✦ High Court of India · 09 Apr 2025

Si High Court · 2025

Case Details High Court of India · 09 Apr 2025
Court
High Court of India
Decided
09 Apr 2025
Bench
Not available
Length
1,259 words

5. Mr.Somayajula Sravan Kumar, S/o.Late Jagadishwar Rao Age about 59 years, Occ. Retired employee Fi/o. 3-S-125, Patangally, near Shivalayam Temple Yellareddy. District Kamareddy - 503122

6. Mr.Somayalula Raj Kumar, S/o.Late Jagadishwar Rao Age about 59 years, Occ- Sakshi Newspaper Reporter F/o. 3-5-125, Patangally, near Shivalayam Temple Yellareddy, District Kamaredly - 503122

7. Somayajula Ramcharan, S/o. Late Jagadishwar Rao Age about 45 years, Occ. Advocate Rlo. 3-14-2, Ramanth{pur, Uppal Revenue Division Amberpet, Hyderabad - 500013

8. Sai Krishna, S/o. Somayajula Sravan Kumar Age about 29 years, Occ. H I\i4TV Reporter Constituency Reporter R/o. 3-5-125, Patangally, near Shivalayam Temple Yellareddy, District Kamared(y - 503122

9. Kudumula Satyanarayana, S/o. Kudumula Ramulu Aged about 42 years, Occ. Politician RUo. H.No.2-2-83, Kalalgal11| Mandal and Division. Yellareddy, District Kamareddy - 503122

10.The Editor, HMTV New Channel, Plol No.1042 Road No.52, Nandagiri Hills, Jubilee Hills, Hyderabad - 500033 ' l.l.TheEditor,SakshiDailyNewsPaperH.No.6.3-249/l,SakshiTowerRoad No.1, Banjara Hills, Hyderabad - 500034 ...RESPONDENTS Petition und,:r Article 226 of lhe constitution of lndia praying that in the circumstances staled in the affidavit filed therewith, the High court may be pteaseO topleasec to issue an appropriate Writ, order or direction more [rrl"rirrfy'one in the nature Writ of-Mandamus, declaring the inaction -of ^the i""pona",itt on petitioner complaints dated 18.06'2022 and 29'09'2022 regarding encroaclment of goveinment iunior college land by the unofficial i"iponJJnt. No. 4 to 8 as illegat, arbitrary, withoul jurisdiction, dereliction of duty uniaon""qr"ntly (lirect the r6spondents to take back government junior college land from the possr-'ssion of illegal encroachment' lA NO: I OF 2022 Petition undr-'r Section 151 CPC praying that in the circumstances stated in the affidavit filerl in support of the petition, the High Court may be pleased pieaseO to direct the reipondent No.3 to issue necessary instructions._ to concerned officiall; to proiect the government junior college land ' pending disposal of the writ Petition. Counsel for the Petitioner:SRl. AKKAM ESHWAR Counsel for the Respondents: GP FOR HIGHER EDUCATION The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.45167 oF 2422 ORDER: Heard Sri Akkam Eshwar, learned counsel for the petitioner, learned Assistant Government Pleader for Hfher Education appearing for respondent Nos. 1 to 4, Sri Thadikonda Koteshwara Prasad, learned counsel appearing for respondent Nos.5 to 7, Sri Naveen Kumar, learned counsel appearing for respondent Nos. 1O and 11 and none appeared lor respondent Nos.8 and 9.

2. Petitioner is claiming that he is the absolute owner arrd possessor of the land admeasuring 1O0 square yards in survey No.460 situated ar Yellareddy Village, yellareddy Mandal, Kamareddy District. In proof of the same, he has filed a copy of sale deed. According to the petitioner, respondent Nos.5 to 9 occupied land helongs to 4th respondent admeasuring 6OO square yards in survey nos.451, 452 and 459 of Yellareddy Mandal with tle help of respondent Nos. 10 and I l. 2 KL,J w.P.No.45l67 of 2022 \

3. Thert:fore, he has submitted representations dated l8.O6.2O2tZ and,29.O9.2022 to respondent Nos-2 and 3 with a request tc take action against respondent Nos.5 to 11. Despite rec:eiving and acknowledging the sard representations, respondenl- Nos.2 and 3 did not act upon the same. Aggrieved by the ina<:tion of respondent Nos.2 and 3, p<'titioner filed the present wr:.t petition.

4. 3rd r(rspondent has f-tled counter contending that 4ft respondenl has approximately Ac.7-O3 guntas of land in Survey Nos;.451, 452 and 459 situated at Yellareddy Mandal and divisicn, Kamareddv District. Out of the said land, no land fas been encroached. The survey No.460 is situated adjacent to the College land boundarv (S-r'.No.459) and belongs to Sri Somayajula Shravan Kumar i.e.. respondent No.5. It is not within the limits of Collelle land as per documents and records. No loan has beetr taken by any private pelsons on the land belonging to 4th respondent College ancl no land of 4'h respondent rvas llifted or sold to any third 'rarty as alleged by the rvrit petit ioner including document l,lo.51/2018, 6l12018, 136l l2O2I l I I I I I I l l i I i j I I I ! ! i T l I r\ J KL,J W.P.No.45l67 of 2022

5. It is further contended that the allegation made by the petitioner with regard to encroachment of 3OO square Y4rds of land belongs to Government Jilnior College is without any basis. Therefore, no physical po$itions are taken place in the aforesaid mentioned land. As per the demarcation o.fjand conducted by the Inspector of Survey, Cement pillart are buried to avoid the encroachmerirts and no constructions are made crossing the college bounddry.

6. Though the said counter was filed on 15.02.2023, the petitioner did not file any reply adverting to the same.

7. It is also relevant to norp that along with the ,said counter, respondent No.3 has [iled survey report, copy of panchanama along with translatlon, tounch-map, information report etc.

8. In the iight of the aforesaih contentions, the allegation made by the petitioner that respJndent Nos.5 to S encro;ched the land admeasuring 60O squale 1,ards in survey Nos. 451, 452 and,459 situated at Yellaredd_1, Mandal of 4th respondent I I I i i I I I I I \ \ w. P No.45 t 67 iif 2022 KLJ \ 4 is factually in correct. Therefore, petitioner is not entitled for arty relief much less, the relief sought in the present writ petition and the same is liable to be dismissr.:d.

9. Accordingly, this Writ petition is dismissed. There sha-ll be no ordr:r as to costs. As zr sequel thereto, miscellaneous petitions, if any, pending in the Writ petition shall stand close<l To, //TRUE COPY// SD/.MOHD. ISMAIL EPUW REGISTRAR q SECTION OFFICER State of Tetangani'Hyberabad _ soooor-'*'.,"'.,

1. Principal S.cretarv. Higher,Education Depart. Telang.rna Secretariat, The , and District Masistrate, Kamareddy Coilectorate Kamareddy 5i::r[it"Jlrr t ll3.?g[':;sioner of lntermediate Education, state or rerangana Nampaly,

4. The Principa l, Govemm R; il v; r5il;i;'d,I#:i ?l#iilr:;'1"3&T;i' o, ber I k a r X R o a d, Med a k

5. Mr.Somayajula Sravan I "+:ffi ,fiii,:xx"T'ilfiiftqf"","..,711?i,I!:i,Xx"l:s,,13:,:i:i 'H#1l;;il:"Iyffi;:i[*";,s:;si.J:iii#&tni,^t1y,,,,.i,I,?i,E; 7 SomayajulaFlamcharan t ffi ,a.,,"".1;fl'#;J_1?_t1ft i#:?i,1K.l:i,ffi :,tx%::""3?,y:,i:ffld,* Kumar Ase abour.2s vears, occ. HMrV Eil[[:it1.1,1?;3i&T,yra.Sravan remprever[r-.ii; j';i,il???*fl Y&01?io'3iii,,"girrv-,1,i'si,i;i;y;;''

9. Kudumula Satyanarayana, S/o Kudumula Ramulu Aged aboul42 years' Occ' " i,;ii,ili;;-Fv;.'ii.r.ro.z'-z-ai,liriabJ, Manoat and Diiision' Yellareddv' District KamareddY - 503122 1O.The Editor, HMTV New Channel, Plot No 1O42 Road No'52' Nandagiri Hills' '-'iuOitee Hilis, Hyderabad - 500033

11.The Editor, Sakshi Daily News.Pap^er^l-l No 6-3-249l"1 ' Sakshi Tower Road ' "rl6.rleiniara Hills, Hvderabad - 500004

12.One CC to SRl. AKKAM ESHWAR A(vocate [OPUCI l3.TwoCCstoGPFoRH|GHEREDUCAT|oN,HighCourtfortheStateof Telangana. [OUT]

14.One SPare CoPY

15.Trivo CD CoPies l0.ftna \w,,4 i i i I I I i '=:_-:-:1- za::1 ,t-'it".t- SI4r:>.\. - - c,^.'i\.. .,.- :Ci' arlrlgM ; -:, / I /-c' 1', .. ' .- r(r* tt,, t ,..,1c, .,," HIGH COL'RT DATED:0910412025 ORDER I WP.No.45167 of 2022 l I I I I I I I I I DISMISSINIG THE WRIT PETITION WITHOUT COSTS d- o

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments