The High Court · 2025

Judgment

1. r!:.:i3iZit,fil?g3:3' *"0 bv its secretary Revenue Department,

2. The.state of Telanqana uecretariat, Hyder;badt' Rep by its secretary lrrigation Department,

3. The District Collector, Khammam District Khammam 4. The Revenue Divisional Officer, Khammam Drvision Khammam 5. The Tahsildar/MRO, Khammam Rural [Mandal Khammam 6. The Superintending Engineer, lrrigation Department, Khammam ...RESPONDENTS

Petition under Articre 226 0f rhe constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, order or direction decra,ring the impugned action of the Respondents particurarry Respondents 3 to 6 in trying to dispossess the petitioner from his rands in survey No 1'l B-aa of porepa'i Vi,age, Khammam Rurar Mandar, admeasuring to Ac.4-32 Guntas of Agricurture Land without any notice or provrding personar hearing and also not considering the representations dated 31to1/2025 without forowing due process of raw as iregar, arbitrary and viorative of principles of naturar justice etc and consequently direct the Respondents not to dispossess the petitioner from his above lands or t: ke any olher coercive steps without trrop(:)r notice and enquiry and providir g rersonal hearing as also to consider thi: Re:p resentations daled 31101t2o25 I erspect of above lands and grant such other .lust and consequential relir:f r,' e:liefs as this Hon'ble Court may deem fi an(: proper in the circumsta nces of ll',. ': ,';e. lA NO: 1 OF 2025 Petition uncle, [j,::tion 151 CPC praying that in the c'rcurnstatces stated in the affidavit filed in sr pport of the petition, the High court nray re pleased to direct the Respondr: n' r , not to dispossess the Petitioner f rom h is la nds in survey No 118-aa of Polerp,rlli \/illage, Khammam Rural l\ilandal, admeasur ng to Ac.4-32 Guntas of Agriculr.u e tand pending disposal of the above writ Pet tion and grant such other relief tr re: ir:fs as this Honble court may deerr fit and proper in the CirCumStanceS Of 1.hr,r o i,;e. Counsel for the Petitic rrer : SRI N.V.ANANTHA KRISHNA Counsel for the Respcrrdents: ASST. GP FOR REVENUE The Court made the'fcrllowing: ORDER THE HOIT'BLE SRI JUSTICE C.V.BHASKAR R.EDDY PETITIONNo .14896ot2025 ORDER: This Writ petition, under Article 226 of the Constitution of India, is filed seeking the following relief: oi,.Y#,"t #:ig ^u : . iili *i* o r a n a o t h e r a p p ro p ri a t e w ri t Respondents -;;;;*i;;:?"P the. impugned 'action of th"e drispossess n{ plitiil""T Respondents 3 to 6 in trying to h: Iands in surueg No-l18-aa of Potepalli viuage, Khnmj:: i:;,i?,-if i."ir{#t",!";!1"{r;,i;i":'*;**izil not coniideing tie representation-s 6.7"a l?9^i:!^^21"o .w.ithout 1"u"*ini aa-. process of tau.t as u*oo, "'.(^?.'-!?o'5 r:y:;#::::::;:tr1,"*i;,"#,;i:;ir;:'-:{;#z::;;::i ";:;ki;;i'.,::',-,"#r;:i:';;;:,V:;,i;'Z:f ::f,tr{ii :;fr:";,ili":::tr":i:xiz?#:i::y;:,?;':;:iz;,",#: ,iii*izr;;,;;i7":.ff i,:#ffi;:!?:|.^:;:{;;:#r{;;:

2. It is stated that the petitioner is the absolute owner and possessor of the Iand t<) an extent of Acs.4.32 guntas in Sy.No.11g_ aa, situated at polepalli Village Khammam Rurat Mandal, having purchased the same through registered sale deed in the year 2027. The revenue authorities also issued pattadar passbook yrZe No.T2606O110403 arrd Khatha No.60228 under the provisions of the Telangana Rights in Land arrd pattadar passbooks Act, 2O2O and he is also receiving Rythu Bandhu for the said land. It is further stated that when respondent Nos.S and 6 without any 2 ( intimation a.n::l v,ithout issuing any notice, starteci inlerfe:ing with the subject lancl Ior undertaking the work of "Khammam ]Vlunneru Check-Dam / I.la.: rkatta" and when it caused huge ctamrrges and loss to . thcir livel ih< od, the petitioner was constrainerl t<r submit representatior: s l ated 3l .Ol .2025 to the respondent zLuth orities to stop the work o.- Oheck Dam. The grievalce of the petitioner is that even after r,:'c i .ving the said representations, the re spondent authorities ha ve n ot acted upon the same.

3. ConsiCcre rL the submissions made by the learnerl counsel for the parties a nrl with their consent, this writ petit on IS being disposed of at th: admission stage.

4. Learnec A.ssista-nt Government Pleader ftrr Revenue appearing f,rr tl-r: respondents ofl instructions would sut,mit that the Covernrne:n has acquired the lands for laying, approach track for sanci quir-r-ie; at Munneru ri..'er in the limits o1'PoJepalli vilalge on the reqrrisiti r -r made by the Executive Engineer NS:, Canals Division, Tr:kr.rlapalli on 06.12.1968. The Special )y.Oollector, Land Acquisiti: r Unit No. I , Tekulapalli after follow tng dr-re procedure, pa:st rl Award No.9 of 1969, dated 77.L2.1!)69 rrrrd paid Iand compen.;al on to the land owrrers. From the au'zLrd, it is evident that a n r'>ltent of Acs.7.25 guntas in Sy.Nc,.1 lll siluatcd at Polepalli rever-rLr( village rvas acquired and compensatron l'as paid to the land {)u'n,:'1. -t S. Be that as it may, since it is the case of the petitioner that he has purchased the property in the year, 2O2l underthe registered sale deed and pattadar passbooks were a.lso issued in his favour, this Court dcems it appropriatc to dispose of thc writ petition directing the respondent authorities to conduct detailed enquiry duly taking note of the Award No.9 of 1969, dated 12.12.1969 and if the .tand claimed by the petitioner is not part ot the Award and if the petitioner,s larrd is jm any manner effected, the respondents are directed to follow the due procedure for awarding compensation in respect of the said Iarrd, in accordance with larv. 7. With the above observations, this Writ petition is disposed of. No costs. As a sequel, the miscellareous petitions ,,c,uons pending, if any, shall stand crosed. //TRUE COPY// SD/.MOHD. ISMAIL EPUTY REGISTRAR SECTION OFFICER To,

1. The Secretary Revenue Department, Secretariat, state of Telangana, Hyderabad

2. The Secretary lrrigation Department, Secretariat,state of Telangana, Hyderabad

3. The District Collector, Khammam District Khammam 4. The Revenue Divisional Officer, Khammam Division Khammam 5. The Tahsildar/MRO, Khammam Rural Mandal Khammam 6. The Superintending Engineer, lrrigation Department, Khammam T One CC to SRI N V.ANANTHA KRISHNA, Advocate lOPUCl B. Two CCs to GP FOR REVENUE, High Court for the State of Telangana

9. Two CD Copies. BSK 4w HrGH COIJIR'l' DATED:1 UAt'12025 ,€ Z r JLN 216 6( z o ,\i \. .3.1.,__ - )1.* ORDER WP.No.148r9(i of 2025 DISPOSIN(:i 3F THE WRIT PETITION WITHOUT I3()STS 21 6l*