High Court · 2025

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 any writ, order or direction more particularly one in the nature of WRIT OF TUANDAIMUS, declaring the action of the respondents 2 to 4 in interring with the peaceful possession and enjoyment of the petitioners lands in Sy. No_ 1 O0 to an extent of Ac.3-00 situated at [Vledipalli village, Kataram [Mandal, peddapalli District (Karimnagar District) as illegal, arbitrary, unconstitutional and violation of Articles, 14,21 and 3004 of the Constitution of lndia and consequenfly Direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner above said lands by removing the sign board which is erected on the petitioners above lands by the 4th respondent. l.A. NO: 2OF 2011'(WPMP. NO: 8430 0F 2017) 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 elnjoyment of the petitioner's lands n Sy. No. 100 to an extent of Ac. 3-00 situated at Medipalli village, Kataram [\landal, Peddapalli District (Karimnagar District) by removing the sign board which is erecteC on the petitioner's above lands by the 4th respondent pending the disposal of the above writ petition l.A. NO: 1 OF 201i'(V,IV MP. NO: 2282 OF 20171 Between: '1 . The State of Telangana Rep.by its principal Secretary, Revenue Department Secretariat Buildings, Hyderabad.

2. The District Collector, Peddapalli District at Peddapalli, (Karimnagar District.) 3. The Revenue Divisional officer, lt/antheni Revenue Division, Peddapalli District (Kari.nnagar District. )

4. The Tahasilclar Kataram I\/andal, Peddapalli District (Karimnagar District) ...PETITIONERS/RESPONDENTS AND Gundla Sammakka, W/o: Narsaiah, Aged about 53 years, Occ Fl/o Medipalli Village, Katararn lt4andal Peddapalli District District) :Agriculture (Karimnagar ...RESPONDE NTS/PETITIONER 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 vacate the interim orders dt: 28.02.2017 passed in WPMP No. 8430 of 2017 in WP No.6B6B of 2017 and dismiss the writ petition. Counsel for the Pertitioner: SRI J. KANAKAIAH Counsel forthe Respondents: AGP FOR REVENUE The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No. 6a68 of 2OL7 ORDER: Heard learned counsel appearing for the petitioner and learned Assistant Government pleader for Revenue appearing for the respondents and perused the records.

2. Learned Counsel for the petitioner submits that the Government issued assignment patta certificate bearing No.B/ 1377 192, dated 14.O8 .1992, to an extent of Ac.2_05 guntas and the patta certificate bearing No.B/ 13Z6/2000, dated 30.12.2OO, to an extent of Ac. 1.OO guntas, which in total to an extent of Ac.3-05 guntas situated at Medipalli Village, Kataram Mandal, Peddapalli District (Karimnagar District) to the petitioner. Thereafter, the petitioner has been cultivating the subject land and the same was mortgaged with the State Bank of Hyderabad, Kataram for availing crop loan and at the time of mortgage, a certilicate was also issued by t1le respondent No.4-Tahsildar. I I I I 2 SK,I wP'686A 2017

3. Learned Counsel for the petitioner further submits that in thr: y621, 2014, some of the relatives of the petitioner have tried to interfere with the possession of the petitioner with regard to the subject property. Challenging the same, the petitioner filed O.S.No.16 of 2OL4 on the file of the Junior Civil Judge, Manthani and obtained perpetual injunction on O8.04.2015 against them.

4. Learned Counsel for the petitioner further submits that while it being so, the respondent No.4-Tahsildar is tryrng to rlispossess the petitioner. from [he subject property without following due process of law and erected sign boards stating that the subject property belongs to the Government and orally instructed the petitioner not to cultivate an,1 the said action is illegal and arbitrary, and requested this court to allow the writ petition 'by directing the respondents not to interfere with the possession of the petitioner with regard to the subject property. 3 sK,l wP 6868 2017

5. Learned Assistant Government Pleader for Revenue, basing on the counter filed on behalf of the respondent No.4, submits that on verihcation of revenue records, it is noticed that the assignment patta certificate for an extent of Acs.2-05 guntas uide No.817377192, dated 14.08.1992 and an additional extent of Ac.1-00 guntas uide patta certificate No.B/ 7376/2OOO, dated 30.12.2000 total extent of Ac.3-05 guntas in Sy.No.100 were not issued in favour of the petitioner by the respondent authorities and there are no such transactions relating to assignment of pattas to the petitioner in the Government lands. As such, the petitioner created a fictitious assignment patta certificates and obtained a Pattadar Pass Book as well as the Title Deed bearingNo.482722 with khata No.166.

6. Learned Assistant Government Pleader for Revenue further submits that it is also noticed that Pattadar Pass Book and Title Deed with No.482743 were already a-llotted to another. On the basis of the said Pattadar Pass Book and Title Deed, the petitioner secured a crop loan for 4 SK, ] wP 6A6A 20t7 agricultural operations by mortgaging the bogus Title Deed \ rith the State Bank of Hyderabad, Kataram by misrepresenting the facts. The petitioner: continued unabatedly till a complaint dated 24.03.2017 was lodged by the villagers of Medipall Village and adverse news was also published in the local PRtrSS, thereby, the Responden: No.4-Tahsildar conducted an open enquiry on

24.03.201,7 in the presence of village elders. During the open enquiry in the village, all the allegations levelled against the petitioner were held proved.

7. Learnt:d Assistant Government Pleader for Revenue further submits that the petitioner cleverly manipulated the revenue records and created forged Pass Book and Title Deed tind mortgaged the Title Deed in orcler to secure crop loan from State Bank of Hyderabad. It is also stated that the pelitioner never cultivated the said land and it is fallow till date. The respondent No.4-Tahsildar is the competent authority to protect and safeguard the Government lands from the land grabbers and the ) SK.I wP'6464 2017 petitioner is having own house in Medipally Village and is working as AAYA in Tribal Welfare School situated at Medipally Village and the subject land in Sy.No.1O0 1S situated in front of the School. Taking advantage of this situation and with the co-ordination with the then Village Revenue Officer, the petitioner 1S trying to grab the Government land. As such, there is no highhanded interference by the revenue authorities in erecting a sign board and dissuading the land grabber from taking up agricultural operations 1n Sy.No.1OO and requested this Court to dismiss the writ petition.

8. After hearing both sides and on perusing the material on record, this Court is of the considered view that the petitioner is questioning the interference of the respondent authorities with regard to the possession of property to an extent of Ac.2.05 guntas and Ac.1.O0 guntas in total Ac.3.O5 guntas situated at Medipalli Village, Kataram Mandal, Peddapalli District (Karimnagar District) without following due process of law. 6 !- sK,l wP 6A6A 2017

9. The contention of the petitioner is that the respondent authorities assigned the land to the petitioner through patta certificate bearing No.B/1377 192, dated'

14.08.1992, to an extent of Ac.2-O5 guntas and the patta certificate bearing No.B/1376l2OOO, dated 30.I2.2OO, to an extent of Ac.1.00 guntas, total admeasr-tring to an extent of Ac.3-05 guntas. The petitoner has m.ortgaged the said land to the State Bank of Hyderabad, Kataram Branch for availing crop loan. At the time of availing of crop loan, the respondnet No.4/Tahsildar issued certificate to that effect. Nou., without following procedure, the respondents have erected the sign boards in the suit schedule property by stating that the suit schedule land belongs to the Government.

10. On the other hand, the respondents contended that the petitioner filed forged and fabricated assignment patta certificates such as Title Deed No.482722 with Khata No.166 and also availed crop loan. In view of the complaint lodged by the villagers, the respondent 1 SKI wP 6a6A 2017 authorities have conducted enquiry and stated that allegations made against the petitioner was proved. In view of the same, the respondent No.4/Tahsildar being a competent authority to safe guard the Government land from the land grabbers, erected sign board stating that the subject property belongs to the Government and instructed the petitioner not to cultivate as there is no irregularity in this matter.

11. In fact, the respondent authorities have not initiated any proceedings for cancellation of the assignment pattas granted in favour of the petitioner and also not cancelled the Title Deed and Pattadar Pass Book. The respondents failed to file arry document with regard to enquiry conducted by the Tahsildar on 24.03.2017 and there is no document shows that the respondents issued any notice to the petitioner.

12. The respondent authorities have stated in their Counter as the petitioner has obtained fabricated I IJ SK, wP 6868 2017 ' assignment pattas with the help of the revenue authorities and also got mutated the name of the petitioner in the Title Deed ancl Pattadar Pass Book but failed to hle any documents with regard to the action taken by them against the petitioner as well as the then revenue authorities, who issued Titk' Deed and Pattadar Pass Book in favour of the petitioner. Moreover, basing on the complaint of the villagers, the respondent authorities conducted enquiry behind bac)< of the petitioner and erected sign board in the suit schedule property, which is situated beside the school building. The respondent authorities without following any procedure or without cancelling the assignment patta certificates rssued in favour of the petitioner and Title Deed and Pattadar Pass Book granted in favour of the petitioner under the ROR Act, they cannot interfere with the possession of the property of the petitioner. If they want to do so, they have to follow the procedure contemplated under law. SK,I wP 6868 2017

13. In view of the above circumstances' the Writ Petition is allowed by directing the respond'ents not to interfere withthepossessionofthesuitschedulepropertyofthe petitioner without following due process of law' If they want to acquire the assigned land of the petitioner' they have to follow the procedure as contemplated under the Land Acquisition Act. However, there shall be no order as to costs. L4. Miscellaneous petitions pending' if any' in this writ petition shall also stand closed' Witness THE HON'BLE ACTING CHIEF JUS'TICE SUJOY PAUL' Thursday' The Thirteenth oav oii"o-t'"ry iwo ttrousand And Twenty Five I //TRUE COPY// SD/. N. RAJ GOPAL SISTANT REGISTRAR SECTION OFFICER To, cretariat Buildings, The State Pedd of Te langana H e District Collector,

1. The PrinclPal Secretary, Revenue DePartment 2. th 3. The Revenue Division al officer., Mantlieni Revenue Divis ion, Pedd apalli rD istrict.) Peddapalli District (Karimnagar District) aram Mandal, 4. The Tah 5. One CC to Sri J. Kanakaiah, Ad vocate [OPUC] State of Telangana, at 6. Two CCs to G P for Revenue, Hig h Court for the bad. apalli District at PeddaPalli, ( District ( Karimn asildar Kat Karimnagar District.) Hvd erabad [OUrl Two CD CoPies

7. TJ GJP W HIGH COURT DATED:1UA212025 'L (oB 1HE s14 r5- 1 B JUI'I IIE Z (' o n ORDER WP.No.6868 of 2017 :)"., ', I (:u * ALLOWING THE WRIT PETITION WITHOUT COSTS ow,'