High Court · 2025

Judgment

1. The State of Telangana, Rep by its Prl secretary' Revenue Department' Secretariat at Hydertbad, Hyderabad' The District Collector, Koihagudem, Bhadradri Kothagudem District' 2 3. The Sub-Collector-cum-Revenue Divisional Officer' Palvoncha' Bhadradri Kothagudem District' .

4. The Tahsildar Burgampahad, Burgampahad mandal' Bhadradri Kothagudem District.

5. The Village Revenue Officer, Sarapaka - l, Burgampahad Mandal' Bhadradri Kothagudem District.

6. The Government Health Sub-Center, Sarapaka Village' Burgampahad - Mandal, Bhadradri Kothagudem District ...RESPONDENTS

PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Mandamus, declaring the action of the 4th and Sth respondents in allotting the land of the petitioner to an extent of Ac'0-3 cents in Sy'No'262/1 out of an extent of Ac.3-23 guntas of Sarapaka Village, Burgampahad Mandal' Bhadradri Kothadgudem District in favour of the 6th respondent by conducting impugned panchanama dt. 3O.Ol .2018 including the survey' inspite of declaration given by theAssignmentReviewcommitteedt..l0-09-2012recommendingthepetitioner for grant of Assignment patta and arso issuance of pattadar passbooks and tire deeds by the report submitted by the Virage Revenue officer dt. 02.11 .2012, without giving any notice to the petitioner and without issuing any proceedings is illegar and void and opposed to Articresr4, 19, 21 and 300 A of constitution of lndia, incruding without forowing the procedure contemprated under rand encroachment Act, 1905, including provisions of schedule Tribes and other traditio.nar forest dwe'ers (Recognization of Forest Rights) Act, 2006 and consequen'y to direct the respondents to grant Assignment patta to the petitioner herein, incruding pattadar passbooks and tiae deeds in respect of the petitioners land situated in sy.no.262lr to an extent of Ac.3-23 Guntas of Sarapaka virage, Burgampahad Mandal, Bhadradri Kothagudem District. lA NO: 1 OF 2018 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 respondents not to'disposes the petitioner from the land situated in sy no '26211 to an extent of Ac.3-23 Guntas excruding 03 cents rand of sarapaka village' Burgampahad Mandar, Bhadradri Kothagudem District, pending disposar of the main writ petition. IA NO: 20F 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the'High court may be preased to direct the respondents to stop the construction of the primary Hearth centre in land to an extent of Ac.0-3 cents in situated in sy.no.262l1 to an extent of Ac.3-23 Guntas excruding 03 cents rand of sarapaka Virage, Burgampahad Mandar, Bhadradri Kothagudem Districtpending disposal of the main writ petition. Counsel for the petitioner: SRt MUMMANENT SRIN|VASA RAO Counsel forthe Respondents No.1 to S: Gp FOR REVENUE Counsel for the Respondent No.6: AGp FOR MEDICAL HEALTH AND FAMILY WELFARE The Court made the following: ORDER - THE HONOURABLE SRI JUSTICE K'SARATH WRIT PETITION No.372 L7 of 2018 oRDER: Heardlearnedcounselappearingforthepetrtroner, tearned Assistant Government Pleader for Medical and ilcalth and learned Assistant (iilvernment Pleader for Revenue for the respondents and perused the record' Learned counsel for the petittoner submits that the 2 petitioner questtonlng thc action of ihe resPondent Nos'4 and 5 in allotting the land of the pctitioner to an extent of Ac.0-3 cents in SY'No'262/ 1 out of an extent of Ac'3-23 guntas o[ Sarapaka Village' Burgampahad Mandal' Bhadradri Kothadgudem District in favour of the respondent No.6 by conducting impugned panchanama dated,30.O1.2O18includ'ingthesurvey'inspiteof declaration given by the Assignment Review committee dated 10.09 .2012 recommending the petitioner for grant of Assignment Patta and a-lso issuance of Pattadar passbooks and title deeds by the report submitted by the Village Mv r .t 1 .- \. -.a==.{ \I ! 2 ,J /{. J trP 372t;2t)18 Revenue officer dated 02. 11.2O12, without giving any notice and without issuing any proceedings without following due process under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabiiitation and Resettlement Act, 20 13.

3. Learned counsel for the petitioner further submits that at time of admission, this Court has passed interim order dated 11.10.201g gralting sfa/us quo existing as on that day. In spite of lapse of more than six (06) years, the respondents did not choose to file any counter or vacate petition in this mailer for denying the averments made in the writ affidavit and requested to direct the respondents not to dispossess the petitioner from the subject property without following due process of law.

4. Learned Assistant Government pleader for Revenue ald learned Assistant Government pleader for Meclical Hea-lth submit that the respondents witl follow the procedure contemplated under. law in respect of the subject property and requested to pass appropriate orders. ./ L sI(. ./ lvP 37217 -2018 S,Inviewofthesubmissionsmadebybothsides'the writ petition is disposed of directing the respondents not to interfere with the possession of the subject property of the petitioner, without following due process of law' If the respondents want to acquire the land, they have to follow the proceclure under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013' There shall be no order as to costs.

6. As a sequel, the miscellaneous petitions pending' if any, shall stand closed. ,,'TRUE COPYI' --l oE"'3{i/iJ#'t?[FE - sEclloN oFFlc ER Secretariat Department' State elangana' To, Revenue

1. othagudem' Prt. S The Hyderaba ecretary' d, HYderabad K 2. The District Collector' J. The Sub-Cot lector-c um-Revenue +1he Tahsitda r BurgamPahad ' Revenue Officer' Koth agudem District District. 5 The Viltage Kothagudem Distrt ct District Bhadra Division dri Kothagudem al Offtcer' Palvoncha' Bhadrad n mandal' Bhadradri Kothagudem Mandal' Bhadrad BurgamPahad SaraPaka - l' BurgamPahad SaraPaka Village' BurgamPahad -Center' District tHe Koth alth Sub agudem adradrt

6. The Gove Bh Mandal, 7. One CC to I Two C q Two CCstoGP {or Medical, Hea SRI MUMMANENI Cs t9 GP for Revenue' HYderauad. IOUTI na at Hyderabad. tourl SRINNASARAO' High Court fo Ith and Famity Welfare' Advocate IOPUCI r the State of Telangana at High Court for the State of Telanga Two CD CoPies .. 10 1-*€ "o- HIGH COURT' DATED:27 t03t2025 IsE1{ (o c o o o,+ 11 I MlJE l- C) \\ '-'-*-y' ORDER WP.No.3721T of 2O1g DISPOSING OF THE WRIT PETITION WITHOUT COSTS U yr a