High Court · 2025

Petition Under Section 151 cPc praying that in the circumstances stated in the affidavit filed in s;upport of the petition, the High Court may be pleased to direct the respondent authorities not to dispossess the petiticner from petitioner's land to make any con:struction of building by the sth respondent in the petitioner,s land Ac.1-07 gts in S),.No.33/2/4 situated at Mallaram Villag,e, Manuguru Mandal, Badhradri- Kothgudenr District. Counsel forthe Petitioners: SRI B.ARJUN Counsel forthe Respondent No.l : AGP FOR ENERGY Counsel for the Respondent Nos.2 to 4 : G.p FOR REVENUE Counsel for Respondents No.2to4 : SRI ZAKIR ALI DANISH, SC FOR TSNPDCL, The Court made the following ORDER a HON'BLE MRS JUSTICE SUREPALLI NANDA P T o N 2 t 2 ORDER: Heard Sri B. Ariun, learned counsel appearing on behalf of petataoner, learned Ass'stant Government Pleader for Energy, appearing on behalf of respondent No' 1, learned Assistant Government Pleader for Revenue' appearing on behalf of respondent Nos'z to 4 and Sri Zakir AliDanish,learnedStandingCounse!appearingonbehalf of resPondent No.5' The petitioner approached the Court seeking prayer 2 as under: "...to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent authorities in particularly 5th respondent in trying to construct the permanent building pertaining to office of the Asst Divisional Engineer/Operation Sub-Divis'ron I Manuguru and 0/o AAO/ERO/Manuguru in the land of the petitioner to an extent of land Ac'1-07 guntas in Sy. No. 33/2lA situated at Ma{laram Village Manuguru Mandal, Badhradri Kothgudem District by virtue of order dated 24-tO-2O24 passed by the 2nd respondent is illegal, consequently direct the 2 SN. J \\ry t2 2025 respondent authorities not to make any construction in the liand of the petitioner i.e. Ac. 1-07 guntas in Sy. Nc,. 33/2/A situated at Mallaranr Viltage, Manuguru Mandal, Badhradri Kothgudem D,istrict and pass... ".

3. The case of the petitioner in brief is that the petitioner is the owner and possessor of the land to an extent of Ac.1.07 guntas in Sy.No.33/2/A situated at Mallaram Village, Manuguru Mandal, Badradri Kothagudem District having acquired the subject land from his ancestors. Thereafter, the revenue authorities havel erected a board in the petitioner's; rand craiming that the subject Iand is Government land. l-he petitioner submitted a representation dated 02.12.2024 tc, the revenue authorities to remove the erected board frc,m his land. Subsequently, the 5th respondent entered into the lanci of the petitioner and tried to take steps to construct permanent building perta ining to office of the Asst. Divisional engineer/Operation Sub-Division) Manuguru and Olo AAO/ERO/Manucluru as per the orders dated 24.10.2024 passed by the 2nd respondent. The 5th respondent is tryinq to construct permanent building in the petitioner.s land taking advantage of the allotment r:rder dated 24.10.2024 passed by the 2nd I sN' .I wP tz zo25 respondent in favour of the 5th respondent for establishment of the office of Assistant Divisional Engineer/Operation Sub-Division/Manug uru at O/o.AAO/ERO/Ma nug uru at Manuguru' Aggrieved by the said action of the respondents, the present writ petition is filed. 4 Lea ed Gov rnment Pleader for Revenu e- aDoearino Nos.2 and 4 rtn r f written instructio nsa re extra hereun der: "...But on verification of revenue records i.e., Sethwar and Pahanies of Mallaram revenue village it is found that the land in Sy.No.33 is the Government land. On verification of the entries in the revenue records such as Sethwar and Pahanies from the years 1954-55 (Khasra), 1955-58 (Theensal pahani), Lg62-63, 1988-89, 2o03-o4, 2007-08, 2009-10, 2}l2-t3,2015-16,2Ot6-77 and 2017-18 it is found that the name of the petitioner or his ancestors are not found in any of the year, except his name was entered in the enjoyer column only in the pahani for the year 2Ol7-18' Except that, the name of the petitioner or the names of his ancestors are not found in any year of pahanies of Mallaram revenue village". Further submit at. the land in Sv.No.33 2lA buil no con uction o TGNPO CL is diffe n nt. And the 4 wP_rr;|ii land in Sy'.No.49lp which is proposed for construction of TGNPDCL is located in a prime location and having high value. Thr_.re are houses in most of the land in the area. The petitioner intentionally trying to grab the valuable government land to sell the land by making house plots in the land and selling each plot @ Rs.5 lakhs to 1.0 lakhs. The petitioner has taken pattadar passbook to the subject land as an agricultural land, but, he made this land into house plots illegally and selling it at higher rates and gr-.tting huge amounts. Further in the guise of his land the p,etitioner is trying to grab the government land in Sy.No.4g,/p which -s adjacent tc, the subject land in Sy.No.33/2/A which the petitioner is claiming. Further submit that, the Chairman & Managing Director TGNPDCL has sanctioned Rs.40,O0,000/- for the construction of TGNPDCL building and it is under progress,,. (Verbatim reproduced)

5. Sri Zakir Ali Danish, learned Standing Counsel appearing on behalf of re:rpondent No.5 submits that the rand ailotted to the 5th respondent for construction of TGNPDCL buitding falls in Sy.No.49lP and the land in Sy.No.33/2/A, which the petitioner is claiming is totally different. ER ED E

6. Takin !nto co nsiderati n: t *'-''j#;i (a) The submissions made by the learned counsel appearing on behalf of the petitioner, (b) The submissions of learned Assistant GovernmentPleaderforRevenue,appearingonbehalfof respondent Nos.2 to 4, (c) The submissions of learned Standing Counsel appearing on behalf of respondent No'5' Thewritpetitionisdisposedofdulybringingthe written instructions on record, which clearly indicate that the petitioner approached the Court misrepresenting that the proposed construction for TGNPDCL is in Sy.No.33/2/A situated at Mallaram Village Manuguru Mandal, Badhradri Kothgudem District' whereas in fact the proposed construction for TGNPDCL is in Sy'No'49/P and not in Sy.No.33l2 lA as alleged by the petitioner' There shall be no order as to costs' Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed' m G SD,.L AS ,,TRUE COPY,, SECirot't o FFIC To ;H""[H*3*1[["4$+i#::":"::::::';'1 Telangana Building' Near Navabharath, Palvancha, Kothagudem.

3. The Tahsildar, lvlanuguru, Manuguru Mandal, Bhadradri Kothagudem District. 4. The Project Officer, ITAD, Bhadradri Kothagudem Distrir:t. 5. The Divisional E:ngineer, Operation TGNPDCL, Bhadrac:halam. Bhadradri

6. Two CCs to GP FOR ENERGY, High Court for the State, of Tetangana at

7. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Kothagudem District. Hyderabad. [OLlTl Hyderabad. [OLIT]

8. One CC to SRI B.ARJUN, Advocate [OPUC] 9. One CC to SRI ;ZAKIR ALI DANISH, Advocate (OPUC) 10.Two CD Copies SA BSK tb' , , -.-::::: -- :; ,r/i /i.; ! I () .\ 't ,lr\\ ". 19 )11,75 '1 1; ' ..T (.!\ :/ 'r Z t;) ). \ HIGH COURT \ DATED:0310112025 ORDER WP.No.12 ot 2025 DISPOSING OF THE W.P WITHOUT COSTS.