✦ High Court of India · 10 Jul 2025

1. Chunchu Kartheek v. 1. The State of Telangana

Case Details High Court of India · 10 Jul 2025
Court
High Court of India
Decided
10 Jul 2025
Bench
Not available
Length
1,256 words

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 particularly one in the nature of wRlT oF MANDAMUS declaring impugned action of the Respondent officials in interfering with the peaceful physical possession and enjoyment of the Petitioner in respect of his absolute property to an extent of about 928.43 square yards in Survey Nos. 2151A and 217lAA, in Plot Nos' 19, 20, and 21 situated at khanapuram Haveli, Khammam District as arbitrary, illegal, capricious, high- handed, violative of Articles 14, 21 and the guarantee under Article 300-A of the 'Constitution of lndia apart from being in violation of the princip es of natural justice and fair play and the law laid down by the Honourable Apex Court in its expressions in ln Re' Demolitions, Rajendra Kumar Barjatya : nd Another Vs U P Awas Evam Vikaas Parishad and Ors. and Kolkatta Municiptrl :rirporation and Anr Vs Bimal Kumar Shah and others and consequently, to drrect the Respondent officials to refrain from interfering with the physical peac e 'ul possession and absolute enjoyment of the ownership of Petitioner in respt:c t of the land of an extent of about 928.43 square yards in Survey Nos. 215/A irnd 217lAA, in Plot Nos. 19,20, and 21 situated at Khanapuram Haveli, Kharrrram District in any manner whatsoever lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the cirrt mstances stated in the affidavit filed in support of the petition, the High Court nay be pleased to DIRECT the Respondent officials to refrain from interferirrg with the physical peaceful physical possession and continuous enjoyment ,)f the ownership of Petitioner in respect of property to an extent of about 92[i.'.3 square yards in Survey Nos. 215lA and 217lAA, in Plot Nos. 19, 20, ai 21 situated at Khanapuram Haveli, Khammam District in any manner vrl^ atsoever including dispossession pending disposal of the above writ petition Counsel for the Petitioner: SRl. M V B S NARASIMHA ANUE EEP Counsel for the Respondent Nos.1 to 4: SRI L. RAVINDER I,C P FOR REVENUE Counsel for the Respondent No.5: GP FOR IRRIGATION Counsel for the Respondent No.6: SRI P. SRIDHAR RAO SC F OR MC The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN. KUMAR WRIT PETITIO NNo.1982[6 of.2o.25 ORDER This Writ Petition is filed by the petitioners aggrieved by the action of respondent officials in interfering with the physical possession and enjoyment of their property, which they claims to be to an extent of 928.43 square yards in Survey Nos'215/A and 217 IAA in plot Nos.19, 20 and 21 situated at Khanapuram Haveli' Khammam District.

2. The petitioners submit that they are joint owners and possessors of the subject lands which are adjacent to each other' There exists a vaagu (stream) nearby their property' In ttre natural course, rainwater used to flou' from Raghunadhapalem Kunta (water reservoir) to Battcpalli Kttnta (water reservoir) from their to Khanapuram Cheruvu (large pond), and eventually into Lakkaram Cheruvu (iarge pond). This natural drainage pattern played a crucial role in supporting agricultural activities in the region for farmers who depend on irrigation source Petitioners would further submit that there are some uncheckecl encroachments, flood waters during the period of rainfall u'hereby, tt-re flood waters into the Cheruvu have been closed and the respondent Ofhcials in order to cover up their mistakes and to divert alten tion and instead of addressing the root causes of the problems, are no\\' resorting to unauthorized interference in thc private vacant lands of the petitioners without 2 conducting any enquiry. Questioning the sarr c the present Wrii Petition is filed.

3. Heard the learned counsel for the petitioner rrncl Sri L.Ravinder, \ Iearned Assir;tant Government Pleader for Revenut:.

4. Learned counsel for the petitioners draws atr ntion of this Court that in similzrr situation, in the neighboring adjace.rrt plots, this Court, in similar set of facts of circumstances, pass::r L an order dated

20.06.2025 ;n W.P.No.17027 ot 2025. The seirL Writ Petition is disposed of ',!ith a direction to the respondents to It lo',v the guidelines issuing in W P.No.27llO of 2024 and batch and r re decision of the Honble Apex Court in Rajeudra Kumar Barjatya ernd another y. U.P. Avas EvaE Vikas Parishad and Othersr before i ritiating any action on the petitioners' land.

5. Irarnec counsel for the petitiorlcrs subrnr ; tha t since the subject lands are adjacent to thc similzrr lancls, u lrich are being the subject matter of W.P.No. 17027 of 2O25, similu ordr;rs may be passed.

6. Sri L.Ravinder, Learned Assistant Cioverrrrr cnt Pleader for Revenue had not disputed thc submissiotrs of tlre ler rrned counsel for the petitioners.

7. In view o[ the lacts and circumstances, thc respondents directed not to interfere with thc peLi[ioncrs ]. roperty without I Civil Appeal No. 14604 ot 2024 . datcd t7 .t2.202,+ 3 following due process of law and are directed to follow the guidelines issuing in W.P.No.27l1O of 2024 and batch and the .decision of the Hon'ble Apex Court in Rajendra Kumar Barjatya and another v. U.P. Avas Evam Vikas Parishad and Others (cited I supra) before initiating any action on the petitioners' land With the above observations, the Writ Petition is disposed of There shall be no order as to costs As a sequel, miscellaneous applications pending in this petition, if any, shall stand closed. To, //TRUE COPYII SD/.U. SUDHA NT REGIS ION OFFICER

1. The Principal Secretary, Revenue, secretariat Buildings, Telangana State. erabd,

2. The District Collector, Khammam District, Collectorate Building Khammam Town and District. 1 1

3. The Revenue Divisionat Officer, Khammam District, RDO Office Khammam fown and District.

4. The Tahsildar, Khammam (Urban) Mandal, Khanapuram Harreli, Khammam Town and District.

5. The Deputy Executive Engineer, lrrigation Department, Khammam Town and District.

6. The Commissioner, Khammam Municipal Corporation, Khammam 7. One CC to SRt. M V B S NARASTMHA ANUDEEP Advocate tOpUCI 8. One CC to SRI P. SRTDHAR RAO SC FOR MC tOpUCl 9. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana. [OUTI 1 0'Two ccs to GP for rRRrGATroN, High court for the state of relangana at Hyderabad. [OUTj I

11.Two CD Copies KKSLS 1,,,\ HIGH COURT DATED:1 010712025 ORDER WP.No.19846 of 2025 --o14 1"' 'i '[ii 2025 (-.P '{. ,/| ,. ../ .., DISPOSING THE WRIT PETITION WITHOUT COSTS I ,,(

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