Alluri Gandhi Raju, v. State Of Telangana

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.18371 OF 2018 O R D E R :

This petition is filed for a writ of Mandamus declaring the action of the 4th respondent-Venkatapuram, Bhoopalapally, Jayashankar District, in asking the petitioner to handover land to an extent of H.10-12 Aries, in Survey No.129/1, situated in Uppeduveerapuram Village, Venkatapuram Mandal, Bhoopalapally-Jayashankar District, to unofficial respondents, as illegal and arbitrary and consequently direct the respondents not to disturb the possession of the petitioner over the aforesaid subject land, without following due process of law.

Heard learned counsel for the petitioner and learned Government Pleader for 1st respondent and Government Pleader for Revenue.

Admittedly, when the unofficial respondents are interfering with the possession of the petitioner over the subject land, the petitioner filed suit in OS.No.446/2016 for permanent injunction and also IA.No.488/2016 seeking temporary injunction against the unofficial respondents and the Mobile Court, Bhadrachalam by order dated 10.10.2016 granted temporary injunction.

But, now the official respondents 2 to 4 are trying to interfere with the possession of the petitioner over the subject land.

As long as injunction order is operating, without following due process, the official respondents 2 to 4 cannot interfere with the possession of the petitioner. In view of the same, the respondents 2 to 4 are directed not to interfere with the possession of the petitioner, without following due process of law. However this order has no bearing for deciding the suit in OS.No.446/2016 and the trial Court is to decide the suit on its merits.

Accordingly, the writ petition is disposed of. No order as to costs.

As a sequel thereto, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _______________________________ A.RAJASHEKER REDDY, J 05.06.2018 t k.