High Court · 2025

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 writ or direction preferably Writ of Mandamus declaring the action of the Respondent No.2 to 7 through their sub-ordinates in interfering with the peaceful possession of petitioner in respect of agricultural land admeasuring Ac.15.09 kuntas in Survey Nos.78A, 78AA,771A12,81/UU/, 81lUUl2, 77lAA1lA, 78lEE1tA, 78lEE1lA, 81lU, 821A,83, situated at Adavimallela village, Penubally mandal, Kalluru Division, Khammam district, which belongs to me, without any prior notice and without following due process of law, by violating principles of natural justice, and Article 21 and 300-A of the Constitution of lndia. and consequentially direct the Respondent No.2 to 7 and their sub-ordinates not to interfere with the possession of petitioner in respect of proceed with acquisition of agricultural land admeasuring Ac.15.09 kuntas in Survey Nos.78A, 78AA, 771At2,81/UU/, 81tUUl2,77tAA1lA,7llEEllA,78tEE1lA,81lU,B2lA,83, situated at Adavimallela village, Penubally mandal, Kalluru Division, Khammam district, without following due process of law. NO: 1 25 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 Respondent Nos.2 to 7 and their sub-ordinates not to dispossession the petitioner from the agricultural land admeasuring Ac.15.09 kuntas in Survey Nos.7BA, 7BAA, 77lAl2, B1/UU/, 81lUUl2, 77tAA1lA, 78lEE1lA, TBlEEllA' 81lU, B2lA, 83, situated at Adavimallela village, Penubally mandal, Kalluru Division, Khammam district, pending disposal of the main writ Petition, in the interest of Justice. Counsel for the Petitioner: SRI K.V.HARI PRIYA Counsel forthe Respondent No.1 & 3: SRI G.CHANDRASEKHAR' AGP FOR LAND ACQUISITION Counsel for the Respondent No.2, 4 & 5: SRI L.RAVINDER' AGP FOR REVENUE Counsel for the Respondent No.6 & 7: SRI L.SANDEEP' AGP FOR IRRIGATION The Coud made the following: ORDER THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.34528 OF 2025, ORDER: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief/s:- "(a) ... to issue writ or direction preferably Writ of Mandamus declaring the action of the Respondent No.2 to 7 through their sub-ordinates in interfering with the peaceful possession of petitioner in respect of agricultural land admeasuring Ac.15.O9 kuntas in Survey Nos.7SA, 78AA,77lA/2,8llUU/, 8L/UU 12, 77 I AAL I A, 78lEEr I A, 78/EELlA, 8l/U, s2l A, 83, situated at Adavimallela village, Penubally mandal, Kalluru Division, Khammam district, which belongs to me, without any prior notice and without following due process of law, by violating principles o[ natural justice, and Article 2l and 3OO-A of the Constitution of India. and consequentially direct the Respondent No.2 to 7 and their sub-ordinates not to interfere with the possession of petitioner in respect of proceed with acquisition of agricultural land admeasuring Ac. 15.09 kuntas in Survey Nos.78A, 78AA, 77/A12, sLlUUl, 8LlUU12, 77lA LlA, 78/EE1lA, 78/EEL/A, 8LlU, 821A, 83, situated at Adavimallela village, Penubally Mandal, Kalluru Division, Khammam district, without following due process of law and pass such other order or orders ... (b) Further, It is prayed that this Hon'ble Court may be pleased to direct the Respondent Nos.2 to 7 and their sub-ordinates not to dispossession the petitioner from the agricultural land admeasuring Ac. 15.09 kuntas in Survey Nos.78A, 78AA, 77 lA/2, 8r IUU I , 8L IUU 12, 77 /AAL lA, 78lEEr I A, 78lEEllA, 8llU, 82/A. 83, situated at Adavimallela village, Penubally mandal, Kalluru Division, Khammam district, pending disposal of the main Writ Petition, in the interest of Justice".

2. Heard Mr.K.V.Hari Priya, learned counsel for the petitioner, Mr.G.Chandrasekhar, learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos.l and 3, Mr.L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.2,4 & 5 and Mr.L.Sandeep, learned Assistant a, 2 Government Pleader for Irrigation appearing for respondent Nos.6 and 7 .

3. When the matter is taken up,for consideration, learned .counsel for the petitioner submits that respondent Nos.2 to 7 are interfering with the peaceful possession and enjoyment of the petitioner over the subject property without issuing any notice and without following the procedure contemplated under law. Therefore, he seeks indulgence of this Court to issue a direction to official respondents not to resort to any illegal activity with respect to the subject land, without following the due process of law'.

4. Learned Assistant Government Pleader for Revenue contends that the official respondents have not resorted to any such illegal activity against the. petitioner and this Writ Petition is filed under misconception. Therefore, he seeks to dismiss this Writ Petition.

5. Having regard to the submissions of both the learned counsel and on perusal of the material available on record, this Court, without making any observations on the ssession of the petitioner, is of the opinion that in the event 3 the official respondents try to interfere with the subject property of the petitioner, they shall strictly follow the procedure as contemplated under law. 6 Accordingly, this Writ Petition is disposed of. No costs. Needless to mention, the petitioner is granted liberty to work out the remedies as available under law. Miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// To,

1. The Principal Secretary, Land Acquisition (Revenu Buildings, At Hyderabad, State of Telangana. . PONNA KRISHNA ISTANT REGIS SECTION OFFICER Department, Secretariat .:

2. The District Collector, Khammam District, at Khammam' 3. The Special Deputy collector and Land acquisition officer, Khammam district, at Khammam. \

4. The Revenue Divisional officer, Penuballi, Khammam Khammam District. 5. The Tahsildar, Penuballi mandal, Khammam District' 6. The Executive Engineer, lrrigation Division Sathupally, Khammam District. 7. The District lrrigation Officer, Sathupally Division, Khammam District' 8. One CC to SRI K.V.HARI PRIYA, Advocate [OPUCI g.TwoCCstoGPFoRLANDAcQUlSlTloN,HighCourtfortheStateof Telangana at HYderabad [OUT]

10.Two CCs to GP FOR REVENUE, High court for the state of Telangana at Hyderabad [OUT]

11.Two CCs to GP FOR IRRIGATION, High court for the state of Telangana at Hyderabad [OUT]

12.Two CD Copies BSR GJP HIGH COURT DATED: 1411112025 ORDER WP.No.3452 of 2025 a Y at- :) I 1 rlE Sr4 ::..- , (,_ ,).. Bt[, I .; (' c il4-i'C DISPOSING OF THE WRIT PETITION, HOUT COSTS \h