✦ High Court of India · 28 May 2025

1. Budiga Arvind v. The State of Telangana

Case Details High Court of India · 28 May 2025
Court
High Court of India
Decided
28 May 2025
Bench
Not available
Length
1,386 words

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 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 1st petitioner agricultural bearing Patta land beari ng Sy.No.'107lAA3, admeasuring an extent of Ac 1-17 Guntas and admeasuring an extent of Ac 1-25 Guntas and Sy No'1341112 Sy No.107/AAl admeasurtng an extent of Ac-1-O2 Total Ac 4-04 gts and 2nd petitioner agricultural Patta land bearing Sy-No 108/AA' admeasuring an exte nt of Ac.1 -35 Sy.No 134/6, 3rd petitioner agricultural Patta land Guntas and an extent of Ac.1-20 Guntas situated at Ananthagiri Revenue admeasuring Village Ananthagiri tvlandal' Suryapet District' and trying to evict the petitioner' on the name of laying the extension of BT Road 10 feet to 30 feet towards form Palaram to Kistapuram in petitioner patta lands' without following due procedure oflawandwithoutissuingsortofnotiietopetitionerandwithoutacquiringthe land acquisition proceedings as illegal' arbitrary and violative of Articles 14' 21 and 300_A of the constitution of rndia apart from being viorative of principres of natural justice and consequential direct the Responde"tt:"-t^t interfe:e]1e- 1st petitioner agricultural Patta landd in bearing Sy'No'107/AA3' admeasurtng an extent of Ac.1-17 Guntas and sy No_107/AAl admeasuring an extent of Ac.1-25 Guntas and Sy No 1341112 admeasuring an extent of Ac 1 -02 Total Ac 4-04 gts and 2nd petitioner agricultural Patta land bearing Sy No 108/AA' admeasuring an extent of Ac.1 -35 Guntas and 3rd petitioner agricurtural patta land bearing Sy.No.134/6, admeasuring an extent of Ac 1-20 Guntas situated at Ananthagiri Revenue Vi age Ananthagiri tr/andal, suryapet District pending finar disposar of the main writ Petition' l.A.NO: 10F 2025 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition' the High Court may be pleased to direct the Respondents not to interfere the 1st petitioner agricultural Patta lands in bearing Sy No.1O7IAA3, admeasuring an extent of Ac 1-17 Guntas and Sy No.107/AA1 admeasuring an extent of Ac 1-25 Guntas and Sy No 134l1l2 admeasuring an of Ac.1_02 Totar Ac.4-04 gts and 2nd petitioner agriculturar patta land bearing Sy No.1 08/AA, admeasuring an extent of Ac 1 -35 Guntas and 3rd petitioner agricultural Patta land bearing Sy No 134/6' admeasuring an extent of Ac.1-20 Guntas situated at Ananthagiri Revenue Village Ananthagiri Mandal' Suryapet District, pending final disposal of the main writ petition' Counsel for the Petitioners : SRI MULLANGI RAMI REDDy COUNSEI fOrthE RESPONdENT NOS.1 & 4: GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT :3:#"J1"[E;=i"rTondent Nos.2, 3, 5 & 7 : sRr K.MURALTDHAR REDDv, Counsel for the Respondent No.6 : SRI K.pRADEEP REDD| The Court made the following ORDER 7 HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.15275 of 2o25 ORDER: This Writ Petition is filed seeking the following relief: "....1o issue a tuit or order or dtrectton more partianlarlg one in the nature of Wnt of Mandamus declaing the action of respondent l{os-3 ,o 7 in fughhandedlg earmarking the petitioner No.1's agiculturaL Patta land bearing Sy.No. 107/ AA3, odmeasunng an extent of Ac.1 17 Guntas and Sy. No.1O7/tu|L admeasuing an extent of Ac.125 Guntos and Sy.No.134/ 1/2 admeasuring an ertent of Ac.1.O2 total Ac. 4.O4 gts., and petitioner No.2's agicultural Patta land bearing Sg.No.108/AA, aQmeasuing an extent of Ac.1-35 Guntas and petitioner No.3's agrtcultural Patta land beaing Sg.No.134/6, admeasuring an ertent of Ac.1-20 Guntas all situated at Anenthog[i Reuenue Village, Anonthagtri MandaL, Suryapet Distnct, and trying to euict the petitioners in the name of loylng the extension of BT Road 10 feet to 30 feet towards Jbrm Palaram to Kistopuram in ' petitioner patta lands, utithout follouing due procedure of IaLu and uittnut issuing ang sort of notice to petitioners and uithout acquiring the land by initictting land acqulsition proceedings as illegal, arbitrary ond uiolatiue of Aflicles 14, 2 I and 3O0-A of the Constttution of tndia aparl from being uiolatiue of pnnciples of natural ju:;tice ond consequentla direct the Respondents not to interfere. uih the subject lands of the petltioners, pending fnal disposctl of the moin tuit petition poss..." 2 . Heard Sri M. Rami Reddy, learned counsel for the petitioners, Sri K.Muralidhar Reddy, learncd Government Pleader for Revenue appearing for respondent Nos.2, 3, 5 and 7 and Sri K.Pradeep Recldy, learned Standing Counsel for respondent No.6. With the consent of the respective parties, the writ petition is being disposed of a1 the stage of admission. 2 -"-i LNA,J w.P.No.15275 of 2025 Learned counsel for the petitioners would submit that the 3. petitioner No.1 is the owner of the land admeasuring Ac l i7 guntas in Sy.No.107/AA3, Ac.1.25 guntas in Sy.No.lO7 /AA1' Ac.1.o2 guntas in Sy.No. I34 lIl2 in total Acs.4.04 guntas, petitioner No.2 is the owner of the land admeasuring Acs l-35 gutnas in Sy.No.1O8/AA and petitioner No.3 is the owner of the land admeasuring Acs. 1.20 guntas in Sy.No.134/6 situated Ananthagrri Revenue Viliage, Ananthagiri Mandal, Suryapet District and they are in.,peaceful possession and enioyment of the subject property and they have also been given patta passbooks and title deeds in respect of the subject lands' He further submits that respondent Nos.3 to 7 are interfering with the possession of the petitioners under the guise of laying BT road, without giving any notice and without taking any steps for acquiring the same, which is in clear violation of principles of natural justice and also in violation of Articte 3OO-A of the Constitution of India.

4. Per contra, learned Government Pleader for Revenue, on instructions, would submit that the writ petition is premature, as no steps are being taken for laying BT road and the respondents are not taking up any road widening, as alleged by the Petitioners. Learned Government Pleader would further -/ 3 LNA,J W.P.No. 15275 of 2025 submit that as and when road widening is taken up for expansion of the existing road, due process as contemplated under law will be followed

5.. Having regard to the submissions made by learned counsel for lhe petitioners as rvell as learned Government Pleader for Revenue, the writ petition is disposed of, directing the respondents not to dispossess the petitioners from the subject property without following due process of 1aw. No costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed //TRUE COPY// SD/. A. .s. GowRI SHANKAR ISTANT REGISTRAR H S SECTION OFFICER To

2. The PrinciPalSecretary, Revenue DePartm ent (Land Acquisition), State of to PanchaYat Raj State of Telanga and Rur na at HYd erabad eveloPment ctor. SuryaP et At SuryaPet' ineering(DPR E), Suryapet District At SuryaPet Kodad, SuryaPe nanthagiri, Anan t District thagiri mandal, SuryaPet at Raj Eng nal Officer t Officer, A al Secretary Secretariat,

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12.Two CD CoPies qF- SA GJP I I i t I .J k l rtE S f^1 r€ Li: ) J 11A|JE 206 -\ , r)r. .S,,nr C g€! HIGH COURT DATED:2810512025 ORDER WP.No.15275 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. >\

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