✦ High Court of India · 16 Oct 2025

The High Court · 2025

Case Details High Court of India · 16 Oct 2025
Court
High Court of India
Decided
16 Oct 2025
Length
1,167 words

...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleasedtoissueanorderordirectionmorepa.rticularlyoneinthenatureofWritof Mandamus declaring the action of the respondents in interfering with the possession and enjoyment of the petitioners in respect of the agriculture land in Sy.No. 244, admeasurtng Ac'19-39 guntas and Sy' No' 245' admeasuring I guntas at Girikothapally Village, Madgul Mandal, Ranga Reddy District ^c.14.18 as mentioned in their respective Dharani passbooks vide Khata No. 265, 9, 378, 489 and 490 respectively with sub divisions of Sy. No. 244 and 245, though the above land of the petitioners is not covered by any Kunta and further though the said land is locally known as Thummalakunta Chelka being private patta land of the petitioners, as illegal, unlawful, contrary to law and consequently direct the respondents not to interfere with the possession and enjoyment of the petitioner over their respective extents of the land in Sy. No. 244 and 245 as mentioned in their respective above Dharani Passbooks without following. lA 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 issue interim order directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioners in respect of the agriculture land in Sy.No. 244', admeasuring Ac.19-39 guntas and Sy. No. 245, admeasuring Ac.14.18 guntas at Girikothapally Village, ttladgul Mandal, Ranga Reddy District as mentioned with sub division numbers in the Dharani passbooks of the petitioners vide Khata No. 265, 9, 378, 489 and 490 respectively without following due process of law, pending disposal of main Writ Petition. Counsel for the Petitioners: SRI M.DAMODAR REDDY Counsel for the Respondent Nos.I TO 4: AGP FOR REVENUE Counsel for the Respondent Nos.S TO 7: AGP FOR IRRI & CAD ,' The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITI ON No.31479 of 20125, ORDER This writ petition is filed for the following prayer: lo issue an order or direction more particttlarlg one in the nature of Wfi of Mandamus declaring the action of the respondents in interfeing with the possession and enjogment of the petitioners in respect of the agiculture land in Sg. No.244, ad.measuring Ac.19.39 guntas and Sg. No. 2 4 5, admeasuring Ac. 1 4. 1 I guntas at Girikothapallg Village, Madgul Mqndo.l, Ranga Reddg Distict as mentioned in their respectiue Dltarani passbooks uide Khata No.265, 9, 378, 489 and 490 respectiuelg with sub diuisions of Sg.No.244 and 245 though the aboue land of the petitioners is rrof couered by any Kwta and further tLnugh the said land is locally krtown a.s Thummalakunta Chelka being priuate patta lancl of the petitioners as illegal, unlawful, contrary to lqw and consequentlg direct the respondents not to interfere with the possessron and enjoyment of the petitioner ouer tlrcir respectiue extents of the land in Sg.No.244 and 245 as ntentioned in their respectiue qboue Dharani Passbooks.

2. Heard Sri M.Damodar Reddy, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue and learned Assistant Government Pleader for Irrigation and Command Area Development. Perused the record.

3. Learned counsel for the petitioners would submit that originally the ancestor of the petitioners by name Mantri Ramchander Rao was the pattadar of the land in Sy No.244, admeasuring Ac.19.39 gutnas and Sy.No.245, . .iii.# I 2 '\, admeasuring Ac.14.18 guntas at Girikothapally Village, Madgul Mandal, Ranga Reddy District (herein after referred as "subject land") However, after his death, the said land has been devolved upon his sons and after their sons, the subject land has been mutated in the llames of the petitioners as being grandsons of Ramchander Rao and revenue entries are being made in the names of the petitione:rs by sub dividing the survey numbers 244 and

245. Therefore, the nature of land in Sy.Nos.244 and 245 at Girikothapally village is not covered by the Kunta or water source. It is further submitted that taking advantage of the 4. name of the land in Sy.Nos-244 and 245 as the revenue records, Thummalakunta Chelka in complaints are being filed by the third parties by alleging that the land in Sy.Nos.244 and 245 is covered by Thummzrlakunta Chervu and requested the respondents to protect the said Kunta. Thereafter, the revenue authorities and the: irrigation authorities are trying to evict the petitioners from the subject land without any notice or opportunity to the petitioner. Aggrieved by the same, I l,* 3 petitioner filed the present writ petition and seeks indulgence of this Court.

5. Learned Assistant Government Pleader for Revenue and learned Assistant Government Pleader for lrrigation and Command Area Development seeks to pass appropriate orders.

6. In the light of the said submissions, without making any observations on the merits or demerits of the case, this Court deems it appropriate to direct the respondent authorities to strictly follow the procedure contemplated under law by issuing necessary notice to the petitioners if so warranted and take appropriate action in accordance with law.

7. Accordingly, this writ petition is disposed of. There ,) shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. DEVI SD/.P. ASSIS ANT G sECTloN OFFICER //TRUE coPY'// To \ l.ThePrincipalsecretary,RevenueDepartment,secretariat,Hyderabad,State ,i[:"f S,'*"Ji,?:e,Jh5ffi AS:f.1y"P,HX:"tlff '3?,ef":Hll[XT"oo' 3. The Revenue L 4. The Tahsildar' Madgul Mandal' Ranga Reddy District' District. I

5. The Chief Engineer, lrrigation. Naoarkurnool. 6 ll"-?qqyJy,Fl?cu.1ive Engineer, tirigation, Sub Division No.4, Katwakurthy, . ufitce at Katwakurthy, Nagarkurnool District. 7. The Assistant Flgttrggt,_ltnggtion, {glOul Mandat, Ranga Reddy District. 8. One CC to SRt M.DAMODAR REDDy, Advocate IOpUdl 9. Two CCs to GP FOR REVENUE, High Court for the Stat6 of Telangana, at 10. Two CCs to GP FOR IRRI & CAD, High Court for the State of Telangana, at 11.Two CD Copies Hyderabad. [OUT] Hyderabad. [OUT] PSK. BS N/ I J HIGH COURT DATED:1611012025 \ ORDER WP.No.31479 ot 2025 I I t ( irHr s 14 14: C) Y .., .{ ,) U 2E ilolJ * OC sPAtc rrt-() * (,(\ ?:: C) 5 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1

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