Banda Sathaiah v. The State Of Telangana And 3 Others
[ 3168 | HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD // (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE -- PRESENT THE HON'BLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 4572 OF 2023 ./.
Between:
Banda Sathaiah, S/o Ramaiah, Occ. Business , R./o H. No. 28-2-7l3lNl, Ward No. 13 Gollagudern Bellampally Town, Bellampally Mandal,' Mancherial District AND ...PETITIONER ,/- l. The State of Telangana, Rep by its Principal Secretary Revenue Department Secretariat Buildings, Hyderabad.
2. The District Collector, Mancherial District.
3. The Tahsildar, Bellampalli Mandal, Mancherial District
4. The Bellamp4lly Municipality, rep by its Commissioner, Bellampally, Mancherial District.
/ , / ..RESPONDENTS Petition under Article ZZ6 of the Constitution of India praying that in the 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 writ of Mandamus declaring the action of the respondents in trying to dispossess the petitioners from the house property bearing H. No. 28-2-7l3lAll admeasuring in 220 sq. fts by boundaries North - Chandrapur to Kazipet Railway line South - NH Road from Asifabad to Mancherial East. - Tippaneni Veeramma Plot , West - Raidu Plot in ward No. 13 situated at Gollagudem Bellampally Town, in Sy. No.
98 Bellampally Mandal, Mancherial District, without assigning reasons without prior notice and without following due procedure of law as illegal arbitrary and violative of Article 14,21 and 300-4 of the Constitution of [ndia and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the aforesaid house property belonging to the Petitioners IA NO: I OF 2023 / 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 interfere/ dispossess the petitioners from the North - Chandrapur to Kazipet Railway line South - NH Road from Asifabad to Mancherial East - Tippaneni Veeramma Plot , West - Raidu Plot in ward No. 13 situated at Gollagudem Bellampally Town, in Sy. No.
98 Bellampally Mandal, Mancherial District without following due process of law.
Counsel for the Petitioner:
SRI. RUDRESH DESHPANDE '/ Counsel for the Respondents No. I to 3: GP FOR REVENUE Counsel for the Respondents No.4:
SRI B. JAGAN MADHAVA RAO (AGP) The Court made the following:
HON'BLE SRI JUSTICE K.LAKSHMAN of ORDER:
Heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing for respondent Nos.l to 3 and Sri B.Jagan Madhav Rao, learned counsel appearing for respondent No.4.
2.
The petitioner herein is claiming right over the subject property i.e., H.No.28- 2-7/3lNL Assessment No.10950 l7z0g admeasuring 220 sq. fts in Sy.No.98 in ward No.l3, situated at Gollagudem Bellampally Town, Bellampally Mandal, Mancherial District, on the strength of a registered Gift Deed bearing document No.17727 of 2022 dated 23.11.2022. The grievance of the petitioner in the present Writ Petition is that respondent Nos.3 and 4 are @ing to dispossess the petitioner from the aforesaid property without I\ I \ following due procedure laid down under law. Therefore, the present Writ Petition.
3.
whereas, sri B.Jagan Madhav Rao, learned standing counsel appearing for respondent No.4 would submit that the subject property is the Government prope rty and even then petitioner is
claiming right over the aforesaid property. perusal of the Gift Deed would reveal that petitioner herein had purchased the aforesaid house and assessment number of the respondent No.4 is also mentioned. Respondent No.4 had issued certificate dated 2s.ll.20ls and petitioner is paying property tax to the respondent No.4. Therefore, according to this Court, respondent Nos.3 and 4 cannot dispossess the petitioner from the subject property without following due procedure laid down under law.
4. In view of the said discussion, this Writ petition is disposed of directing respondent Nos.3 and 4 not to dispossess the petitioner from the aforesaid subject house without following due procedure laid down under law. There shall be no order as to costs As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.
,1 SD/-MOHD.SANAULLAH ANSARI ASSISTANT REGISTRAR OF'FICER I To, k SECTION l. The Principqt_S:tt"1*y Revenue Department Secretariat Buildings, State of Telangana, Hyderabad
2. The District Collector, Mancherial District.
3. The Tahsildar, Bellampalli Mandal, Mancherial District
4. The Commissioner, Eellampally Municipality, Bellampally, Mancherial District..
5. One CC to SRI. RUDRESH DESHPAN.DE Advocate-JOFUCI
6. Two CCs to GP FOR REVENUE ,High Court for the State ofTelangana. IOUTI
7. Two CD Copies //TRUE COPYII (".
, HIGH COURT KLJ DATED:1610212023 r+E STn 14:
/t 3 1 HAH ?$23
ORDER
'.1+ :l WP.No.4572 of 2023 WRIT PETTTION IS DISPOSED OF WITHOUT COSTS