Bukka Venkatesham, v. Rajiv Vidya Mission (Ssa),
THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 192 of 2016 ORDER:
The prayer of the petitioner in this case is as under: "It is prayed that this Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents 1 to 5 in taking steps to dispossess the petitioner from the land in Sy.No.339/A1 and 339/B, admeasuring an extent of Ac.3-20 guntas situated in Gajwel Village & Mandal, Medak District without following the due process of law as illegal and arbitrary and pass such other or further orders as the Hon'ble Court feels deem fit and proper in the facts and circumstances of the case."
2. This Court, by order dated 05.01.2016 granted interim directions as follows:
"In the light of the permission for change of land use obtained by the petitioner from the Government of Telangana under proceedings dated 17.07.2014, which indicates his ownership over the subject land, there shall be a direction to the respondent authorities not to interfere with the petitioner's possession over the said land except in accordance with the due procedure laid down by law."
3. Written instructions were furnished by the Tahsildar, Gajwel Mandal, Medak District, stating that certain lands were acquired for providing house sites to the weaker sections for the year 1999 at Mutrajpally Village of Gajwel Mandal and the acquisition proceedings in relation thereto had been completed. These lands are stated to have been earmarked for establishment of an education hub. Insofar as the petitioner's land in Survey No.339 of Gajwel Village and Mandal is concerned, the Tahsildar stated that this land is a patta land and was not part of the land acquisition. He further stated that the acquired land in various other survey numbers of Mutrajpally Village of Gajwel Mandal is sufficient for construction of the education hub and that the petitioner's land is not required for that purpose.
4. The aforestated stand of the Tahsildar, Gajwel Mandal, is taken on record. In the light thereof, the apprehension of the petitioner that the authorities were taking steps to dispossess him from the land in Survey No.339 of Gajwel Village and Mandal, Medak District, is shown to be without basis.
The Writ Petition is accordingly closed. Pending miscellaneous petitions, if any, shall also stand closed in the light of this final order. No order as to costs.
____________________ JUSTICE SANJAY KUMAR February 4, 2016 Lmv