Arjula Jyothi v. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a Writ, Order or Direction particularly one in the nature of Writ of Mandamus declaring the lmpugned Order dated 15.12.2016 issued by the 2nd Respondent U/s 145 Cr-P.C. in respect of Petitioners land to an extent of 1936 sq.yards situated in Survey No.276, Tarigoppula a Village and Mandal, Jangaon District as totally illegal, without jurisdiction and violative of Arttcles 14 and in gross violation of principles of natural justice and consequently set aside the same_ '5=' l.A. NQ: 1 OF 2Q17(WPMP. NO: 13700 OF 20'17) Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed irr support of the writ petition, the High Court may be pleased to Suspend the impuqned Order dated 15.12 2016 issued b,y the 2nd Respondent U/s .145 Cr.P.C. irr respect of Petitioner's land to an extent of 1936 sq.yards situated in Survey No 276, Tarigoppula Village & Mandal, Jangaon District. Counsel for the Petitioner : SRI PINGALI LAKSHMI Counsel for the Respondents No.'l&2 : AGP FOR REVENUE Counsel for the Respondents No.3 : GP FOR HOME Counsel for the Respondents No.4 : NONE APPEARED The Court made the following: ORDER THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.11O29 of 2OL7 ORDER: This writ petition is filed under Article 226 of Constitution of India seeking the following relief: "... to issue a Writ, Order or Direction particularly one rn the nature of Writ of lvlandamus declaring the lmpugned Order dated 15.12.2016 issued by the 2nd Respondent U/s 145 Cr P.C. in respect of Petitioner's land to an extent of 1936 sq.yards situated in Survey No.276, Tarigoppula Village and lVlandal, Jangaon Dislrict as totally illegal, without jurisdrction and vrolatlve of Artrcles 14 and in gross violation of pnnciples of natural lustice and consequently set aside the same... "

2. Heard learned counsel appearing for the petitioner and learned Assistant (iovernment Pleader for Revenue for the official respondents and perused the material on record.

3. In spitc of service of nolicc, none appeared on behalf of the respondent No.4.

4. Learned counsel for the petitioner submits that the petitioner has purchased the land to an extent of 1936 \ I t t F !. 2 SK, J \\'1, I l()29 20 r; 'I{ E Sq. Yar,1s in Sv.No.276 situated at Tarigoppula Village and Manda1. .Ialgoan District through registered Sale Deed Dcrt:ument No.9. dated 03.01 .2012 from the vendor one Edunuri Venkataiah S/o Bugulaiah. Subsequently, the pe I itioner has obtained housr: construction permission from Gram Panchayat on 10.O4.2012

5. Learr cd counsel for the petitioner frrrther submits that u,hile it being so, the respondent No.4 tryir-rg to interlere *,ith the possession of the petitioner. In view of the samc, the petitioner has filed O.S.No I0 ol 2015 on the fi1c ol- the Principal Junior Civil Juclge. .Jangoan. She also liled I.A.No.12 of 2Ol5 in O.S.\o.10 of 2015 and the sanre \uas allowed on09.O8.2Ol7 Aggrieved by the Injun<:tron order granted by the trial Court, the defendants therein have filed C.M.A.No.6O of 2077 and tlre same u,as allowed uide order dated 26.07.2019 by the V Additlonal District Judge-cum-ll Fast Track Court, Warangal at Jangaon i1 . 3 SK, J WP tto29 2or7

6. Learned counsei for the petitioner further submits that aggrieved by the order dated 26.O7.2019 in C.M.A.No.60 of 2OI7, the petitione.r herein frled C.R.P.No.229l of 2OI9 before this Court and the same was allowed uide order dated 21.01.2020 by setting aside the order dated 26.O7.2019 passed in C.M.A.No.60 of 2Ol7 by the V Additional District Judge - cum - II Fast Track Court, Warangal at Jangaon and restored the the order dated 09.08.2017 passed in LA.No. 12 ol 2015 in O.S.No.10 of 2015 on the file of the Additional Junior Civil Judgc, Jangaon.

7. Learned counsel for the petitioner further submits that while admitting the writ petition, this Court passed intcrim order on 28.03.2017 suspending the impugned notice dated 15. 72.2016 issued by the respondent No.2. In spite of lapse of more than 8 years, the ofhcial rqspondents did not choose to file any counter or vacate t petition in this matter for denying the averments made 4 Jx SK, J \\',tr I torg 201; in the u,rit affidavit. Therefore, in vievr of pendency of suit in O.S.No.10 of 20 15 on the file c,f the Pnncipal Junior i,ivil Judge, Jangaon, learned counsel rcquested this Corrrt to dispose of the matter by setting aside the impugnt'd notice dated 15.12.2O16.

8. Learrrcd Assistant Government Pleader for Revenue not drspr Ltccl the submissions marle b5' 1l-re learned counscl rirr thc pctitioner with regard to the interim order dal,'d 09.OB.2OI7 passed by the trial Corlrt and also thc <;t.tlcl in C.R.P.No.2291 of 2Ol9 dated 2l .O1.2-O2O and requested to pass appropriate orders

9. Alter hearing both sides and on pemsing the entire material on r.r,'cord, this Writ Petition is disposed ol by setting asicle the impugned notice dated 15.12.2O76 and the official r-espondents are directed noL to rnterfere with a the possessiorr of thc pctitioncr. I :: .l , .-t ;-t t., SK, J WP r 1oq9 9017 1O. Miscelianeous petitions, if any, pending in this Writ Petition sha,lI a-lso stand closed. There shall be no order as to costs oT //TRUE COPY// SD/-l. VIJAYA LAXMI ASSrsrANr REWrtRAR SECTION OFFICER 1 2 3 4 5 The Principal secretary Department of Revenue secretariat Buirdings, state of Telangana, Hydera6ad The Tahsildar and Executive Magistrate, Tarigoppula Vi age and IMandal Jangaon District The Station House Officer, Tarigoppula Village and Mandal Jangaon Diskict One CC to SRt PtNGAL| LAKSHMt, Advocate. tOpUCI Two CCs to GP FOR REVENUE, Hrgh Court for the State of Telangana

6. Two CCs to GP FOR HOME, High Court for the State of Telangana at 7 Two CD Copies. Hyderabad. [OUT] s BSK BS HIGH COURT DATED:1 110312025 ORDER WP.No.11029 of 2017 iFiE Sr 4Ir" c^ 22 APR M (t f, o- o o ':i * DISPOSING OF THE WRIT PETITION WITHOUT COSTS a W