Ganagani Lingamma v. 1- The State of Telangana

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ Order or direction more particulariy one in the nature of Writ of MANDAMUS declaring the action of the respondents more particularly the action of the respondents 2 to 6 in trying to dispossess the petitioner and also causing damage to the agricultural land in an extent of Ac.0.36 guntas situated in Sy.No.234l25l1 ol Mutharam Village, Palakurthy Mandal' Jangaon District without following due process of law as arbitrary, illegal and violative of rights guaranteed under Articles 14, 21 and 300-4 of the Constitution of lndia and consequently direct the respondents 2 to 6 not to dispossess the petitioner's sublect property without following due process of law and also to pay the costs and compensation towards the costs of pre.'{ nt litigation and for damage caused to the subject property. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the c I )umstances stated in the affidavit filed in support of the petition, the High Cot r may be pleased to direct the respondents 2 to 6 not to dispossess the petition: 's agricultural land tn an extent of Ac.0.36 guntas srtuated in Sy.No.23412511 f It{utharam Village, Palakurthy fvlandal, Jangaon District, without following r ue process of law, pending disposal of the above writ petition. Counsel for the Petitioner : SRI VADLAKONDA RAVI KUf\l \R REDDY Counsel for the Respondent Nos. 1 to 5: SRI L. RAVINDEII AGP FOR REVENUE Counsel for the Respondent No. 6: SRI A. CHANDRA SHAt ER, SC FOR NPDCL The Court made the following: ORDER HON'BLE SRIJUSTICE K. LAKSHMAN WRIT PETITION No.27450 OF 2025 ORAL ORDER: lleard learned counsel lor the petitioncr, L. Itavindar, learned Assistant Government Plcadcr lor Revenue appearing on behalf of respondent Nos. I to 4 and Mr. A. Chandra Shaker, leamed Standing Counsel for NPDCI- appearing on bchalf of respondent No.6

2. The petitioner herein is claiming that she is the absolute owner and posscssor o[ the land admeasuring Ac.0.36 guntas tn Survey No.234125ll, situatcd at Mutharam Viltage, Palakurthy Mandal, Jangaon District. ln proof of thc samc, she has tiled copy of latest pattadar passbook-cum-title deed. lhere is standing crop of cotton. In proof of the same, she has filed photographs. Evcn then, respondent Nos.4 to 6 are trying to dispossess thc petil"ioner from the subject property without following due procedure laid down under law

3. Whereas, Mr. A. Chandra Shaker, learned Standing Counsel for NPDCL appearing on behalf of respondent No.6, on instructions, would submit that respondent No.2 has allotted the land for Ac.1.00 guntas ln Survey No.234 of Mutharam Village for the purpose of installation of 33111 KV Substation. Possession was also delivered. 2 KI-,J W.P. No.27150 o1 2025 Panchonama was drawn on 28.07 .2023 . Respondenl \ r.6 will construct sub-station in the said land. Respondenl No.6 never ,r ed to disturb the possession rrf thc petitioner over the subject land i.e.. 'c.0.36 guntas as alleged in the writ affidavit.

4. lhe aloresaid submissions would rer, ,r I that there is identification ofsubject properry is in dispute. 'fhc peri ioner is claiming that she is the orvncr of the land admcasuring Ac.O.3(, ]untas in Survey No.234l25ll of Mulharam Village, whereas respondcnt No.6 is claiming that respondent No.2 has allotted the land to an extcnt ( f Ac.l.00 gLrntas in Sr.irvey No.234 of the very sarne village for fhe purpose of construction of 33ll I KV substation. fheretbre. respt r dent No.3 has to conduct survey again, demarcate the aforesaid land relonging to the petitioner and the land allotted to respondent No.6 irL accordance with law and, thereafter, respondent No.6 can procecd wi.l construction of substation.

5. In the light of the above discussion, thirr ivrit petition is disposed of directing respondent No.j to conduct surve r. demarcate the Iand belonging to the petitioner i.e., Ac.0.36 e I rtas in Survey No.234/25/l of Mutharam Village and the land o ' Ac.l.00 guntas allotted to respondent No.6 for the purpose of constrlrc t on of 33ll I KV 3 KL,J W.P. No.27450 of 2025 substation strictly in accordance lvith law by putting the petitioner and all interestcd pa(ies on notice ancl affording them on notice. He shall complcte the said exercise within thirry- (30) days fiom the date of receipt of copi, of this order. f ill then, both the petitioner and respondent No.6 shall maintain stotus quo with regard to the subject property in all respects. [n the circumstances of the case. there shall he no order as to costs. As a sequcl thcreto, misccllancous peritions, ilany, pending in the writ petition shall stand closed //TRUE COPY// SD/- A. SRINIVASA REDDY ASSISTANT REGISTRAR /a sEcr\dN oFFlcER To,

1. The Principal Secretary Department of Revenue' Dr'B'R'Ambedkar ' i;;;g;;istale secrdtaiiai, tn" st,te of relangana' Hvderabad' z. ine oistrict Collector, Jangaon District, Jangaon' 3. The Tahsildar, Palakurthy tvlandal, Jangaon District' 4. The Revenue lnspector, O/o.Tahsildar, -Palakurthy Mandal' Jangaon District' 5. The Mandal Surveyor,0/o.Tahsildar, Palakurthy lvlandal' Jangaon District' 6. The Assistant Executive Engineer, No.rthern Power Distribution company Ltd " 7. One CC to SRl. VADLAKONDA RAVI KUTUAR REDDY Advocate [OPUC] 8. One CC to SRI A. CHANDRA SHAKER' SC FOR NPDCL g.TwoCCstoGPFoRREVENUE,HighCourtfortheStateofTelangana. iNFDCi),'Pririrttv, Palaku"rlhv Mandal, Jangaon District' '

10.Two CD CoPies PVL GJP A-r=r HIGH COURT DATED:1110912025 ORDER WP.No.27450 of 2025 I I I I I I /.,i R.; 2 t JAN 2O2B 4i;: r r-) (.. \i :-. . - .'i':1 ':=:-:-.2"' DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1b {vo fl'