✦ High Court of India · 21 May 2025

High Court · 2025

Case Details High Court of India · 21 May 2025
Court
High Court of India
Decided
21 May 2025
Bench
Not available
Length
1,222 words

Acts & Sections

THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITION NO:15171 OF 2025 Between: Linga Thirupa Reddv. S/o Venkat Reddy, Aged about_ 31 years, Occ ; Agriculturat, Rl/o Kistapuram Vilale, Ananthasiri M jnibi,'Si,ivliJibistri"t AND .....PETITIONER R ura I Devetop men[ oepa rtme ni] s #;i;rj, ifi E ra uao. Department, (Land"AcquisitiS"i'nvouijtr"ol' """' " 1 . The State of Telanoana, Rep. by principal Secretary to panchayat Rai and 2. The State of Telanoana, .lgO bV its principal Secretary, Revenue 3. The District Collector, Suryapet At Suryapet. 4. The Diskict Panchayat Raj Engineering(DpRE), Suryapet District At Suryapet 5. The Revenue Divisional Officer, Kodad, Suryapet District. U Panchyat Officer, Ananthagiri, Ananthagiri Mandat, Suryapet |l:rllf "Ort

7. The Tahsildar, Ananthagiri Mandal, Suryapet District. .....RESPONDENTS Petition Under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ or order or direction more particurarry one in the nature of writ of Mandamus aggrieved by the action of the Respondents more pa(icurarry respondent Nos.3 to 7 highhandedry earmarking the petitioner agricurturar patta land bearing Sy.No.1 1gtAN1 , admeasuring an extent of Ac.0_.t400 Guntas and sy No 119iA admeasuring an extent of Ac.1-2800 Guntas and sy No.119/42 admeasuring an extent of Ac.2-1s00 Guntas situated at pararam Revenue Vi age t" Ananthagiri lVandirl, Suryapet District, and trying to evict ihe petit oner, on the name of laying the extr:nsion of BT Road 10 feet to 30 feet towards l'orm Palaram to Kistapuram in petitioner patta lands, without following due procedure of law and without issuing sort of notice to petitioner and without acquiring the land acquisition proceedings as illegal, arbitrary and violative of Articler,; 14,21 and 300-A of the Consl.itution of lndia apart from being violative of prinr:ip es of natural justice and conse(luential direct the Respondents not to interfere the petitioner agricultural Patta lands in bearing Sy.No.1 lglAAtl , admeasuring an extent of Ac.0-1400 Guntas and Sy No.1'19/A admeasuring an extent of Ac.1-:2800 Guntas and Sy No.'1 19/A2 admeasuring an extent of Ac.2-1500 Guntas; situated at Palaram Revenue Village Ananthagiri Mandal, Suryapet District pending final disposal of the maln writ petition. I.A.NO:1 OF 2025 Petition Under S -.ction 151 CPC praying that in the circumslan,:es stated in the affidavit filed in support of the petition, the High Court may [r: pleased to direct the Respondents; not to interfere the petitioner agricultural Patta lands in bearing Sy.No.119tlAAl1, admeasuring an extent of Ac.0-1400 Guntas and Sy No.'l 19/A admeasuring an extent of Ac.1-2800 Guntas and Sy No.119/A2 admeasuring an e):tent of Ac.2-1500 Guntas situated at Palaram Revenue Village Ananthagiri Mandal, Suryapet District, pending final disposal ol the main writ petition. Counsel for the Petitioner : SRI MULLANGI RAMI REDDY Counsel for the Respondent Nos.1 & 4 : GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel forthe Respondent Nos.2, 3, 5 & 7 : G.P FOR REVENUE Counsel for the Resporrdent No.6 : SRI K.PRADEEP REDDY The Court made the following ORDER n HON'BLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITION No.15 l7l of 2025 ORDER This Writ Petition is filed seeking the following relief:- "to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus aggrieved by the action of the Respondents more particularly respondent Nos.3 to 7 highhandedly earmarking the petitioner agricultural patta land bearing Sy.No. I l9lAA/l , admeasuring an extent of Ac.O- 1400 Guntas and Sy No.l19lA admeasuring an extent of Ac.l-2800 Guntas and Sy No. I l9lA2 admeasuring an extent of Ac.2-1500 Guntas situated at Palaram Revenue Village Ananthagiri Mandal, Suryapet District, and trying to evict the petitioner, on the name of lalng the extension of BT Road l0 feet to 30 feet towards fiom palaram to Kistapuram in petitioner's patta lands, without following due procedure of law and without issuing sort of notice to petitioner and without acquiring the land acquisition proceedings as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India apart from being violative of principles of natural justice and consequently direct the Respondents not to interfere with the petitioner agricultural patta lands bearing Sy.No.ll9lAA/1, admeasuring an extent of Ac.O-1400 Guntas and Sy No.l19lA admeasuring an extent of Ac.l-2800 Guntas and Sy No.l l9lA2 admeasuring an extent of Ac.2:1500 Guntas situated at Palaram Revenue Village Ananthagiri Mandal, Suryapet District pending final disposal of the main writ petition and pass. . ...,, 2- Heard Sri M.Rami Reddy, learned counsel for the petitioner, learned Assistant Govemment Pleader for panchayat Raj for respondent Nos.l and 4, Sri K.Pradeep Reddy, leamed Standing Counsel appearing on behalf of respondent No.6 and learned 2 Assistant Go,.,emment pleader for Revenue appearing for r,,:spondent Nos.2. 3, 5 and 7

3. With thr: consent of learned counsel for the respec:tir, e parties, the writ petition is being disposed of at the stage of admissio.r.

4. Leamed counsel for the petitioner submits that the respondent authorities, w.thout issuing any notice, are trying to dispoi;sess the petitioner fronr the subject property i.e., agriculture land a,CrrLeasuring Ac.0-1400 gts in Sy.No.l lg/AVl, Ac.l_2g00 gts in S,,,.Lio.i l9lA and Ac.2- 150() gts in Sy.No. l r9lA2, situated at palaram l(evenue Village, Ananthagiri Mandal, Suryapet District in the guise of laying BT Road frorr palaram to Kistapuram, and the same .ts gross violation of principles olnatural justice.

5. Per corttra, leamed Assistant Govemment plearler for Panchayat Raj, basing upon the instructions fumished by reqrondent No.4-the Dristrir:r panchayat Raj Engineering(DpRE) submits that as on today, the respondents are not laying any road in ttre subject property as alleged by the petitioner. However, the respondents will follow the Cue orocedure as contemplated under law, whenerzer the property of the p etitioner is required for public purpose. .,

6. Taking into consideration the above submissions made by the leamed Assistant Govemment Pleader, respondent Nos.3 to 7 are directed not to dispossess the petitioner from the subject property without following due process of law as contemplated under law. 7 With the above direction, the writ petition is disposed of. No order as to costs. Pending miscellaneous applications, ifany, shall stand closed \ //TRUE COPY// SD/.P. CH. NAGABHUSHAMBA EPUTY REGISTRAR To SECTION OFFICER lopment ryi5"Oin"u*tibpief, Suryapet District at Suryapet 1 . The Principal Secreta ryto Panchayat Raj and Rur Deve Department, Secretariat, State of Telangana at Hyderabad. 2. The Principal Secreta ry, Revenue Department, (Land Acquisition), State of Telangana at Hydera bad 3. The District Coliector, Suryapet at Suryapet. 4. The District panchavar 5. The Revenue Divisionat o'rn."i KoJru]'5r.vul"i6,"tn"t. u 7. The Tahsildar, Ananthagiri Mandal, Suryapet District. 8' Two ccs to Gp FoR piNCHAyAi RAi {G-RI]RAL DEVEL.'MENT. Hioh ,r'L', , , , ,,v,, Court for the Srate of Tetangana at Hyd;;;bal. iOtin 9. rwo ccs to Gp FoR REVE"NUE, i;s'h a;;;f"i InI Hyderabad. [OUT] ",r," 't0.One CC to SRt MULLANGtfAMt REDDY, Advocate tOpUCI 1 1 . One CC to SRr K.PRADEEP REDDY-, AovocJt" ioilucl 12.Two CD Copies panchyat onicer, Anan][A;, X#;,h;siri Mandar, suryapet l[:#f"ort of retansana at SA V,{CATION COTJRT HIGH COURT DATED:21 10512025 ORDER WP.No.15171 of 2025 -) o ?. ,,: r "1. \, /j.-,..,,...,., DISPOSING OF THE W.P WITHOUT,COSTS. {\z( t, l

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