Manne Satyanaruyana v. The State of Telangana

Petition Under Section 151 cpc praying that in the ci,cumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents herein not to interfere with petitioners, peaceful possession and enjoyment of the land Ac. 0. 20 guntas of land ir survey no. .t 66/1 5, BowrampetVillage, Dundigal Gandimaisamma Mandal, Medr,hal Malkajgiri District pending disposal of the above writ petition. Counsel for the Petitioner : SRI S.SRIDHAR Counsel for the Respondents : AGp FOR REVENUE The Court at the stage of admission made the fo owing OFDER THE HON'BLE SRI JUSTICE C.V. BIIASKAR REDDY WRIT PETITION No.155 50 of2O2S ORDER: This writ petition is filed seeking following relief: "For the reasons stated in the accompanying aflidavit, it is hereby prayed that this Hon'lole Court may be pleased to issue any Writ' Order df direction more particularly one in the nature o[ writ of certiorari, call for the records and quash the Notice no.B/16912025 d,ated 12.03.2025 declaring the same as arbitraqr, illegal' vague and ambiguous without any true particulars and consequently direct the respondents herein not to interfere with petitioner's peaceful possession and enjoyment of the land Ac.O.20 guntas of land in survey no 166/15, Bowrampet Village' Dundigal Gandimaisamma Mandal, Medchal Malkajgiri District and pass such other order or orders as this Hontrte court may deem Iit artd proper in the circumstances of the CASC

2. It is stated that petitioner's father was in possession of agricultural land. admeasuring Acs. 0.2O guntas in Surwey No 166, situated at Bowrampet Village, Dundigal Gandimaisamma Mandal, Medchal- Malkajgiri District (for short, the subject landJ, which was assigned to him under Rule 9G of the Lavoni Rules and the name of petitioner's father was also mutated in the revenue records and paltadar passbook was also issued to him. It is further stated that the petitioner's father was in possession of the subject land prior to the policy enunciated by the State Government uide G.O.Ms.No.1406, dated 25.07.1958. It is further stated that after the death of the petitioner's father on 05.09.2015, petitioner became the successor of the subject land and is in peaceful possession and enjoyment of the said land. It is further stated that due to efflr-x of time and rapid urbanization of the peripheral areas of the twin cities, the subject land was not conducive for the petitioner to carry out agriculture and therefore, the petitioner along with I 2 CVBR, J W.P. No. 15550 of 2O25 _qI .a one Akula Babu purchased around 20 buffalos and started doing dairy activities ald the petitioner also constructed a tempo rary structure with asbestos and also a small house to live in the subject land. It is further stated that the 2na respondent issued a notice dated 12 )3.2025 under Rule 3 ol the Telangana Assigned Land (Prohibition of Tr: nsfcr) Rules, 1977 directing the petitioner to show cause as to why the p,:titioner shouid not summarily evicted from the subject land and as to wh.. any crop or other product rarsed on the subject land and any building or other construction erected or anything deposited thereon should not be for-eited. It is further stated that the petitioner submitted a reply dated O6.C'6.2O25 to the said notice. The grievancc of the petitioner is that thorgh the petitioner submitted an explanation dated 06.06.2025 to the notic< dated 12.O3.2025, the 3'd respondent, on instructions of the 2'd respond,:nt, high handedly entered the subject land rvith JCBs and demolished the itructures. Hence, the present writ petition.

3. Considered the submissions made by the learned counsel for the parties and u,i[h their consent, this writ petition is r lisposed of at the admission stage.

4. Learned counsel lbr the petitioner contended that to the notice dated 12.O3.2025 issued by the 2"a respondent, the petitir ner has submitted a reply dated O6.O6.2025 to the 2"d respondent stating th 1t the subject land is assigned under 9G of Lavoni Rules which per se catroot be termed as CVBR, J W.P.No.15550 of 2025 I I assigne d land issued under Telangana Assigned Land (prohibition of Transfer) Act, 1977. Learned counsel for the petitioner further contended that without considering the expranation dated o6.o6.2o2s submitted by the petitioner to the show cause notice d,aLed, 12.03.2025, the authorities have demolished the structurcs in the subject petitioncr. land of the respondent

5. In view of the above submission and having regard to the facts and circumstances of the case, since the petitioner is having an alternative efficacious remedy of filing an appeal under Section a(A) of thc Telangana Rights in Land and Pattadar passbooks Act, 1971(for short, the Act, 1921J, the ends of justice wourd be met if the petitio,er is relegated to file an appeal under section 4(A) of the Act, r927, if he is aggrieved by the notice issued by the 2"d respondent, withi, a period of two (02) weeks from the date of rcceipt of a copy of this order. Further, the respondents are directed not to take any coercive action against the petitioner in respect of the subject land tilr the disposal of the appeal, in any manner. 6 With the above observations, the Writ petition is disposed of There shall be no order as to costs. Miscellaneous applications pending, if any, shall starld closed //TRUE COPY// SD/-P. PONNA KRISHNA SISTANT REGISTRAR SECTION OFFICER To

1. The Principal Secretary, (Revenue), Secretariat ildings, State of Telangana

2. The Tahsildar, Dundigal Gandimaisamma Mandal Medchal Malkajgiri District. 3. The Revenue lnspec[or, Dundigal Gandimaisamma Mandal Medchal at Hyderabad. Malkajgiri District. :

4. Two CCs to GP FOR REVENUE, High Court for the Stat:: of Telangana at Hyderabad. [OUT]

5. One CC to SRI S.SRIDHAR, Advocate [OPUC] 6. Two CD Copies SA BS \qr Er{ ?. ( I1 J U t,l u6 .t _) ) o^ (, a * 4 CT rt o HIGH COURT \ DATED:1010612025 \ ORDER WP.No.15550 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. q-P(4 &-*