Malan Bee v. The State Of Telangana

IN THE HIGH COURT OF JUDICATURE, AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH **** HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO. 15055 OF 2018 DATE : 26.04.2018 Between:

Malan Bee ....petitioner A n d The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and three others ....Respondents The Court made the following:

HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 15055 OF 2018 ORDER:

The petitioner claims to be the owner of the land of an extent of Ac.7.04 guntas in Survey No.93, Hothi-K Village, Zaheerabad Mandal, Sangareddy District. In addition to the said land, she is also in possession of Ac.3.00 guntas of land, classified as 'Lavani Patta', in Survey No.93/E1. The petitioner filed copies of pahanies, which reflect that she is in possession and enjoyment of the subject property. While so, the respondents tried to dispossess her from the subject property on the ground that it is a Government land. Therefore, she submitted representations dated 28.03.2018 and 02.04.2018 to the District Collector, Sangareddy District, seeking a direction not to dispossess her. As no action has been taken on the said representations, the petitioner filed this writ petition.

2.

Heard learned counsel for the petitioner and the learned Government Pleader for Revenue (T.S).

3.

In the documents enclosed along with the writ petition, the name of the petitioner is reflecting as pattadar in respect of the subject property. Therefore, the allegation made by the petitioner in the affidavit filed in support of the writ petition is nothing but an apprehension and the writ petition is in the form of pre-emptive litigation. As the petitioner claims possession and enjoyment of the said properties through

private patta and lavani patta, it is not stated why the respondent authorities dispossess her from the said lands, without following the due process of law. No material is placed on record to substantiate that the respondents are trying to dispossess the petitioner from the subject property. 4.

In the circumstances, the writ petition is dismissed. However, liberty is granted to the petitioner to avail appropriate remedies, as available to her under law, if she is dispossessed from the subject properties without following the due process of law.

Miscellaneous Petitions, if any, pending in this writ petition shall also stand dismissed. There shall be no order as to costs.

____________________ P. NAVEEN RAO, J Date: 26.04.2018 va