✦ High Court of India · 04 Mar 2025

The High Court · 2025

Case Details High Court of India · 04 Mar 2025
Court
High Court of India
Decided
04 Mar 2025
Bench
Not available
Length
1,599 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 Direction or an Order more particularly one in the nature of WRIT OF I\iIANDAMUS declaring the action of the respondents in interfering the peaceful possession and enjoyment of the petitioners lands in sv.ruo. izs, lndalwai village and Mandal (once under Dichpalli Mandal) of Nizamabad District rn the guise of the demarcation of Sy. No. 528, 529 and 530 situated at neighboring Dichpalli village without following the due process of law is illegal, arbitraiy, uncbnstitutional and against the. fundamental rights of the CoistitUtion of lndia consequently direct the direct the respondents 4 to 6 not to interfere the peaceful possession and enjoyment of the petiiioners lands in sy..No. .175, lndalwai Village and Mandal (once under Dichpalli Mandal) of Nizamabad District in the guise of the demarcation of sy. No. 528, 529 and 530 situated at neighboring DichPalli village. ANO:1 OF2023 Fetition 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 4 to 6 not to intedere the peaceful possession and enioyment of ihe petitioners lands in Sy.No. 175, lndalwai Village and Mandal (oncl rtnder Dichpalli Mandal) of Nizamabad District in the guise of lhe demarcation of Sy. No 528,529 and 530 situqted at neighboring Dichpalli village' IA o OF 24 Petween:

1. Maru Raqhupathi S/o. Limbadri Aged about 35 years, Occ: Agriculture, R/o' H.No. 2-313 D,chpally Village and Mandal, Nizamabad District.

2. Gaddam Sandeep Reddy S/o. Gaddaryl Surendher Reddy' Aged about 32 - terra- bcc: Pnvite rnifloyee, R/o. H.No. 1'52, Near Pocharnma Temple, bichpally Village and ltlandal, Nizamabad District.

3. Gaddam GoMhami Wo. Gaddam Sandeep Reddy, Aged about 33 years, - Oi" Frivate Flmployee, R/o. H.No.1-52, Near Pobliamma Temple, Dichpally Villagq and Mandal, Nizamabad District.

4. Qaddam Surendher Reddy S/o. Late G4ddam Ramulu' Aged qbout.53.y..ears, dcc: Agliculture, R/o. H.Nb.1-52, Near PoQhamma Temple' Dichpally Village and Ma'lrdal. Nizamabad District.

5. Gaddam Satish Reddv S/o. Gaddam Surendhar Reddy. Aged about 32 years, Occ: Agriculture. R/o H.No.1-70, Dichpally Village and Mandal, Nizamabad District,

6. Gaddam Srinivas S/o. Late G. Narsaiah, Aged about 35 ye-ars, Occ: - Agricuiture R/o H No.6-43, Dichpaliy Village and Mandal, Nizamabad District.

7. Gaddam Manitha Wo. Late Gaddam Srinivas, Aged about 33 years, Occ: Agriculture ft/o H.No.6-43, Dichpally Village and Mandal, Nizamabad District.

8. Gaddam Bhopathi Reddv S/o. Late Gaddam Ganga Reddy, Aged about 50 years, Occ: Agriculturei R/o. H.No.6-43, Dichpally Village and Mandal. Njzamabad Dtstrict.

9. Qaddam Laxmi Wo. Gaddam Bhoopathi, Aged aboul 4E years, Qcc. Agriculture, R/o. H.No.'1-91, Dichpally Village and Mandal, Nizamabad District. i

10. Busa Mahesh S/o. Chinna Narsaiah, Aqed about 27 years, Occ: Agriculture, R/o. Dichpally Village and Mandal, Nizafiabad District. ...PETITIONERS/PROPOSED RESPONDENTS No.7 to 16 AND 1 2 3 5 6 7 B o Uppalwai Mamatha, W/o Uppalwai Rajendher Aged about 35 yrs, Occ. Agricultqre, R/o H.No. 3-5312212, Thirman Pally, lhdalwai Village, Dichpalli Mandal, Nizamabad Dt, Telangana - 503164. Veramallu Chandrakala, Wo Veramallu Dayanand, Aged about 42 yrs, Occ. Agriculture.- R/o H.No. 3-3-246, Kotagally.' Nizamab;d District, Telangana State-503001 Uppalwai Sqshila, W/q Rajanna Uppalwai, Aged about 73 yrs, Occ. Agriculture, R/o H.No. 3-53134120b, 'lndalwai Village, Dichpalli' Mandal, Nizampbad Dibtrict, Telangana State-S03164. Pasham Nargimlu, S/o Narsimlu, Aged about 71 yrs, Occ. Agricutgre, R/o 231 17, Dichpalli Mandal, Dichpalli, Nizamabad Distrist, Telangana 5031 75 ...RESPoNPENT No.1 tq 4/PETITIONER l!o.1 !o 4 The State of Telangana, Rep. by its Principal Secretary, Revenpe Department, Secretariat Bu ild in g, Hyderabad 50002? The DigtrictCqllectqr, Nizamabad District, Gurubabadi, Nizamabari, Telangana State- 503002. The Revenue Diviqiqnal Officer, Nizamabad Qistrict, Gurubabadi, Nizamabad, Telang?na Stqie- !Q300! Jhe Tahsildar, Dichpalli Mandal, Nizamabad ftevenqe Division, Nizamabad Pistrict: ': ' The Tahsildar, lndalwai Mandal, Nizamqbad Revenue Division, Nizamabad District,

10. The Assistant Director, Survey and Land Records, Nizamabad Qistrict. ...RESPONDENT No.S to 10/RESPONDENT No.1 to 6 f etition under Section 151 CP.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to implead' the petitioner No 1 to 1 0 herein as Respondent No 7 to 1 6 in W.P.No.21654 of 2023 and proper in the cirqumstqrlce of the case. Counsel for the Petitioner: SRI PARIMALA PARIGI Counsel for the Respondent No.1 to 6: GP FOR REVENUE Counsel for the Prqposed Respondents: M/s. HIMANG| NI SANGHI The Court rnaCe the following: ORDER Y// a I i HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITIO N No.21654 of2023 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: "...pleased to issue a Writ or Direction or an Order more particularly one in t1le nature of WRIT OF MANDAMUS declaring the action of the respondents in interfering ttre peaceful possession and enjoyment of the petitioners' lands in Sy.No.175, Indalwai Village and Mandal (once under Dichpalli Mandal) of Nizamabad District in the guise of the demarcarion of Sy.Nos.528, 529 ar..d 530 situated at neighboring Dichpalli village without following tJle due process of law is illega,l, arbitrary, unconstitutional and against the fundamental rights of the Constitution of India c.rnsequently direct the direct the respondent Nos'4 to 6 not to interfere the peaceful possession and enjoyment of the petitioner:s lands in Sy.No.175, Indalwai Village and Mandal once under Dichpa-lli Mandal) of Nizamabad District in the guise of thc dernarcation of Sy.Nos.528, 529 and 530 situated at neighboring Dichpalli village and pass..."

2. Consi<lered the submissions of the learned counsel for the respective parties.

3. It is stated that the petitioners were granted D-Form pattas in the year 2008 in respect of land bits (metta) in Sy.No.175 situated at Indalwai Village and Mandal of Nizamabad District, and since then they are in possession and cultivating the said lands. It is further stated that under the guise of issuance of a notice vide Rc.No.All819/2O2 dated L8.07.2023 for demarcation of Survey Nos.528, 529 artd 530 situated at Dichpally Village and Mandal, Nizamabad, the respondents are interfering with the peaceful possession and enjo5rment of the said lands, without following due process of law. According to the petitioners, the subject lands form part of Sy.No. 175 situated at Indalwai Village and Mandal, whereas the lands form part of Sy.Nos.528, 529 and 530 are situated at Dichpally Village and Mandal, Nizamabad District.

4. A careful examination of the record would reveal that there are village boundary disputes and in order to resolve the same, respondent No.6- Assistant Director, Survey and Land Records, Nizamabad has issued proceedings Rc.No.Al/819/2O2O, dated 18.07.2023 and directed all the pattadars concerned and also adjacent/ neighboring pattadars to be present on 25.O7.2023 at 10.30 A.M.

5. In view of the same, this Court is of the view that ends of justice would be met if survey has not been already I \ conducted. the respondents a_re directed to issue notice to the petitioners, contesting respondents, adjacent pattadars and other interested/effected parties before conducting survey for fixation of the boundaries of the lands relating to Sy.No. 175 of Indalwai Village and Mandal of N2amabad District and Sy.Nos.S2g, S2g and 530 situated at Dichpally Village and Mandal, Nizamabad District and conduct survey, to resolve the overlapping boundarSr dispute among two villages in accordance with law, as expeditiously as possible, within a period of two (02) months from the date of receipt of a copy of this order.

6. With the above observations, the writ petition 1S disposed of. No Costs. As a sequel, the miscellaneous petitions pending, if any, shall stan d closed. //TRUE COPY// SD/-T. TIRUMALA DEVI A SI T/\NT REGISTRAR ECTION OFFICER To, .Qepartment. The State of Telangana.

1. The Principal Secretarv..Revenue ^ gecretariatBuitding, Hirderabad500b2r.' - ' '"" z. tne utst.ct Co,ector. Nizamabad District, Gurubabadi, Nizamabad, Telangana State- 503002. ' Ilir[""'r"Jt",r?JYrsronalofficer' 4 TherTahsildar, Dichpalli Mandal, Nizamabad Revenue Division, Nizamabad 5 The Tahsirdar, rndarwai Mandar, Nizamabad Revenue Division, Nizamabad Nizamabad District, Gurubabadi, Nizamabad, 6 7 B /o.D 10 Copies irector, Surve and Lan dR ecgrds, Nizamabad Qistrict PARIMALA ARIGI, Advocale HIMANGINI SANGHI ,Advocqte FOR REVE NUE, Hig hCourl for IOPUCI iofucj the State v P of felangana HIGH COURI- CVBR,J DATED:041Oit12025 ORDER WP.No.21654 of 2023 1 tle tTr\ r€ ( g ii t1 ilAn [5 .r.- .DE SI,AT I I t DISPOSING OF THE WRIT PETITION WITHOUT COSTS cgq'o W

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