1. Kusukuntla Ram Reddy v. 1. The State Of Telangana
Case Details
Acts & Sections
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 a writ, order, or direction, more particularly one in lhe nature of WRIT OF MANDAMUS declaring the action of the respondents more particularly No.'106 to the Resporident No.6' in conducting the survey of part of the rand in sy. No.107 on 06-05-2022 without issuing any notice to the petitioners, the adjoining rand owners and posse$sors, and thereby interfering with their patta land in Sy. an extdnt of Ac.1 1-1 1 . guntas situated at Chinnakondur village, Mandal, Yadadri-Bhuvanagiri District as highly illegal, arbitrary, Choutuppa I without jurisdiciion,:in vioration of principrei bf naturar justice, and in vioration of Articres 14, 21 and 300-4 of the constitution of rndia and consequq4fly set aside the qurvey report and panchanama dated 06-05-2 O22 prepared by the 6th respondent and direct the respondents not to dispossess/interfere with the rights of the petitioner in respect of their above said land. !A NO: oF 2022 1 Petition under Section 151 CpC praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High Court may be pleased to direct the respondents not to dispossess/interfere with the rights of the petitioner in respect of their patta rand in sy. No.106 to an extent of A,:..r 1-1 1 guntas situated at chinnakondur viflage, choutuppar mandar, yadadri-Bhuvanagiri district by suspending the survey report and panchanama dated 06_05_20 22 prepared by the 6th respondent pending disposar of the above writ petition in the interest of justice. Counsel for the petitioner : SRI P.LAKSHMA REDDY Counsel for the Respondents No.1to6: ASST.Gp FOR REVENUE Counsel for the Respondents No.7&8 : SRI M.RAMGOPAL RAO, SC FOR Gp The Court made the following: ORDER l.r HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.293O3 of 2022 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is liled seeking the following reliet "....ro issue a utit order or direction more particularlg one in the nature of WRIT OF MANDAMUS declaring the action of the respondents more particularly tlLe Respond.ent No.6 in conducting the suruey of part of the lond in Sg.No.1O7 on O6.O5.2O22 tuithout issuing ang notice to tLrc petitioners the adjoining land ouners and possessors and tLrcrebg interfering with their patta lond in Sy.No.1O6 to an ertent of Ac.11.11 guntas situated at Chinnakondur uillage, Choutuppal Mandal, Yadadri-Bhuuanagiri Distict as highlg tllegal, arbitrary, without jurisdiction in uiolation of principles of natural justice and in uiolation of Articles 14, 21 and 3OOA of the Constitution of Indio and consequentlg set aside the surueg report and panchanoma dated O6.O5.2O22 prepared by the 6th respondent and direct ttte respondents not to dispossess/interfere with the ights of the petitioner in respect of their aboue said land....'
2. Considered the submissions of the learned counsel for the respective parties and perused the record
3. It is the case of the petitioners that they are the owners and possessors of land admeasuring Acs. 1 1- I 1 guntas ln Sy.No.1O6 situated at Chinnakondur village, Choutuppal Mandal, Yadadri-Bhuvanagiri District, and the revenue authorities have mutated their narnes in the revenue records 2 and also issued pattadar passbooks and title deeds in their favour, and they are also receiving various incentives lnvestment subsidies salctioned by the Governrnent under various schemes for cultivation of their lands. The grievance of the petitioners is that the land situated in Survr:y No.lO7, which is adjacent to their land, is a Government lald and under the guise of conducting enquiry in the said survey number, the respondents are making efforts to Cispossess them from their subject lands.
4. Learned Assistant Government pleader for Revenue appearing for respondent Nos. I to 6 submitted that in terms of the interim order, dated 21.02.2022 passed by this Court, except conducting enquiry to find out encroachment, if arry by the petitioners into the Government land situated in Survey No' 1o7, the respondents have not interfered with the possession of the petitioners over the subject lands.
5. In 'a"iew of the above and since the responde:nts have conducted surve)' in Sy.No.1O7, which is a Government land and fixed the boundaries, this Court is of the opinion that ends of justice wourd be met if the respondents are directed 3 not to interfere with the patta land of the petitioners admeasuring Acs. 11.11 guntas in Survey No.106 situated at Chinnakondur Village, Choutuppal Mandal, Yadadri- Bhuvanagiri District, in any manner. If the petitioners are found to be in encroachment of the Government lald in Sy.No.1O7, the respondents are at liberty to initiate appropriate action in accordance with law
6. With the above observations this Writ Petition is disposed o[. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. To, //TRUE COPY// SREERAMA MURTHY EPUTY REGISTRAR SECTION OFFICER
1. The Principal Secretary to Govt., Revenue De Secretariat, State Of Telangana, Hyderabad, T. ment Department, 2 3 4 5 6 7 I I The Collector, Yadadri-Bhuvanagiri District. The Revenue Divisional Officer, Choutuppal Mandal, Yadadri-Bhuvanagiri District. The Tahasildar, Choutuppal Mandal, Yadadri-Bhuvanagiri District. The Revenue lnspector, Choutuppal Mandal, Yadadri-Bhuvanagiri District. The Mandal Surveyor, Choutuppal Mandal, Yadadri-Bhuvanagiri District. The Panchayat Secretary, Peddakondur, Choutuppal Mandal, Peddakondur Gram Panchayat, Yadadri-Bhuvanagiri District. The Sarpanch, Peddakondur village, Choutuppal Mandal, Yadadri- Bhuvanagiri District. One CC to SRI P.LAKSHMA REDDY, Advocate. [OPUC] 1 0. Two CCs to GP FOR REVENUE, High Court for the State c'f Telangana [OUT
11.One CC to SRI IvI.RAMGOPAL RAO, SC FOR GPPS. [OP|.JC]
12.Two CD Copies BSK GJPt/ , j r t C { l ]i r j I 1 1'tf- S T4 1tlJtJil M ($( a I \ 1 I I \ \ HIGH COURT DATED:10 10212025 ORDER WP.No.29303 of 2022 DISPOSING OF THE WRIT PETITION ,.o$d t- l4r