N. Govindu v. '1 . The State of Telangana

Petition Under Article 226 oI the 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 of direction, preferably one in the nature of writ of Mandamus and to declare the action of the respondents are interfering in the peaceful possession of the petitioner in patta land an extent of 4c.0.22 gts in Sy. No. 254lAA, situated at Shakhapur (y) village, pebbair (M), wanaparthy District and also taking steps to disposes the said land, the said action of the respondents is as highly illegal, arbitrary, unreasonable, discriminatory and also in violation of Ar1. 14, 16 and 21 of the constitution of lndia and declare the same as bad in law and consequenfly direct the respondents not to interfere in the peaceful possession of the petitioner in patta land an extent of Ac. o.2z gts in sy. No. 254lAA, situated at shakhapur (y) village,Pebbair(M),WanaparthyDistrictandalsonottotakeanystepsto d isposes the said land. |.A.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 No.2 to 4 not to interfere in the peaceful possession of the petitioner in patta land an extent of Ac. 0.22 gts in sy. No. 254lAA, situated at Shakhapur (Y) village, Pebbair (M), Wanaparthy District and also not to take any steps to disposes without following any due process of law, pending disposal of the above writ Petition. Counsel for the Petitioner : SRI C.RAJA SEKHAR REDDY Counsel for the Respondents : SRI L.RAVINDER, AGP FOR REVENUE The Gourt made the following ORDER - THE HONOURABLE Szu JUSTICE K. LAKSHMAN WRIT PETITION No.28007 of 2 025 ORAL ORDER: Heard leamed counsel for the petitioner and Mr.L.Ravinder, leamed Assistant Government pleader for Revenue appearing for the respondents.

2. The petitioner herein claims to be the absolute owner and possessor of the land admeasuring Ac.0-22 guntas in Sy.No. 254lAA, situated at Shakhapur Village, pebbair Mandal, Wanaparthy District. In proolof the salre, he has filed copies of the latest passbook and title deeds. He has filed a suit vide O.S. No. 1 13 of 2024, on the file of the learned principal Junior Civil Judge, Wanaparthy, againsr Sri M. Shyam Sunder Reddy and seven others, seeking perpetual injunction. The leamed trial Court has granted a temporar, injunction. According to the leamed counsel for the petitioner, the said suit is pending, and the temporary injunction is subsisting. There is a standing crop and a shed in the said property. Even then, at the instance of the defendants in the said suit, respondent No.4 is trying to dispossess the pclitioner fiorn the subject propefty without i 2 I following the due process of law. Challenging the said action of respondent No. 4, the present writ petition is filed.

3. Whereas, the leamed Assistant Govenrment Pleadel for Revenue, on instructions, would submit that as per the old passbook of the petitioner, the extent of land in Sy.No. 254lAA, is only Ac.0-20 guntas, whereas in the latest passbook, it is en'oneously mentioned as Ac.0-22 guntas. Tl.re petitioner is in possession of Ac.0-20 guntas of land and is not in possession of Ac.0-22 guntas ln Suruey No. 254lAA. Respondent No. 4 received complaints from the villagers. Thereafter, hc conducted survey and prepared a panchanama on 15.07.2025. However, l'espondent No. 4 will take aotion against the petitioner strictly in accordance with law. On conducting an enquiry, respondent No. 4 will also take necessary steps for corection of the extent of land from Ac.0-22 guntas to Ac.0-20 guntas in Survey No. 254lAA, situated at Shakhapur Village, Pebbair Man dal, Wanaparthy District.

4. In light of the aforesaid discussion, the writ petition is disposed of, directing respondent No. 4 not to dispossess the l}t, - 3 I I petitioner from the subject propefty without foltowing the due procedure laid down under law. However, liberty is granted to respondent No. 4 to conduct survey with regard to the land in Survey No. 254lAA strictly in accordance with law, by putting the petitioner and all interested parties, including the defendants in O.S. No. I 13 of 2024 on notice. The petitioner shall cooperate with respondent No.4 in completing the said survey. On conducting survey, if respondent No.4 comes to the conclusion that the petitioner is in possession of land in excess of his entitlement, liberty is granted to respondent No. 4 to initiate steps for correction of entries in the revenue records, by following the due procedure laid down under law. In the meanwhile, respondent No. 4 is directed to remove the banner erected on the subject property indicating that it is Government land. Liberty is also granted to the petitioner and the defendants in O.S. No. l13 of 2024 to pulsue the said suit, and the leamed Trial Court shall adjudicate the said suit and interlocutory applications, if any, strictly in accordance with law, without being influenced by any findings in this order. There shall be no order as to costs. 4 'l As a sequel, miscellarteous petitions pending, if any, shatl stand closcd. //TRUE COPYII AS SD/. U. SUDHA NT REGISTRAR ECTION OFFICER To 1 2 3 4 5 6 Tha princioar Secretary, Revenue Department, SecretalJt Buildings, State of i"irnorn, at HYderabad - 50oo22' 'i-I." nl.trict Collector, Wanaparthy, Wanapa rthy District i"I io""n,,. Divisional Officer, Wanaparthy District' illl ir,t".J"r Revenue Officer, Pebbair Mandal, Wanaparthy District' i*l cc, t" cp FOR REVENUE, High court for the state of Tetangana at nvderabad. [OUT] ij'"l"cd t" snt c.-neln SEKHAR REDDY, Advocate [oPUC] Two CD CoPies SA PVL * C.C. TODAY o .]" ..i .L, , .,.]., 2 3 sEP 2025 l.-) \,v, N,', HIGH COURT DATED:1710912025 ORDER WP.No.28007 of 2025 DISPOSING OF THE W.P WITHOUT COSTS.