Marri Nagaiah v. The State Of Telangana And 3others
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) THURSDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITIO N NO: 31660 OF 2022 Between:
Marri Naoaiah. S/o. Late lvlarri Ramaiah, Aged about 63 years, agriculture' Resident -of H.No. 1-76, Gareebpeta Rural, Kothagudem, Bhadradri-Kothagudem District.
...PETITIONER AND
1. The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad
2. The District Collector, Kothagudem, Bhadradri-Kothagudem District
3. The Revenue Divisional Officer, Kothagudem Division, Bhadradri Kothagudem District.
4. The Tahsildar, Sujathanagar, Sujathanagar Mandal, Bhadradri-Kothagudem District.
...RESPONDENTS Petition under Article 226 of lhe constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring action of The Tahsildar, sujathanagar, 4th respondent herein, in interfering with petitioner peaceful possession and enjoyment of petitioner agricultural land in sy. No. 1 032/4 an extent of Ac. ',l -02 Gts. situated in Sujathanagar village and Mandal, Bhadradri-Kothagudem District without any notice or proceedings initiated against petitioner and same being illegal, arbitrary and against to principles of natural justice and also against to
provisions of Act 30 of 2013 and Art. 3004 of the Constitution of lndia, 1950 and consequently direct respondents not to interfere with petitioner peaceful possession and enjoyment of petitioner agricultural land in Sy. No. 1032/A an extent of Ac. 1-02 Gts. situated in Sujathanagar Village and Mandal, BhadradriKothagudem District. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to interfere with petitioner peaceful possession and enjoyment of petitioner agricultural land in Sy. No. 1032/4 an extent of Ac. 1-02 Gts. situated in Sujathanagar Village and Mandal, Bhadradri-Kothagudem District pending disposal of writ petition.
Counsel for the Petitioner: SRI R. R. KALYAN Counsel forthe Respondents: AGP FOR REVENUE The Court made the following: ORDER
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.31660 of oo22 ORDER:
This Writ Petition' under Article 226 of t]ne Constitution of lr India, is filed seeking to declare the action of the Tahsildar' the 4s respondent herein, in interfering with the petitioner's agricultural land in Survey No'1032/A to an extent ofAc'1-02 guntas' situated in Sujathanagar Village and Mandal' Bhadradri-Kothagudem District, without any notice or proceedings initiated against the petitioner, as arbitrary and illegal'
2.
Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue' 3.
It is the case of the petitioner that he is the absolute owner and Possessor of the aforesaid property' But' the 4th and without following due respondent without issuing any notice petitioner from the subject process of law, trying to dispossess the proPerty.
4Today' when the matter is taken up' learned Assistant Government Pleader for Revenue placed before this Court the written instructions received from respondent No'4' From the written instructions' it is seen that the petitioner is having a
pattadar passbook in respect of iand admeasuring Ac.O-20 guntas, situated in Survey No.1O32/AA and it is also seen that the petitioner has purchased an extent of Ac.O-22 guntas situated in Survey No.1O32/AA/1 from one Medara Peda Khasim and the said extent of land is yet to be updated in the name of the petitioner. However, there is no dispute that the petitioner is in possession of the said extent of Ac.O-29 guntas of land situated in Survey No. 1032. It is lurther stated in the written instructions that respondent No.4 is no way interfering with the patta land of the writ petitioner situated in Survey No. 1O32 and it is only the land situated in Survey No.31 to an extent of Ac. i-OO guntas situated at Nimmalagudem Village, was handed over to the Secretary, Gram Palchayat, Nimmalagudem to erect the Telangana Grameena Kreeda Praanganam.
5.
In the light of categorical statement made in the written instructions furnished by respondent No.4, there is no much dispute involved and no further adjudication need be done. 6.
In the circumstances, the Writ Petition is disposed of directing respondent Nos.2 to 4 not to interfere with the patta land claimed by the petitioner to an extent of Ac.l-O2 guntas situated in Survey No. 1032 (1O32IAA and lO32lAAlll of Sujathanagar Village and Mandal, Bhadradri-Kothagudem District
//// Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. No costs.
SD/.K.ONESIM DEPUTY. REGISTRAR (il) SECTION OFFICER ..'r //TRUE COPY// \ To, Revenue Department, State of Telangana'
1. The PrinciPal Secretary'
secretariat, HYderabad 2.TheDistrictCollector,Kothagudem,Bhadradri.KothagudemDistrict 3- The Revenue Divisional Kothagudem District'
Officer, Kothagudem Division'
Bhadradrir, Sujathanagar Mandal, Bhadradri-Kothagudem
4. The Tahsildar, Sujathanaga District.
5. One CC to SRI R' R' KALYAN' Advocate [OPUC] 6- Two CCs to GP for Revenue' High Court for the State of Telangana at HYderabad. [OUT]
7. Two CD CoPies'
8. One SPare CoPY MP GJP / ('l'
HIGH COURT DATED:0410812022 , {t\ t: n Ar€ 2 [ AIJE 2$I2 q-) I.
ORDER
* cispArc?
WP.No.31660 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \