The High Court · 2025

1. The State of Telangana, Rep by its principal Secretary, Revenue Department 2. The District Collector, Adilabad, Adilabad District. 3. The Revenue Divisional Officer, Adilabad Division, Adilabad District. 4. The Tahsildar, Mavala Mandal, Adilabad District. 5. M/s sri vaishnovi Developers, represented bv its Manaqino partner Raieev l-qTar.tv!t!a!-.q/o Raghunath Mittai, Aged abodt 50 yearsJOEc. etisiness;'Ry6 H. No. 4-6-346/1, Bhuktapur, Adilabad -Town. Adilabac Disirict. ...RESPONDENTS Petition under Article 226 ot the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the Hfoh court may be pleased to issue an appropriate writ, order or Direction, more particularly one in the nature of writ of Mandamus, to declare the action of the respondents in attempting to dispossess from his respective land bearing its sy.No. 1g1/22 (181i7 old), to an extent of Ac. 2-30 gts, situated at Mavala village and Mandal, Adilabad Distiict, at the instigation oi Respondent No.5, without issuing any notice and without following the procedure contemplated under the Law, as being illegal, arbitrary, unjust and violative of Article 21 and 300-A of the constitution of lndia and consequently direct the respondents authorities to not to take any coercive steps without following the due process of Law lA NO: 1 OF 2025 Petitic'n under Section 151 CPC praying that in the circumstances stated in the affidarrit filed in support of the petition, the High Court may be pleased to direct the respondent authorities not to dispossess or in any manner interfere with the peat;eful possession and enjoyment of the petitioner in respect of land in Sy-No. 18112'.2 (18117 otd), to'an extent of Ac. 2-30 gts, situated at Mavala Village and [Vlandal, Adilabad District, pending disposal of the main writ petition counsel for the Petitioner: sRl. GAJANAND CHAKRAVARTHI counsel for the Respondent Nos. 1to4: sRI L. RAVINDER, AGp FoR REVENUE counselfor the Respondent No.5: M/s. vEDULA CHITRALEKHA The Court made the following: ORDER THE HON'BLE SRI JUSTICE E.V.VENUGOPAL No. 2\m ORDER: The present writ petition is Iiled by the petitioner under Article 226 of the Constitution of India for the following relief : "...to issue an appropriate writ, order or direction, more particularly one in the nature of writ of mandalntls, to declare the action of the respondents in attempting to dispossess the petitioner from hislespective land bearing Sy.No.l$ll22 (l8ll7 bta;, to an extent of Ac.2-30 Gts., situated at Mavata Village and Mandal, Adilabad District, at the instigation of respondent No'S, without issuing any notice and without following the procedure contemplated under Law, as being illegal, arbitrary, unjust and violative of Article 2l and,3oo-A of the constitution of India and consequently direct the respondents authorities to not to take any coercive steps without following the due process of law....."

2. Heard Sri Gajanand Chakravarthi, learned counsel for the petitioner, Mrs.Vedula Chitralekha, learned counsel for the respondent No.5 and Sri L.Ravinder, learned Assistant Government Pleader appearing on behalf of learned Government Pleader for Revenue Sri K.Muralidhar ReddY.

3. The learned counsel for the petitioner submits that the petitioner is the absolute owner and lawful possessor of the land bearing survey No.18Ll22 (l8ll7 Old), measuring 2 acres and 30 guntas, situated at Mavala Village and Mandal, Adilabad District, having acquired the same through a registered sale deed document I I i i; Page 2 of4 No.31 1 of 1980 and duly recorded in the Revenue Records. The petiti.ner has been in peacefur possession thereof without anv rnternrption. It is respectfully submitted that respondent No.5, pursu:.ng vested interests, has attempted to encroach upon the petitio:eer's rand under the pretext of layout proceedings over adjacent lands. The official respondents, acting at the instance of respondent No'S, visited the petitioner's land on 11.og.2025 and threatened dispossession, despite the petitioner producing all relevant documents establishing his lawful title and possession. (a) The actions of the respondents are arbitrary, illegal and in violatiorL of Articles 21 and 300-4 of the constitution of India, as they have been undertaken without notice, enquiry or adherence to the procedu'e prescribed under law. The petitioner apprehends that in the absence of directions from this court, the respondents may proceed with coercive steps, thereby causing irreparable loss, mental harassmt:nt, and deprivation of livelihood. t 4' Learned counsel for the 5*, respondent, reiterating the avermentr; made in the counter, submits that the ailegations in the present vrrit petition are wholly baseless and without merit. The petitioner claims that the Sth respondent has encroached upon his rand in survey No.18l/22 (old sy.No.rgl/7), measurin g 2 acres and 30 guntas' situated at Mavala village and Mandal, Ad,abad District, under l -l I I Page 3 of4 the pretext of implementing layout permissions over adjacent lands. The Sft respondent states that no such encroachment or interference has occurred, it is implementing the layout only on its own land and has not influenced the authorities in any manner. The claims regarding officials visiting the petitioner on 1I.O9.2025 and threatening dispossession at the behest of the 5e respondent are entirely false. The writ petition appears to be based on conjecture or ulterior motives and there is no cause of action for the same. Accordingly, the learned counsel for the 5th respondent submits that the petition is liable to be dismissed in its entirety.

5. The learned Assistant Government Pleader, representing learned Government Pleader for Revenue, submits that the petitioner's allegations are baseless and speculative, no illegal dispossession or influence has occurred, the authorities have acted lawfully in accordance with records and procedure and therefore there is no cause of action for the writ petition.

6. Upon hearing rival contentions advanced on either side and perusal of the material available on record, it is obsei'ved that the petitioner claims ownership and possession of land bearing survey No.18ll22 (Old Sy.No. L8Ll7l, Mavala Village and Mandal, Adilabad District, while the respondents contend that the allegations are baseless and no coercive action has been taken. In view of the \ I\ Page 4 of4 -t submissions, the writ petition is disposed of with directions to the official respondents to strictly follow the procedure prescribed under law be:fore taking any action. If, upon verification, the petitioner is found t-o be in lawful possession of private land, no coercive action shall be takr:n and if any portion of the land is Government property or not lawfullS' possessed, the respondents may take necessary action in accordance with law, after giving due notice and foflowing due process. It is clai:ified that this court has made no observations on the merits or demerits of the case. 7 Accordingly, with the above directions, the writ petition is disposed of. No costs.

8. As a sequel, the miscellaneous petitions pending, if any, shall stand closed SD/.AHMED ABDULLAH KHAN REGISTRAR //TRUE COPY// OFFICER To,

1. 2. 3. 4. 5. 6.

7. 8. The Prinr:ipal Secretary, Revenue Department Secretariat, Hyderabad. The District Collector, Adilabad, Adilabad District. The Revenue Divisional Officer, Adilabad Division, Adilabad District. The Tahs;ildar, Mavala l/andal, Adilabad District. One CC to SRl. GAJANAND CHAKRAVARTHT, Advocate [OPUC] Two cc:; to GP FoR REVENUE ,High court for the siate of'Telangana One CC to Ms. VEDULA CHITRALEKHA, Advocate tOpUCl Two CD Oopies o B M BS *.*.ql*..*+- HIGH GOURT DATED i2011112025 1: :: ORDER WP.No.30733 of 2025 J DISPOSING OF THE WRIT PETITION WITHOUTCOSTS ,J)L