossession and enjoyment of the petitioners aSriculture land admeasuring AC.1],()0 Gts in Sy.No.158 (Sy.No.15B/E ancl ;Sy.No'158/AA) situated at Zaheerab;rrl Town and Mandal, Sangaredddy District at :he instance of Respondents 6 lo t as illegal, arbitrary, unconstitutional and aga nst the principles of natural justic': ard in violation of Article 14 and 300-A of c;olslitution of lndia and consequenlly (lir?ct the respondents 2 to 5 not to interfere wih the peaceful possession anc e,nioyment of the petitioners agriculture le nc admeasuring Ac.10.00 in sy.No.1{;8 (Sy.No.158/E and Sy.No.15B/AA) situatr:d at Zaheerabad Town and Manclal, Sirtngaredddy District at the instance of the Fles,pondent Nos.6 to8 lA NO: 1 OF 2025 Petition t.rnclr:r Siection 15'1 CPC praying that in the circunrstrnces stated in the affidavit file,:l in s;upport of the petition, the High Court may 5e: pleased to direct the respondents 2 1C 5 not to interfere with the peaceful possessicn and enjoyment of the petitioners ;rgriculture land admeasuring Ac.10.00 C;ts in Sy No'158 (Sy.No.15B/E and ljy.No.158/AA) situated al Zaheera bad T()w1 and Mandal, Sangaredddy District pending disposal of the above writ petition Counsel for the Petitioners: SRI C.HARI PREETH Counsel forthe Rt:spondent Nos. 1 to 5: AGP FOR REVENUE Counsel for the Rr:soondent Nos. 6 to 8: - The Court made the following: ORDER THE HON'BLE SRT JUSTICE C.V.BHASKAR REDDY UIRIT PETITIO N No.1 4552 of2O25 ORDER: This writ petition has been filed seeking to declare the action of the respondents in trying to intert-ere with the petitioners' peaceful possession and enjoyment of agricultural land admeasuring Ac.1O.00 guntas in Survey No.15g (Survey No. 158/E & Survey No.158/AA) situated at Zaheerabad Town & Mandal, Sangareddy District, at the instance of respondent Nos.6 to 8 as illegal and arbitrary and for other appropriate reliefs. The petitioners claim to be the absolute owners and possessors of agricultural land admeasuring Ac.1O.OO guntas in Survey No.158 (Survey No.158/E & Survey No.lSg/AA) situated aL Zaheerabad Town & Mandal, Sangareddy District, having purchased the same through registered sale dceds. It is stated that the name of the petitioners have been mutated in the revenue records and e-patta passbooks have also.been issued in their favour. The grievance of the petilioners is that despite the same, at the instance of respondent Nos.6 to g, respondent Nos.2 to 5, without conducting any survey and without issuing 2 any notice, arc trying to interfere with their possession or' er the subject iarrd, c'Lr the ground that it belongs to Municipalitl' Learnr: -l counsel for the petitioners vehementll :ol rtends that sinc( tt t tran'res of the petitioncrs have bet:n rcr:'lr led in the reven':e t : corcls and e-pattadar pass books l.rave rlls I been issued in lhr:it :avour, as per Section 6 of the Telanga.la Righls in Land anrl l)ar tadar Pass Books Act' 1971' the said enlries are prcsumerl 1() l)r Lruc, until the same are proved olht:r'vise or amcnded irr ziccordance with the Act; and as such' the respondent rrrlthorities arc not entitled to interfelc uith thc the subject lanc. r'ithottt possessl()11 ( l ' the petitioners over following, du r p rocess of law. Lcilrll c r Assistant Govcrnment Pleade:- for I levcnuc respondent Nos- 1 to 5, on instructiotl ;' r;u'bmils appearing 1: t that the pelil (,ncrs do not have any document to esu'll1' sh their ownership .)ver the subject land and in lact tL ey had encroachccl r.llc land beiongs to Municipality' I3tr --lr:.t as it may, this Court in W P No'27 I O of 2024 andbatchit]l(]'theHon,bleApexCourtinthecaseo.R|ajendra Kumar Bdridtga and another us' IJ'P' Aaas Euan'n Vikas J Parishad and othersl, held that once a person is inducted into possession based on entries in the record of rights, unless the same are cancelled, the revenue authorities are not having any power or authorit5z to evict him without following due process of Therefore, this Court is of the opinion that ends of justice wourd be met if the respondent authorities are directed to follow the guiderines issued by this court in w.p.No.27r 70 of 2024 and batch and the Hon,ble Apex Court in the case of Rajendra Kumar Bo.rjatgq. (supra) strictly, before initiating any action for eviction of the petitioners from the subject land, if they are having any claim over the said land. Trll then, the responclent authorities are directed not to take any coercive action against the petitioners, except in accordance with law. With t he above observations, this Writ petition is disposed of. There shall be no order as to costs. pending miscellaneous applications, if any, shall stand closed. , 6:i ViL n?"rJ t-Y, ) +bdr T ?AZ+ W4^rL-M.HD. rsMArL //TRUE COPY// EPUTY REGISTRAR SECTTON OFFICER To,

1. Principal Secretary, Revenue Department, Secretariat, Hyderabad, The State of Telangana.

2. The District Collector, Sangareddy District 3. The Additional Collector (Local Bodies), Sangareddy District. 4. The Revenue Divisional Officer, Zaheerabad Revenue Division, Zaheerabad, Sangareddy District. .-..--.d]*r.*.''$..-- @l l i l i !

5. The Tahsildar Zaheerabad Mandal, Sangareddy District' 6. One CC to SR (l HARI PREETH Advocate [OPUC] T. Two CCs to ril-) FOR REVENUE, High Court for the State o'T"rlangana

8. Two CD CoPier; BGS HIGH COURT DATED: 011(t512025 J ORDER WP.No.14552 of 2025 I I 1i i- IrI47,- ( 6( 21 rltY 2[25 E I {+ \/ \,]: \: \\t':a- .A'CHr') I t DISPOSING OF THE WREIT PEITTION WITHOUT COSTS \\ \ 4 W

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