✦ High Court of India · 08 Apr 2025

The High Court · 2025

Case Details High Court of India · 08 Apr 2025
Court
High Court of India
Decided
08 Apr 2025
Bench
Not available
Length
1,098 words

THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITION NO: 22675 OF 2020 Between: ) Smt. Musugula Manga, D/o. Bellala Narasimha Redd Aged.42 Years, Occ.Agriculture, R/o. H. No. 4-81, Venkatapuram Village and Mandal, Mulugu District. Wo. Musugula Ashok, P. High School Street, v, Z ...PETITIONER AND 1 The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2 , 4 E 6 7 The District Collector, At Mulugu, Mulugu District. The Revenue Divisional Officer, Mulugu Revenue Division, Mulugu District. The Tahsildar, Venkatapuram Mandal, Mulugu District. The Station House officer, Venkatapuram P.S., fi/ulugu District. The Venkatapuram Grampanchayat, rep by its Secretary, Venkatapuram Villagae Mandal Mulugu District. Mr. Jnanam Vasu S/o. J. Saraiah, aged 46 years, Occ Political Leader CPMR/o. Venkatapqram Village , Mandal,Mulugu District. RR 6 & 7 are impleaded as per C.O. dt. 2811012021 in I.A. No. 212021. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the 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 lhe nature of Writ of Mandamus, declaring the action Respondent Nos.4 and 5 are interfering with the peaceful possession and enjoyment of the House property bearing H.No.4-1BG in (Old Sy. No.1), New Sy. No. 68, an extent of Ac.0-50 cents, situated at Venkatapuram Village and Mandal, Mulugu District without there being any authority of law as arbitrary, illegal and contrary to the provisions I of Revenue Act and violation of petitioners rights guaranteed under Art.14,21 and 300-4 of the Constitution of lndia., and consequently direct the Respondents not to interfere with the Peaceful possession and enjoyment of the House Property bearing H.No 4-186 in (Old Sy. No.l), New Sy. No, 68, an extent of Ac.0-5o cents, situated at Venkatapuram Village and Mandal, Mulugu District and to grant such other relief or reliefs as this Honopurable Court deems fit and proper in the circumstances of the case. lA NO: 1 OF 2021 Petition under Section 151 QPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pteased to permit the petitioner herein to file Additional Material Papers, i.e , 1) Copy of the Representation to the 2nd Respondent along with neat copy dt. 211612021 , 2) Copy of the Representation to the 2nd Respondent d|.25t612021 along with near copy, 3 Latest Photos Valk\ (')showing the 4tn Respondent authorities are came into the House property on 2310612Q21 at about 5.30. P M and erected sign boards, 4) Copy of the Letter to the MRO, Vqnkatapuram, i_ssued by the Court of the Agent to Government, Khammam, dl. 171612Q00, 5) Copy of Letter by the MRO to the Honourable Cgurt qf the Qenior Civil JudqP, Kothagu(em, dt. 131412001 Legal Assistance Case filed by the Petitioner Mother, for proper adjudication of the case lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, t!-re High Court may be pleased to direct the Respondents Nos.4 and 5, not to interfere with the peaceful possession and enjoymenf of thr: House Property bearing H.Np.4-'186 in (Old Sy No.1), New Sy. No. 68, an exlent of Ac.O-50 cents, situated at Venkatapuram Village and Mandal, Mulugu District, pending disposal of the main Writ petition. Counsel for the Petitioner :SRl. BABUJI TENNETI Counsel for the Respondents No.1to4 : GP FOR REVENUE Counsel for the Respondents No.5 : GP FQR HOME Counsel for tfie Respondent No.6 : SRI G.NARENDER REDDY(SC FOR Gp) Counsel for tfie Respondent No.7 : The Court mide the following: ORDER ,- SK, J w.P.No.22675 of 2O2O THE HON'BLE SRI JUSTICE K.SARATH ORDER: W.P.No.22675 of 2O2O This writ petition is filed questioning the action of the respondent No.4 and 5 in interfering with the peaceful possession arrd enjoyment of the petitioner over the house property bearing No.4- 186 in new Sy.No.68 (old Sy.No. 1) admeasuring to an extent of Ac.0-50 cents situated at Venkatapuram Village and Maldal, Mulugu District, without there being any authority as illegal and arbitrar5r.

2. Heard learned counsel for the petitioner and Iearned Assistant Government Pleader lor Revenue. 3. Learned Counsel for the petitioner submits that after liling this writ petition, the respondents are not interfering with the possession of the petitioner over the subject properlr, however, in spite of lapse of more than 4 years, the respondents did not choose to file counter denying the averments made by thc pctitioner and requested to dispose of the writ petition with a t ( I Y-'-r SK, J W.P.No.22675 of 2O2O direction to the respondents not to interfere with the possession of the petitioner over the subject property without following due process of law. 4. Learned Assistant Government pleader for Revenue submits that if the respondents want to evict the petitioner from the possession of the subject property, the-y will follow due process of law and requested to pass appropriate order. 5. In view of the above circumstances, the Writ Petition is disposed of directing the respondents not to interfere with the possession of the petitioner over the subject property without following due process of law. No order as to costs. 6. Miscellaneous Applications, if any pending in this writ petition. shall stand closed //TRUE COPY// i \A l... SD/- SMT. K. I3HAV,ANI SWAMY SSISTANT REGISTRAR / SECTION OFFICER 1 The Priqcipal Secretary, Revenue Department Telangana, Hyderabad. cretariat, Stpte of

2. The District Collector, At Mulugu, Mulugu District. 3. The Revenue Divisional Officer, Mulugu Revenue Division, Mulugu District. 4. The Tahsildar, Venkatapuram Mandal, Mulugu Dislrict. 5. The StAtion House officer, Venkatapuram P.S., MuhJgu District. 6 The Secretary, Venkatapuram Grampanqhayat, Venkatapuram Villagae Mandal Mulugu District.

7. One PC to SRI BABUJ| TENNETI, Advocate. IOPUCI .-- d6Jl To, \ K- . 8. Tvo_CQs to GP FOR REVENUE, High Court for the State of Tptangana tourJ S L.*g QCs to 9P FOR HOME, High Cqurt for the Stale of Tetangana at Hyderqbad [QUII 10 one 0C to qtsI G.NARENDER REDDY, (SC FoR GPPS). [oPUc] 11 Two CD Copies. BSK SS tr1c. i \ t HIGH COUR'r DATED:0810412025 l I I r t- !: ORDER WP.No.2267li of 2020 I I oR 1tle S 1.4 r( t 2 3 lut 2,p5 o o I ir',\ '-I :i! Sp4t HEo i ( DISPOSING OF THE WRIT PETITION WITHOUT COSTS Gh^q uls\zS

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