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High Court for State of TelanganaWP/33258/2015disposed of no costs

Sri Someshwar Singh, v. The State Of Telangana, Rep By Principal Secretary,

2015-10-09Vilas V.Afzulpurkar4 pages

HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.33258 of 2015 ORDER:

Heard.

The petitioners complain of unlawful interference by the third parties with regard to their lands admeasuring 400 sq. yards in Sy.No.141 and 1000 sq. yards in Sy.No.142 situated at Kothapet Village, Uppal Mandal, Ranga Reddy District. The petitioners claimed to have acquired the said lands by inheritance from their father Bheem Singh, who died in the year 1999. The petitioners also claimed to be the decree holders of the suit in O.S.No.1106 of 2009 on the file of the III Additional Junior Civil Judge, Ranga Reddy District, wherein the declaration was granted on 09-07-2010 treating the petitioners as the legal heirs of Bheem Singh. While the petitioners are stated to be in possession, the 3rd respondent, at the instance of respondents 4 to 6, tried to interfere with their possession.

Hence, the present writ petition is filed seeking a Mandamus against the 3rd respondent. Learned Government Pleader has received instructions, which state that the lands in question are adjacent to the Government land and the staff of Uppal Mandal never interfered with the possession of the petitioners' lands in Sy.Nos.141 and 142. It is also stated that with regard to the Government land, status-quo order is subsisting in W.P.No.11069 of 2008, dated 21-05-2008. In view of the aforesaid instructions, it is clear that there is no interference by the revenue authorities with regard to the petitioners' lands. Hence, to that extent, the allegation of the petitioners is not substantiated.

In so far as the relief sought for by the petitioners against respondents 4 to 6 is concerned, the petitioners have to seek appropriate remedy before the competent civil court and therefore, no direction can be issued in this writ petition with regard to respondents 4 to 6. Accordingly, the writ petition is disposed of. No order as to costs.

Miscellaneous petitions, if any, pending, shall stand closed. _______________________ VILAS V.AFZULPURKAR, J Date: 09-10-2015 Note:

Issue C.C. in three days (B/o) Prv

HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR

W.P.No.33258 of 2015 09-10-2015 Prv