The High Court · 2025
Case Details
Acts & Sections
1. Kanakamamidi Vishnrr.. S/o.. Bikshapathi aged about 38 years, Occ H No + sz, Nr,,kh;dT?lii;d:S;,,,habad r\randar, Ranga 2 Mamidi Prashanth. S/o Ramulu aged about 38 years Occ Agriculture, R/o. H No. 2- 46, Narkhoda vi,ase, ShaHshr;;; ti,;;d;; Ransa Reddv District 3 Sunkoju Sadquna sro s"uresrr is";;;;i;:; ;;rrs, occ Asricutture. R/o H No 'r6. 11-741t1otAtA, tv;;;r.;;,;"d;, il;ia"kfii Hyderabad AND -.PETITIONERS 3:Xi""ij..I?llir%T,?o}S, , 2 The _District CoilecioiRanga Reddv District. 3 The Ta h si td a r, sh ams h a ba'J rrrt",iJ,j r,"n"r'ilg I Red d y D istrict. 4 Therstation House officer. SnrrJr,ror'i'prii."3l;tion, Cyberabad, R R. by its principar secretary Revenue Department, Petition under Articte 226 of the Constitution of tndia or"r;ffil:i",;t};: crrcumstances stated in the affidavit fired therewith, *re Aign court may be pleased to issue a writ, order or direction more particurarry one in the nature of writ of mandamus declaring the action of the respondents and their subordinates in interfeang with'peacefur possession and enjoyment of the petitioners by preventing them from doing agricultural operations over land admeasuring Ac. 1_ 00 Gts , under sy No- 24ltErl berongs to '1st petitioner, rand admeasuring Ac. 0- 13 Gts , under Sy. No. .2411AA112 belongs to 2nd petitioner and tand admeasuring Ac. 5- 00 Gts. , under Sy. No. 240/A/Z,24O,AA1 ,24OtEt1,24O/EE2 and 240/ur1r1l1 berongs to 3rd petitioner, a, are situated at chowdaryguda village, shamshabad tvrandar, Ranga Reddy District, without foilowing due procedure contemprated under raw, as iregar, arbitrary, unjust, unconstitutiona r, violation of principres of naturar justice and arso in vioration of Articres 14,21 and 300- A of the constitution of rndia, and consequenry direct the respondents and their subordinates not to interfere with peacefur possession and enjoyment of the a I 7 petitioners including their agricurturar operations over the subject rands, without following the procedure as contemplated under law IANO:1OF2 025 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents herein and their subordinates not to interfere with peacefur possession and enjoyment of the petitioners incruding their agricurturar operations over rand admeasuring Ac. '1- 00 Gts. , under sy. No. 241rEr1 berongs to 1st petitioner, rand admeasuring Ac. 0- 13 Gts. , under sy. No 241rAA1/2 berongs to 2nd petitioner and rand admeasuring Ac.5- 00 Gts. , under Sy. No. 24orAt2, 240rAA1 240rEr1. 24orEE2 and 24OrUr1t1l1 berongs to 3rd petitioner, a, are situated at chowdaryguda Viilage, shamshabad ,Vrandar, Ranga District, without following the procedure as contemprated under raw, pending disposar of the writ petition Counsel for the petitioner: SRt MOHD MO|N AHMED eUADRt 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 a THE HONOURABLE SRI JUSTICE K. LAI(SHMAN WRIT PETITION No.26185 OF 2025 ORAL ORDER: Heard learned counsel for the petitioners, Mr.L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondent Nos.l to 3 and Mr.N.Sridhar, learned 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. 1-00 gts in Sy.No.2al/E/1, Ac-O-13 gts in Sy.No.241lAAI/2 anld Ac.5-00 gts in Sy.Nos.240lA/2, 24OlAAl, 24O/811., 24OlEE2 & 24\OlU/1/t/t respectively, situated at Chowdaryguda' Village, Shamshabad Mandal, Ranga Reddy District. In proof of the same, they have filed copies of the latest pattadar passbooks and title deeds. They are in possession of the subject property. Even then, respondent No.3 is interfering rvith the possession of the petitioners over the subject property and preventing them from carrying out agricultural operations, without foilowing due procedure 2 laid down under law. They have also demolished the compound wall and in proof of the same, they have filed photographs. Challenging the said action of the 3.d respondent, the petitioners filed the present writ petition.
3. Whercas, learned Assistant Government pleader for Revenur:. on instructions would submit that the subject propertlr is in rvater body and petitioners have obtained Iatest pattadar passbooks and title deeds by misrepresenting the facts. The petitioners have constructed the compound waIl without obtaining prior permission front the competent authority. However, the 3.a respondent will take action against th6 petitioners by following due procedure laid clown under law. t 4 In the light of the said submission, this Writ petition is disposed of directing the 3.a respondent not to interfere with the possession of the petitioners, over the subject properfy, nithout lollowing due procedure laid down under law. Horvever, this order will not preclude the 3.d respondent in taking any action against the petitioners on the ground that the subject body is in water body and the petitioners constructed compound wall without obtaining 3 permission from the competent authority' Further' the petitioners shall not proceed with the construction of the compound wall without obtaining prior permission from the competent authority, failing which the 3'd respondent or panchayat secretary-chowdaryguda grampanchayat 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, District.
1. The District Collector. Ranga Reddv District. z. lhe Iahsrldar. Shamshabad MandSl, Ranqa Reddv Districr 3 The Station House officer. shamshabad iJi.JsiJil"i.,ib"l6erabad, R R 1 9n" CC to Sri Mohd Moin Ahmed euadri Advocate tOpUCl ! f*o ccs to Gp For Revenue ,High court roi thu stite of t'eranoana. IoUTI 6 Two ccs ro Gp For Home,High c-ourt iorirrl strt" ;i.i;;;;;;"j6iJii" " 7 Two CD Copies "l) fVIB BS \nA -- t L.," HIGH COURT DATED: 02t09t2LZs 15 SEP 2025 \' . ) T'A1C '1Eo ORDER WP.No.26185 of 2OZs DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ \