Janga Chinna Babu v. 1. The State of Telangana

4. The Tahasildar, Chinnambavi Mandal, Wanaparthi district 5. Srinivas, S/o. Not known, aged about 55 years, Occ Deputy Tahsildar, Chinnambavi Mandal, Wanaparthi district

6. Ramulu, S/o. Not known, aged about 40 years, Occ. Revenue lnspector, Chinnambavi Mandal, Wanaparthi District ...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 order or direction more particularly one in the nature of Writ of MANDAMUS By declaring the in action of the respondent no.3 to 4 interfering with the peaceful possession of the petitioner agriculture land in Sy.No. 427lAA3 an extent of Ac.2.10 gts situated at Koppunur village, Chinnambavi Mandal, Wanaparthi district while pending O.S.No. 65512022 on the file of llnd Additional Junior Civil Judge at Wanaparthi against the officiai respondents and without following due process of Iaw and without giving any notice to the petitioner is illegal, violaticn of Principles of natural justice and also violation of Article 14, 19, 21 and 300-A of Constitution of lndia and consequently direct the respondent no.3 and 4 not to interfere with the peaceful possession of the petitioner agriculture land in Sy.No. 427lAA3 an extent of Ac.2.10 gts situated at Koppunur village, Chinnambavi lVtandal, Wanaparthi district until disposal of the civil suit lA NO: 1 OF 2025 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 respondent no.3 & 4 not to interfere with the peaceful possession of the petitioner agrir:ulture land in Sy.No. 427lAA3 an extent of Ac.2.10 gts situated at Koppunur village, Chinnambavi Mandal, Wanaparthi District, until disposal of the civil suit Gounsel for thre Petitioner : SRI MOGILI ANAVENI Gounsel for the Respondent Nos. 1 to 4: AGP FOR REVENUE Counsel for thre Respondent Nos. 5 & 6 : ----- The Court made the following: ORDER /1 '(. 1 ORDER THE HON'BLE SRI JUSTICE E.V.VENUGOPAL UIRIT PETITION 1O8 of 2O2S This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relieft "...pleased to issue an order or direction rtore partianlarlg one in the nature of Writ of MANDAMUS bg declaring the in action of tlrc respondent nos.3 to 4 interfering with the peaceful possessfon of tle petitioner agriatlture land in SA.No.427/AA3 an ertent of Acs.2.10 gts, sifitated at Koppunur uillage, Chinnambaui Mand.al, Wanaparthi district uhile pending O.S./Vo.655/2O22 on the file of II Additional Junior Ciuil Judge at Wanaparthi against the offtcial respondents and uitlrout following due proess o/ law and. without giuirry ang notie to tle petitioner is illegal uiolation of Principles of natural justte and also uiolation of Article 74, 19, 21 and 3OOA of Constittttion of India and consequentlg direct the respondent 1Vos.3 and 4 not to interfere with tle peaecful possession of he petitioner agrianlhtre land in Sy.No.427/AA3 an ertent of Acs.2.7O gts, sifiiated at Koppunur uillage, Chinnambaui Manda\ Wanapafthi distnct until disposal of the ciuil suit and pass...'

2. Heard learned counsel appearing for the petitioner and learned Assistant Government Pleader for Revenue, for respbndent Nos.l to 4 and perused the record. Page2 of 6

3. Learned counsel appearing for the petitioner would submit that the petitioner herein is the absolute owner and possess()r of the land to an extent of Acs.2.Lo guntas in Sy.No.4127 /aa3, situated at Koppunur Village, chinnambavi Mandal, wanaparthy District. The subject propert5r is an ancestrerl propert5r. while t]re matter stood, the viltagers colluded with each other and approached the petitioner in the year 2o2o to sell his agricultural land for the purpose of developrnent of venttrre. when the petitioner denied the sarne, the villagers developed grudge against the petitioner and imprlicated him in a false murder case on the fite of police weepangandla wherein he was convicted by the court for thre,: years punishment. As per the judgment, the petitioner is in Jail upto 1990.

4. After releasing on bail, the petitioner is unable to enter into the village due to fear and resided at various places for livelihoorl along \Mith his family. In the year 2or2, when he entered into the village, to his utter surprise he found public buildingr; i.e., Veterinar5r Hospitat, pHC centre, water Tank i t f I : \ a' (, Page 3 of6 and Oil Seed Storage building in his agricultural land. When the petitioner enquired about the same in the village, none Ernswered about tJle said buildings. Thereafter, the Government of Telanga.na ionducted Samagra Survey of Land in the State and issued new digital pattedar passbook to the petitioner uideKatha No.665, but without informing to the petitioner and without paying any compensation has constructed the said public buildings.

5. Aggrieved by the said action, the petitioner filed a civil Suit uide O.S.No.188 of 2O2l before the learned Junior Civil Judge, Kollapur and the salne was transferred to learned II Additional Junior Civit Judge at Wanaparthy and renumbered as O.S.No.655 of 2022 for declaration of title suit, against the concerned revenue authorities. The learned Court has passed. the ord.er in I.A.No.42 of 2025 by appointing the Advocate Commissioner for survey d.emarcation and fixing of boundaries, accordingly tlle Advocate Commissioner issued notices on 19.O7 .2025 to the District Collector, Wanaparthy, RDO, Tahsildar, Mandal : Page 4 of6 surveyor chinnambavi, Joint Director of Animal Husbandry wanaparthy, The Panchayat secretar5r Gram Sachivalayam Koppunoor, The District Medical and Health oflice DMHO Wanaparthy, the Doctor primary Health Centre weepangandla. Accordingly in the presence of Additional Governrnent Pleader wanaparthy, petitioner and surrounding farmers, the Advocate Commissioner conducted the survey demarcation on Lg.o7 .2o2s, and the survey report is awaiting.

6. To the petitioner's sudden surprise on 2s.oz.2o2s one of the villager announced by the Tappeda illegally in the village s;tating that respondent No.4 and arong with sl chinnanrbavi coming to the village koppunur to decide the said sctredule propert5r uid.e sy.No.42z / aa3. Respondent No.4 aftrng with sI chinnambavi carne to the subject property without grving notice to the petitioner and without any cou::t permission and created law and order problems in the villag;e during the pendency of the civit suit. Respondent Nos.S a:rd 6 also threatened the petitioner that if the Page 5 of6 petitioner did not withdraw the said suit, they will pressure on the Advocate commissioner to give report in their favour and also implicate him in false pending cases in the village. Hence, tJle present writ petition. I t \ \

7. Iearned Assistant Government pleader for Revenue would submit t]'at a civil Suit is pending before the competent civil court. The petitioner without waiting the report of t]:e Advocate commissioner, has rushed to this court at a premature stage. upon receipt of the said report, the competent civil suit wilt pass orders in accorda.nce with law. Hence, seeks to dismiss the present writ petition.

8. In the hght of the aforesaid facts and circumstances of the case and upon perusing the material available on record, this court does not see €rny merit or ground. to entertain the present writ petition. Accordingly, this writ petition is dismissed granting liberty to the petitioner to approach the competent civil court, which alone will decide these aspects by conducting thorough examination. There shall be no orders as to costs. i Irr Page 6 of6 f As a sequel, miscellaneous petitions, if any, pending, shall stend dismissed. SD/. M.OSMAN ALt BAIG ASSISTANT REGISTRAR //TRUE COPY'/ TION OFFICER \s To,

1. One CC to SRI MOGtLt ANAVEN|, Advocate tOpUCI 2. Two ccs to GP FoR REVENUE, High court for the state of rerangana. Iourl

3. Two CD Copies PVL PSK P"tC. HIGH COURT DATED:1011012025 ! \ \ ORDER f TAoc ( o(, t I I 2 ? [t8 2t116 WP.No.22108 of 2025 I)AT i I I i DISMISSING THE WRIT PETITION WTHOUI'COSTS :-ol >^r4