Jangeti Srinivas v. The State Of Telangana,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 25771 of 2016 ORDER:

Heard learned counsel for the petitioners as well as learned Government Pleader for Revenue (Telangana).

The case of the petitioner is that his father Sri Jangeti Jaggaiah was assigned the land admeasuring Acs.2.00 in Survey No. 324 situated at Mancherial Village, Adilabad District. After his death, the petitioner made an Application to the 3rd respondent Tahsildar, Mancherial Mandal seeking mutation of his name in the revenue records in respect of the abovesaid land and obtained the pattadar passbooks and title deeds in his favour. While so, on 25.07.2016, without issuing any notice or giving an opportunity of hearing, the 2nd respondent Collector, Adilabad District came to his land and tried to dispossess him stating that it is required for public purpose. Hence, this Writ Petition. The material annexed to the Writ Petition would, prima facie, show the right, title and ownership of the petitioner over the subject property.

Hence, the respondent authorities are directed not to interfere with the possession and enjoyment of the said land by the petitioner. However, it is made clear that if the land is required for public purpose, the respondents are at liberty to conduct survey in terms of Section 12 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, so as to enable the appropriate government to determine the extent of land to be acquired and then proceed in accordance with law. With this the Writ Petition stands disposed of. No costs. Consequently, the Miscellaneous Applications, if any shall also stand disposed of.

_____________________________ CHALLA KODANDA RAM, J.

10th August 2016 ksld