✦ High Court of India · 17 Jun 2025

EENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE v. BHASKAR REDDY WRIT PETITION NO

Case Details High Court of India · 17 Jun 2025
Court
High Court of India
Decided
17 Jun 2025
Bench
Not available
Length
1,016 words

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents 2 to 4 in interfering with the peaceful possession and enjoyment of the Ac. 0-35 guntas in Sy.No. 120169 situated at Teegalaguttapally village of Karimnagar Rural Mandal, Karimnagar district by forcing to submit the original Revenue Records is illegal, arbitrary, contrary to law and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner above said land lA NO: 1 OF 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 with the peaceful possession and enjoyment of -;lr*!r: petitioner land Ac. 0-35 guntas in sy.No. 120169 situated :rt reegalaguttapally village of Karimnagar Rural Mandal, Karimnagar district penrJing disposal of the Writ petition Counsel for the Petitioner: SRI MTRZA AZMATH ALI BAtc Counsel for Respondents: AGp FOR REVENUE The Court made the following: ORDER HOII'BLE SRI JUSTICD C.V. B'HASKAR REDDY ORDER WRIT PETITIOiY !i<l 370 of 2O25 It is stated that the petit;oner,s gianCfather by nairie late Kallapalli Ashalu was the ou,:tcr and l)ossessor oi the lancl admcasuring Ac.0.35 gulltas iu Sy.Irlo. I20/69, situate ci at Tecgalaguttapary Vilrage, Karimnr6-- pura! Mandal, Karin.rnaga; District rt is further stated that afier the death of the petiticner-,s gr-:urd[athr:;, the said pioperty was tliviilcd ainorrg tl:e co_sharcrs and thc petitioncr's fathc.- got his sharc oi lanC i.e. Ac.O.lZ yz gut rtas. It is statcd that rvhen ti^.e neighbci:rilg ou,ncrs disputed thc bounda,r-ies of the saiti prcpc::.-.. F-r,ire application, dated 15.09.2023 was submitteJ and acting or_r the said applica,.ion a survc-i rvas ccnducted o:-. 28. t2.2O23 bi: tlie Depr-tty Inspccior of survcy a,d tonch map lyas prcpa:.cd a,d tire borndaries rvere fixed. The grievance of the petition._i :s Lhat disputing the nature of land and the posscssion of the petrtioner over the subject propert-\. for rr hich the survey rvas conducted ar;C 1-ranchanama ',vas drarvn <:n 28.12.2023, the rcspondcnt authorities and their suborditrates are frequently interfering with his possession and causing obstruction for enjoyment of the said property. 2 Considered fie submissi3 of the learned counsel for the L.Ravinder, learned Assistant Government petitioner and Sri I CVBR, J \\'p 16370 2025 -!\'1 Pleader for Revenue appearing for respondent Nos. 1 to 4 and with their consent, this writ petition is being disposed at th e admission stage.

3. Learned Assistant Gcvernment Pleader for Fevenue has vehemently contended that since thc nature of the land is ceased to be al agricultural land the preserL writ petition hlerl against the revenue authorities is not maintainable. Learncd Assistant Government Pleader further contended that the revenu. authorities are not conferred rvith any power to regulate the non- agricultural land either under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 or under the provisions of thc Telangana Land Revenue Act, 1317 Fasli.

4. Be that as it may, since it is stated that th,: petitioner's grandfather was the pattadar of thc sr-rbject property and after his death the same was divided among the co-sharers and a survey has becn conducted by the Deputy Inspector of Survey and panchanama lvas drarvn stating that the petitioner is in possession of the propcrty, the respondents are not having :Lny power to interfere with the possession of the petitioner withoui clue process of larv. Therefcre, tl-ris Court is of the opinion t!-ra t the e nds of justice would be met if the petitioner is permittr:d to file an , CVBR, J Wp_t 6370_2025 application/ representation duly enclosing the documents relied upon by him before respondent No.4, who is conferred with the powers under the provisions of the Telangana Revenue Summonses Act, 1869 to verify the documents and in event of such representation being filed, respondent No.4 is directed to pass appropriate orders. Il the land claimed by the petitioner is patta land and there is no dispute r.,,ith regard to the nature of the land and its classification and if the interest of the Government is not covered in the subject property, the respondent authorities are directed not to interfere lr,ith the possession of the petitioner over the subject land and if there is any claim by the Government in the subject land, the respondents shall issue notice and follow due process of law. Till such time, the respondents and their subordinates are directed not to interfere with the possession of the petitioner, in any manner except in accordance with law.

5. With the above observations, this Writ Petition is disposed of. There shall be no order as lo costs

6. As a sequel, the miscellaneous petitions pending, if any, shall stand closed //TRUE COPY/' \ I Sd/. MOHD. ISMAIL EPUTY REGISTRAR SECTION OFFICER To, 1 2 J 4 6 I The District Collector, Karimnagar District' K{imnqC The Revenue Divrsional Officer, Karimnagar Revenu Karimnagar district.. Tt; i;[;;iu"i, Karimnagar Rural Maqdal' Karimnagar district' ffi ::i:"bgylrlr"[l'llllBt'*n:ll"^t"sY3]o,.","nn,narourl Two CD Copies r e Division, Karimnagar' .'.f.1 HIGH COURT GVBt, DATED: 1710612025 olr. lHE s14 14. ,J o (J \* \i t- 2 E JUN zl[i 'tr !: ,!l -r.,'/ : ar-""-.r- /'/ '--a- __----.'- ORDER WP.No.16370 of 2025 elq;8 DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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