✦ Telangana High Court

Md. Qayyum v. The State of Telangana

E V VENUGOPAI4 min read

Case at a glance

Bench
E V VENUGOPAI

Provisions considered

Key paragraphs

  • Para 66. Granting liberty to tl:.e petitioner, as directed, this writ petition is dismissed. There shall be no order as to costs. As a sequel thereto miscellaneous applications, if any pending, in this petition, shall stand closed. T. SRINIVASA REDDY AT.IT REGISTRAR /TTRUE COPY" SECTION OFFIGER…

Judgment

Cause title

Petition under Article 226 of 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 or direction more particularly one in the nature of Writ of ' Mandamus', declaring the action of 4h and Sft respondents for forcible diSpossessiori in respect of the agriculture land fdr an extent of Ac.00.05 Gunts in Sy. No. 840, situated at Polasa Village, Jagityal Mandal and District is unreasonable, illegal, arbitrary and violation of the Article 14, 19,21 and 300A of the Constitution of lndia and consequently direct the respondents not to dispossess with the petitioner peaceful possession and enjoyment of agriculture land for an extent of Ac.00.05 Gunts in Sy. No. 840, situated at Polasa Village, Jagityal Mandal and District. lA NO: 1 tf,F 2025 Pel:ition under Section 151 CPC praying that in the circumstances stated in the affida, rit filed in support of the petition, the High Court may be pleased to direct the Respondents not to interfere with the petitioner peaceful possession and enjoyment of the agriculture land for an extent of Ac.00.05 Gunts in Sy. No. 840, situated at Polasa Village, Jagityal Mandal and District pending disposal of the writ petition. Counsel for the Petitioner: SRI VENKAT REDDY KODUMURY Counsel for the Respondents No.l to 4: SRI L. RAVINDER, AGP FOR REVENUE Counsel for the Respondent No.S: - The Gourt made the following: ORDER I i : ; : ; ; : t . : I I I l I i I I THE HONOURABLE SRI JUSTICE E.V.VENUGOPAI, ) IITRIT PEIITION 0.34163 of 2025

ORDER:

Aggrieved by the action of respondent Nos.4 and 5 for forcible dispossession in respect of the agricultural land for an extent of , Ac.0o-05 guntas in survey No.840, situated at Polasa Village, Jagtiat Mandal and District, the present writ petition is filed. A consequential prayer is sought to direct respondents not to dispossess with the petitioner's peaceful possession and enjo5rment of the aforesaid agricultural [and.

2.

Heard learned counsel for the petitioner and Mr. L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.l to 3.

3.

Learned counsel for the petitioner submitted that the petitioner is the absolute owner and possessor of the agriculhrral land admeasuring Ac.o-lo guntas in Survey No.840, sihrated at Polasa Village, Jagtiat Mandal and District (hereinafter referred as "subject propert5/) which was purchased from one Podeti Rqiawa, W/o. Rajalingam under a registered sale deed. Out of Ac.0-1O guntas, the petitioner sold an extent of Ac.O-OS guntas to some third parties under a registered. document and kept the remaining extent of land of Ac.O- O5 guntas in his possession. It is further, earlier, the subject property EQ 2 was purch€rsed by his vendor from the. father of respondent No.S and after death of his vendor's father, the vendor's name is recorded in Jamabandi uid.e R.S.D.No.314 llL}SO, dated 18.08. 1980. Subsequently, the said property was purchased by him under a registered sale deed and was in possession till date. Subsequenfly, under the :influence of respondent No.5, the revenue authorities are trying to dispossess the petitioner from his possession. It is further submitted that on enqurry, the petitioner carne to know that respondent No.S filed an application before respondent No.3 for seeking can cellation and rectification of wrong entry of proceedings of respondent No.4 rade proceedings No.B/799/2OO3, dated NIL, BllLl2ooT, dated 15.03.2OO7 and B/2O712OO9, dated NIL.Os.2OO9 and the revenue authorities without following due procedure, allowed the application of respondent No.S on L4.O7.2O17 on the report submitted try respondent No.4, without assigning any reason. It is further subrnitted that all of a sudden the respondent No.4 authorities along with :respondent No.5 came to the petitioner's possession and tried to dispossess him. I€ft with no other option, the petitioner approached this Court seeks appropriate directions to official respondents not to dispossess him.

4.

On thr: other hand, learned Assistant Government Pleader for Revenue appearing for respondent Nos. 1 to 4, opposing the submissions of petitioner's counsel, submitted that the relief sought 3 by the petitioner involves questions of title and possession over the agricultural land in Survey No.840 of Polasa Village, which cannot be adjudicated in the present writ and sought a direction to the petitioner to approach the Civil Court to seek appropriate remedies in accordance with law.

5.

This Court having heard learned counsel for the petitioner and learned A3sistant Government Pleader for Revenue, deems it appropriate to dismiss this writ petition, granting liberty to the petitioner to approach the competent Civil Court to seek appropriate remedieS.as available under law.

6.

Granting liberty to tl:.e petitioner, as directed, this writ petition is dismissed. There shall be no order as to costs. As a sequel thereto miscellaneous applications, if any pending, in this petition, shall stand closed. T. SRINIVASA REDDY AT.IT REGISTRAR /TTRUE COPY" SECTION OFFIGER To

1.

ONE CC tO SR! VENKAT REDDY KODUMURY'

2. Two CCs to GP for Revenue, High Court for the State of Hyderabad. tourl loPUcl Telangana at

3. Two CD CoPies MP/DAN &,e , I HIGH COURT DATED:1211112025 C.)(J ( * lHE S il I tit.2 7n7t t ORDER WP.No.34163 of 2025 DISMISSING THE WRIT PETITION WITHOUT COSTS K-s z-a[rlzr .

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

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