Yelgapally Yadaiah S/o. Yelgapally Pochaiah v. 1. The State of Telangana

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 the Respondent Nos.2 to 6 in threatening to dispossess the petitioners by interfering with their pasta lands in Sy.No.B admeasuring Acs. 5-00 gts. situated at Tattikhana Village, lbrahimpatnam Mandal, Ranga Reddy District without following due process of law despite the T petitioners are in possession and enjoyment as per revenue record and dharani portal as illegal, arbitrary unconstitutional and consequenfly direct the Respondent Nos. 2 to 6 not to interfere by dispossessing the petitioners from their patta lands so long as their pattas are in force without following due process of law. lA NO: 1 OF 2024 Petition under Section 1s'l 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 6 not to interfere with the peaceful possession and enjoying of the petitioners patta lands in Sy. No.8 admeasuring Acs. 5-00 gts. situated at rattiihana Village, lbrahimpatnam Mandal, Ranga Reddy District without following due process of law. Counsel for the Petitioner: SRI VENKATESHVARLU GUMMADAVELLy Counsel forthe Respondents No.1 to 4: Gp FOR REVENUE Counsel for the Respondent No.5: S.C. FOR TSIIC Counsel for the Respondent No.6: Gp FOR HOME The Court made the following: ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.36734 of 2024 ORDER: This writ petition is filed seeking to declare the action of respondent Nos.2 to 6 in threatening to dispossess the petitioner by interfering with his patta land admeasuring Ac.5.00 gts., in Sy.No.8, situated at Tattikhana Village, Ibrahimpatnam Mandal, Ranga Reddy District, without following the due process of law despite the petitioner is in possession and enjoyment as per revenue record and dharani portal, as illegal and arbitrary and consequently prayed for other appropriate reliefs.

2. Considered the submissions of the learned counsel for the respective parties and perused the recorct.

3. It is stated that the petitioner is the pattadar and possessor of land admeasuring Ac.5.00 gts., in Sy.No.8, situated at Tattikhana Village, Ibrahimpatnam Mandal, Ranga Reddy District. It is further stated that the said land was assigned/allotted by Bhoodan Yagna Board uide proceedings No.0OO301 dated

28.12.1998 and in pursuance of the same, the revenue authorities have mutated his name in the revenue records and also issued pattadar passbook and title deed. It is further stated that he has I 2 CVBR, J utp-36734_2024 .! t1 received various incentives as investment subsidies sanctioned by the State Government for cultivation of the said land. The case of the petitioner is that adjacent to his land, the Government has allotted Acs.So-Oo gts., of rand to respondent No.5 and at the instance of respondent No.6, disputing the title and possession over the said property, respondent No.S is frequentry interfering with his peacefur possession and causing inconvenience for his enjoyment over the subject property. 4. When the case was listed for admission on 27 .12..2024, learned Assistant Government pleader for Revenue appearing for respondent Nos.l to 4, Sri Anantsen Reddy, leamed counsel for appearing for respondent No.S and learned Assistant Government Pleader for Home appearing for respondent No.6, sought ror time to get written instructions. Thereafter, when the matter was listed on 30.12.2024, there was no representation for respondent No.5. Today also, there is no representation for respondent No.S. 5' Learned counsel for the petitioner has submitted that the tssue raised ln the present writ petition is squarely covered in W.P.No.3044 1 of 2024, dated so.to.2024, wherein, this Court, while disposing the said writ petition directed as folows: "ln uietu of the aboue subr areclaimingtheirrights.;:r::::;:;'::;"::;:;:::::; r.l 3 cvBR, J wP-36734 2024 pattadar pizssbooks issued fn their fauour bg the reuenue authoities and the respondents are claiming ight and title ouer the lands in Sg.Nos.106 and 1O7, this Court deems it appropiate to dispose of this petition directing respondent No.S to conduct surueA to knout u.thether there is ang ouerlapping of the said suruey numbers or disputes ulith regard to identifcation ond localization of the said surueg numbers. If it is found that the lands allotted bu the Gouemment in fauour of respondent I{o.5 are tn encroachment of the petitioners land, the respondents are directed to follow due process of latu for remoual of the said encroachments. Till such time, the parties are directed to maintain status quo in respect of the subject properTy in alf respects"-

6. In view of the above submission, this Writ petition is disposed of in terms of the order, dated 30.1O.2O24 passed by this Court in W.P.No.3O441 of 2024. There shall be no order as to COSTS As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. //TRUE COPY// ASSI SD/.N. SRIHARI ANT REGISTRAR EC OFFICER

1. The Principal Secretary, Revenue Department, State of Telangana' Secretariat, Hyderabad, T.S.

2. The District Collector, Ranga Reddy District. 3. The Revenue Divisional Officer, lbrahimpatnam Revenue Division, Ranga Reddy District.

4. The Tahsildar, lbrahimpatnam Mandal, Ranga Reddy District. 5. The Zonal Manager/Zonal Officer, TSIIC Ltd., Hardware Park, Hyderabad. 6. The Station House Officer, lbrahimpatnam Police Station, Ranga Reddy District. \ To, I

7. One CC to SRI VENKATESHVARLU GUMMADAVELLY' Advocate [OPUC] 8. Two CCs to GP for Revenue' High Court for the State of Telangana at HYderabad. [OUTI \

9. One CC to S C for TSIIC IOPUC] 10.Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad. [OUTI 1'l .Two CD CoPies Along with a copy of the order dated 30JO2O24 in W'P'No'30441 of 2024 MP BS - \, I I HIGH COURT DATED:0310112025 I 1;rtlrrt o)r \' 5 t) 1l Fi$ ?[25 t_. I .: (-i D !'5 i-A1 c\1 ORDER WP.No.36734 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS w a THE HON'BLE SRI JUSTICE C.V.BHASXAR REDDY WRIT PETITION No.3O44L of 2024 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following reliel ".. .to issue an appropriate Wit, Ord.er or Direction more partianlarlg one in the nature of Wit of Mandamus d.eclaing the action of the Respondent Nos.2 to 6 in threatening fo diryossess the petitioners bg interfeing Luith their patta lands in Sg.No-7A admeasuring Acs. 2-O1 /2 gts. each situated at Tatttkhana Vltlage, Ibrahimpatnam Mand"al, Ranga Reddy District tuithout follouing due process of laut despite the petitioners are in possession and enjogment as per reuenue record and d.harani portal as illegal, orbitrary unconstitutional and consequently direct th.e Respondent Nos. 2 to 6 not to interfere bA dispossessing the petittoners from their patta landE so long as th.eir pattas are in force without follouing due process of lau-t . . . "

2. Considered the submissions of the learned counsel for the respective parties and with their consent this writ petition is disposed of at the admission stage.

3. It is stated that the petitioners are the pattadars arrd possessors of agricultural land admeasuring Acs.2-Ol % guntas each in Sy.No.7/A situated at Tattikhana Village, Ibrahimpatnam Mandal, Ranga Reddy District. It is further stated that Bhoodan Yagna Board has granted patta to the husband of petitioner No. I in Bit No.7 (Plot) to an extent of Acs.4-03 guntas on 28.01.1980 and later, the entire land of 2 Acs.4-03 guntas was sub-divided and an extent of Acs. 2-Ol % guntas each was allotted in their favour by respondent No.4 uide its proceedings No.B/830/2O 12, dated O1.O2.2O13 and the revenue authorities have also entered their names in the Dharani Portal and the said land was mentioned as Bhoodhan Patta. It is the further case of the petitioners that adjacent to their lards, the Government has allotted Acs.50-0O guntas to respondent No.5 and at the instance of respondent No.6, disputing the title and possession over the said property, respondent No.5 is frequently interfering with their peaceful possession ald causing inconvenience for their enjo5rment over the subject property.

4. Sri L. Prabhakar Reddy, learned Standing Counsel for respondent No.5 vehemently contended that except preventing encroachments into the la-nds allotted by the Government in favour of respondent No.S, respondent No.5 is not interfering with the peaceful possession of the petitioners over the subject property.

5. In view of the above submissions and since the petitioners are claiming their rights over the subject property by virtue of the pattadar passbooks issued in their favour by the revenue 3 authorities and the respondents are claiming right and title over the lands in Sy.Nos.106 and lOZ, this Court deems it appropriate to dispose of this writ petition directing respondent No.5 to conduct survey to know whether there is any overlapping of the said survey numbers or disputes with regard to identification and localization of the said survey numbers. If it is found that the lands allotted by the Government in favour of respondent No.5 are in encroachment of the petitioners lald, the respondents are directed to follow due process of law for removal of the said encroachments. Till such time, tf,. pu.tl." are directed to maintain sto.tus quo in respect of the subject property in ell 1s5ps615. 6 With the above observations, this writ petition is disposed of. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. Date:3O.1O.2O24 StlS C.V.BHASXAR REDDY, J J