The High Court · 2025
Case Details
Acts & Sections
1. Neerati Padma, Wo.Anjaiah aged about 59 years, R/o. H. No. 1 B-B-2541 1 I N50l A, Rakshapuram, Hyderabad. 2. Neerati Dinakar, S/oAnjaiah aged about 39 years, R/o. H. No 1 B-B-2541 1 I N50l A. Rakshapuram, Hyderabad. 3 Neerati Srinivas, S/o.Yadaiah aged about 43 years, R/o.H.No.2-87, Narkhoda Village, Shamshabad Mandal, Distrrct. AND Occ.Agricultu re, Occ.Ag ricu lture, Occ.Ag ricu lture, Ranga Reddy ...PETITIONERS
1. State of Telangana, rep. by its Principal Secretary Revenue Department, Secretariat, Hyderabad.
2. The District Collector, Ranga Reddy District. 3. The Tahsildar, Shamshabad [t4andal, Ranga Reddy District. 4. The Station House Officer, Shamshabad Police Station, Cyberabad, R. R. District. Petition under Article 226 of the Constitution of tndia orri,ffT:lt?"tl;: circumstances stated in the affidavit filed therewith, tne liigh Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of mandamus declaring the action of the respondents and their subordinates in interfering with peaceful possession and enjoyment of the- petitioners by preventing them from doing agricultural operations over land admeasuring Ac.'1- '1 9 Gts., under Sy.No.240lEE1 and Sy.No.241lAAl belongs to 1st petitioner, tand admeasuring Ac.1-'19 Gts., under Sy.No.240lEE3 and Sy.No.241lAA2 belongs to 2nd petitioner and land admeasuring Ac.1-00 Gts., under Sy.No.241lEEl112 belongs to 3rd petitioner, all are situated at Chowdaryguda Village, Shamshabad Mandal, Ranga Reddy District, without following due procedure contemplated under law, as illegal, arbitrary, unjust, u n constitution al, violation of principles of natural justice and also in violation of Articles 14.21 and 300-4 of the Constitution of lndia, and consequently direct the respondents and their subordinates not to interfere with peacefur possession and enjoyment of the petltioners includrng their agrrculturar operations over the subject rands, without following the procedure as contemplated under law lA NO: 1 oF 2025 Petition under Section 151 CpC praying th the affidavit filed in support of the petition. the direct the respondents herein and their subordina possesston and enjoyment of the petitioners inc over different extents of their land adm Sy.No.240lEEl and Sy.No.2 41lAA1 betongs to Ac.'l-19 Gts., under Sy No.240lEE3 and and land admeasuring Ac_ 1-00 Gts., u petitioner, all are situated at Chowdarygu Reddy District without following the p pending disposa I of the writ petition Counsel for the petitioner: at in the circumstances stated in High Court may be pleased to tes not to interfere with peaceful luding their agricultura I operations easuring Ac. 1_1g Gts., under 'I st petitioner. land admeasurrng Sy.No 241lAA2 betongs to 2nd petitioner nder Sy No.24 1lEEl1/2 belongs to 3rd da Village, Shamshabad Mandal, Ranga rocedure as contemplated under law, SRI MOHD MOtN AHMED QUADRI Counsel for Respondent Nos. 1 to 3: SRI L. RAVINDER AGP FOR REVENUE Counsel for Respondent No. 4: SRI N. SRIDHAR, AGP FOR HOME The Court made the following: ORDER e&-" THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.26L74 0F 2025 ORAL ORDER: Heard learned counsel for the petitioners' Mr. L. Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondent Nos'1 to 3 and Mr.N.Sridhar, iearned Assistant Government for Home appearing for resPondent No'4
2. The Petitioners herein are claiming that they are the absolute owners and possessors of land admeasuring Ac.1-19 gts in Sv.No '24OlE'Al & Sy'No 241/AA1' Ac'1-19 gts in Sy.No -24Ol}tr'3 & Sy'No 241 lAA2 and' Ac'1-00 gts in Sy.No.24l/EEl1l2, respectively' situated at Chowclaryguda Village, Shamshabad Mandal' Ranga Reddy District. In proof of the same, they have filed copies of the latest pattadar passbooks and title deeds' The-v are in possession of the subject property' Even then' respondent No.3 is interferi[g with the possession of the petitioners over the subject propertl' and preventing them from carrying out agricultural operations' urithout following due procedure laid dou'n uncler lau'' They h ave also t 2 .'- demolished the compound rvall and in proof of the same, they have filed photographs. Challenging the said action of the 3.d respondent, the pctitioner.s filed rhe prescnt urrit petition.
3. Whereas, learned Assistant Government pleader for Revenue, on instructions rn,ould submit that the subject property is in water body and petitioners have obtained latest pattadar passbooks and title deeds by misrepresenting the facts. The petitioners have constructed the compound ,,vall r,r,ithout obLaining prior permission from the competcnt authoritv. Holr.-evcr, the 3..r rcspondent vuill takc action against the pctitioncrs by following due procedure laid dor,r,n ur-rder lan,.
4. In thc tight of the said submission, this \i/rit petition is disposed of directi,g the 3r(r respo,dent'rot to interfere r,vith the possession of the petitioners, over the subject property, r.l.rthout follorving due procedure laid cloq,n under law. Flowever, this order rvill rrot preclude the Jrrt respondent in taking any actior-r against the petitioners on the ground that the subject body is in rvater bodv and tl-re petitioners constructed compouncl rvall rrvithout obtaining 3 permission from the compctent authority. Further, the petitioners shall not proceed with the construction of the cornpottnd wall rn ithout obtaining prior permission from the competent authorit-1r, failing rn'hich the 3'r responden t or panchayat secretarv Chor,,'clary gr-tda Grampanc hayltt are at liberty to take action against the petitioners. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed //TRUE COPYII SD/-MOHD. ISMAIL EPUTY REGISTRAR SECTION OFFICER To, I 2 3
4. t 6 7. MBC BS The District Collector, Ranga Reddy District The Tahsildar, Shamshabad Mandal, Ranga Reddy District. The Station House Officer. Shamshabad Police Station,,Cyberabad, R.R.District. One CC to Sri Mohd Moin Ahmed Quadri Advocate [OPUC] Two CCs to GP For Revenue ,High Court for the State of T6langana. [OUT] Two CCs to GP For Home,High Court for the State of Telangana. 1OU1 Two CD Copies W HIGH COURT DATED: OZtOgt2OZs H E l4 16: ',1 ) ,,1 -n i i 15 sEP 2E ').t(-Hf \' + _ \l c a/ ORDER WP.No.261t4 of zOZs t 3 a DISPOSING OF THE WRIT PETITION WTHOUT COSTS \1 ,L \