High Court · 2025

Petition under Section 15'1 CPC praying that in the circumstances stated in the affida'irit filed in support of the petition, the High Court may be pleased direct the Respondent Nos. 3 and 4 not to interfere with the subject matter of the land of the petitioners and to immediately restore the boundary stones to their original (previous) position which were removed highhandedly by respondent Nos.3 and 4 at the instigation of 5th respondent who is politically influential and wealthy personality pending disposal of the Writ Petition. pending disposal of the above writ petition. 1A 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 respondents to 3 to 5 not to interfere with the subject matter of the lands of these petitioners pending disposal of the writ petition. Counsel for the Petitioner: SRI KOTHACHERUVU RAMESH BABU Counsel forthe Respondent Nos.1 TO 4: Gp FOR REVENUE Counsel forthe Respondent No.5: SRI PRAMOD MALIGI The Court made the following: ORDER j I I j l I I THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY VTRIT PETI TION No.25618 of 2o23 ORDER: This writ petition has. been filed seeking to declare the action of respondent Nos.3 and 4 in forcibly trespassing into the agricultural iand of the petitioners bearing Survey No 76/EE (761 6d) to an extent of Ac.7.30 gnntas situated at Appak paliy Village, Narayanpet Mandal and District, causing damage to the standing crop and illegaliy changing the boundaries with the connivance of respondent No.5 as illegal and arbitrary and for other appropriate reliefs. The petitioners claim to be the o!,vners and possessors of agricultural land admeasuring Ac.7.30 guntas situated in Survey No.76lEE (7616d) at Appak Pa1ly Viliafge Narayanpet Mandal and District having acquired the same under a registered gift deed dated 25.O5.2012 executed by their grandfather. It is stated that names of the petitioners have been recorded in the revenue records and pattadar pass books have also been issued in their favour. The grievance of the petitioners is that despite the same, at the instance of respondent No.5, who is not having any right or title over the subject land, the Revenue Divisional Oflicer and the Tahsildar, 2 Narayanper Mandal and District i.e., respondent Nos.3 and 4 herein are not only frequently interfering with their pc,ssession over the sub.ject land but they are also making efforts to illegally trgspass into the same and cause damage to the exist.ing crop thereon u,ithout following due process of law. Learned counsel appearing for responderLt No.5 vehemently contended that when there are disputes with regard to possessior-r and enjoyment of the subject land, alleging that the father of the petitioners herein is interfering r^rith his property, rr:spondent No.5 instituted a suit vide O.S.No.215 of 2023 on thc lile of learned Principal Junior Civil Judge at Narayanpet along with I.A.No.668 ol 2023 seeking to grant temporan. injunction and the Court below dismissed the said LA against rn.hich respondent No.5 herein preferred appeal vide CMA.No.O5 of 2024 on the file of the learned Principal District Judge, Narayanpet, wherein temporary injunction has been granted in favour of respondent No.S; and as such the present writ petition as filed by the petitioner is not maintainable. Learned counsel for the petitioner submits that pending adjudication of the present writ petition, suppressrng -,he sard fact, respondent No.5 fi1ed O.S,No.215 of 2013 without even impleading the petitioners herein, who are the absolute owners i I \ \ 3 --*-l and possessors of the subject property, and as such any orders granted in the appeal hled against the orders passed in the suit' are not binding on the petitioners herein. l,earned counsel taking advantage of the temporary firrther contended that injunction granted against the petitioners' father, respondent No.S in collusion with respondent No'3 and 4 is high handedly trespassing into the subject land and causing damage to the exisl ing crop thereon. Considered the submissions of the learned counsel for the respective parties and perused the record' Admittedly, the names of the petitioners have been mutated in the revenue records, pattadar pass books have also been issued in their favour and they are in possession of the subject land. Since it is evident that the petitioners are not impleaded as party respondents/defendants in the suit/appeal hled by respondent No.5, any order/judgment passed therein is not binding on the petitioners herein' If respondent No'5 is having any grievance against the petitioners with regard to interference with the possession and enjoyment of the subject land, he is at liberty to take appropriate steps against the - petitioners, in accordance with law' t I 4 It is settled law that the revenue authorrties, are not conferred with any power to interfere into the cii,il disputes in any manner, excepl maintaining/ regulating the revenue records. In view of the same, the writ petition is disposed of, directing respondent Nos.3 and 4 not to interfere with the subject lar-rd of the petitioners in any manner. If the Government has any claim over the sirbject land of the petitioners, necessary steps shall be taken by dul1, following the procedure prescribed under law. It is made clear lhat the pending civil cases, if any, instrtuted by either of thc: parties shall be decided uninfluenced by any observations made by this Court in this u,ril petition. Pending miscellaneous applications, if any, shall stand closed. Therr: shali be no order as to costs. To \ //rRUE coPYtt ASS''?o1NT?tB',!'J[1'* 'n\ l,.--: uSEtTroN oFFtcER 1 2 5 4 5 o

7. o. The Principal Secretary, Revenue Department, Government of Telangana, Secretariat Buildinqs, Hyderabad. Ttre District Collectbr, Office of the District Collector, Narayanpet District. (r.s.) The Revenue Divisional Officer, Narayanpet Mandal and District. The Tahsildhar, Narayanpet Mandal dnd bistrict. One CC to SRI KOTHACHE_RUWU RAMESH BABU, Advocate [OpUC] Two CCs to GP FOR REVENUE, High Court for the'Stite oiielingini, at Hyderabad, [OUT] One CC to SRI PRAMOD MALtct, Advocate tOpUCl Two CD Copies PSK.ut$ t- HIGH COURT DATE D: 1 210212025 ORDER WP.No.25618 of 2023 1!\ t: I:, TAT€ o ,,t --l :., ? 0 rrB 2025 ,,., {, \ '_ iriir _o v A' * DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,.r cori4 0v- \ w-