Smt. Manuka Laxmi v. State Of Telangana

Between:

Smt. Manuka Laxmi, W/o. Chandramouli, Aged about 35 years, Housewife, R/o.Nimmapalli Gram Panchayat, Konaraopet Mandal, Rajanna Sircilla District .. Petitioner And State of Telangana, rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad and others .. Respondents The Court made the following:

ORDER:

Heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and learned Assistant Government Pleader for Home. With the consent of both the learned counsel, the writ petition is disposed of at the admission stage.

2.

Petitioner claims to be the absolute owner and in possession of land to an extent of Acs.2.00 in Survey No.386/136 of Nimmapelli Village, Konaraopet Mandal, Rajanna Sircilla District. She alleges that in the year 2020, the unofficial respondents, with the assistance of anti-social elements, armed with weapons, trespassed into the petitioner's land, demolished the boundary wall and destructed the entire grown up eucalyptus trees and threatened the petitioner and her family members with dire consequences. Petitioner instituted O.S.No.295 of 2020 in the Court of the Junior Civil Judge, Sircilla, seeking to grant decree of injunction against the unofficial respondents. The said suit is pending consideration. While so, petitioner alleges, the unofficial respondents continue to interfere with the possession and enjoyment of the property. Petitioner therefore seeks direction to the revenue authorities to interfere and to ensure that the unofficial respondents do not interfere in possession and enjoyment of the land assigned to her.

3.

In other words, what is agitated in the writ petition is an inter se civil dispute between petitioner and other persons.

Petitioner has rightly invoked the jurisdiction of civil Court by filing O.S.No.295 of 2020 to grant injunction against the defendants. During pendency of the said injunction suit, this writ petition is filed seeking, substantially, the same relief as sought before the trial Court. On a civil dispute, petitioner is seeking to mandate the revenue authorities to restrain the unofficial respondents from undertaking construction activity in the land owned by the petitioner and seeks a declaration of inaction of the revenue authorities, as illegal.

4.

In inter se civil disputes, the revenue authorities cannot interfere. If the petitioner has any grievance against alleged interference/encroachment, she has to take recourse to civil law, which was availed by filing O.S.No.295 of 2020. The relief sought in the present writ petition cannot be granted. 5.

The writ petition is accordingly dismissed leaving it open to the petitioner to prosecute the pending suit. Pending miscellaneous petitions, if any, shall stand closed. ___________________ P.NAVEEN RAO, J KH

KH