Sri. Thalandi Shankar v. The State Of Telangana

Between:

Thalandi Shankar, S/o. Late Ramaiah, Aged about 50 years, Occ: Agriculture, R/o. Koyaguda, Gudurupet Village, Koutala Mandal, Kaghaznagar, Kumaram Bheem, Asifabad District, Telangana State .. Petitioner And The State of Telangana, Revenue Department, Rep., by its Principal Secretary, Secretariat BRK Bhavan, Liberty, Hyderabad, Telangana State and others .. Respondents The Court made the following:

ORDER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.

2.

Petitioner claims to be in possession and enjoyment of land admeasuring Acs.2.20 guntas in Survey No.40/243 of Gurudpet Village, Koutala Mandal, Komurambheem, Asifabad District. He was issued pattadar passbook vide account No.465. Petitioner now alleges that respondents 6 and 7 by encroaching into the above extent of land constructed 132/33 KV sub-station without following due process and the same is illegal. Petitioner placed reliance on the letter dated 29.03.2021 addressed by the Tahsildar, Koutala Mandal, to the Revenue Divisional Officer, Kaghaznagar, wherein the Tahsildar pointed out that there is a boundary dispute between two Mandals of Koutala and Chinthalamanepalli, and requested the Revenue Divisional Officer to depute Chinthalamanepalli Mandal Surveyor for conducting joint survey along with the Deputy Inspector of Surveyor, Kaghaznagar, and Mandal Surveyor of Koutala, and submits that there is no clear land, which is earmarked for construction of sub-station, and respondents 6 and 7 are trying to encroach into the land of the petitioner.

3.

Learned Assistant Government Pleader, on instructions, submits that the land claimed by the petitioner is an assigned land. In Survey No.114/PP of Ravindranagar Shivar of Chinthalamanepalli Mandal, the Government has large extent of

land and out of which, land admeasuring Acs.4.00 was allotted to the Power Distribution Company, wherein the authorities concerned are undertaking construction of sub-station and petitioner is not at all affected. According to learned Assistant Government Pleader, Survey No.114/PP of Ravindranagar Shivar formed part of Chinthalamanepalli Mandal and this land is adjacent to the land claimed by the petitioner, which forms part of Gurudpet Village of Koutala Mandal.

4.

Be that as it may, in view of the letter of the Tahsildar addressed to the Revenue Divisional Officer, Kaghaznagar, dated 29.03.2021, the Revenue Divisional Officer, Kaghaznagar, is directed to ensure that survey is conducted under the supervision of the Deputy Inspector of Surveyor, Kaghaznagar, to identify the land earmarked for construction of sub-station and land assigned to the petitioner and in no situation, without following the due process of law, the land of the petitioner shall be affected.

5.

The writ petition is accordingly disposed of. Pending miscellaneous petitions, if any, shall stand closed. ___________________ P.NAVEEN RAO, J KH

KH