M. Sudershan Reddy v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY Writ Petition No.20401 of 2016 ORDER :

This Writ Petition is filed seeking to issue a writ or order or direction, more particularly one in the nature of writ of Mandamus declaring the action of respondents in attempting to dispossess the petitioner from his land in Sy.No.647, admeasuring Ac.5.00 situated at Jawahar Nagar Village, Shamirpet Mandal, Ranga Reddy District, as illegal and arbitrary and consequently direct the respondents not to dispossess the petitioner, except due process of law. The case of the petitioner is that he is in physical possession and enjoyment of land to an extent of Ac.5.00 of land in Sy.No.647, situated at Jawahar Nagar Village, Shamirpet Mandal, Ranga Reddy District, since several years. He raised mango garden there and he is harvesting the crop since the past 20 years.

In view of his long-standing possession over the subject property, he made a representation in the year 2004 to the then Mandal Revenue Officer for allotment of the land in his favour.

subject land in favour of the petitioner on payment of market value. Since there was no further progress in the matter, the petitioner filed Writ Petition No.2721 of 2011 before this Hon'ble Court and this Hon'ble Court through order, dated 14-02-2006 disposed of the writ petition as follows :

Having regard to the facts and circumstances of the case, the second respondent is directed to consider and dispose of the said proposal in accordance with law and if the petitioner is not entitled to the regularization, it is open for the respondents to take appropriate action under the Land Encroachment Act. Till such time, status quo obtaining as on today shall be maintained.

In pursuance of the same, the Collector also addressed a letter to the Revenue Divisional Officer to take action on the application of the petitioner. Without passing any orders on the application of the petitioner, the Respondents are trying to dispossess the petitioner. Aggrieved by the same, the present writ petition is filed.

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue. The learned Assistant Government Pleader for Revenue produced written instructions, dated 24-06-2016 stating that Tahsildar, Shamirpet Mandal, never attempted to dispossess the petitioner from the subject land which is covered by the mango garden.

Recording the same, the Writ Petition is closed. However, this will not preclude the competent authority from taking further action in accordance with law as observed in the order, dated

14-02-2006 in W.P.No.2721 of 2001. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand disposed of.

_________________________ A.RAJASHEKER REDDY, J.

Date:24.06.2016 skmr