Smt. Amena Butool v. The State Of Telangana

THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI WRIT PETITION No.41847 of 2022 ORDER:

This Writ Petition is filed seeking a writ of mandamus declaring the action of the respondent No.3 in trying to interfere with the possession of the petitioner in the land admeasuring Ac.0-7.5 gts in Sy.No.114 situated at Malleyboinpalle, Jedcherla Mandal, Mahaboobnagar District as illegal and arbitrary and consequently to direct the respondent No.3 not to interfere with the said property and to pass such other order or orders.

2.

Brief facts leading to the filing of the present Writ Petition are that the petitioner claims to be the absolute owner and possessor of the land admeasuring Ac.0-7.5 gts in Sy.No.114 situated at Malleyboinpalle, Jedcherla Mandal, Mahaboobnagar District, having purchased the same under Registered Sale Deed dated 08.09.1994 bearing doc.No.2206 of 1994. It is submitted that the petitioner's land has boundary within the forest land and without any reason, the respondent No.3 is trying to interfere with her possession and therefore, the petitioner has made representation dated 29.06.2022 to the respondent No.3 for joint survey of the land in Sy.No.114 to ascertain the boundaries of Forest land and subject property. It is submitted that on 17.08.2022, a notice was also given to the petitioner

intimating that the survey would be conducted on 06.09.2022 but the survey was not conducted for some or the other reason but in the meantime, the respondent No.3 is interfering with her possession. 3.

Learned Government Pleader for Forests is also heard. He submits that they are not interfering with the possession of the petitioner's property.

4.

In view of the above submissions, this Court deems it fit and proper to direct the respondent No.3 not to interfere with the petitioner's property in Sy.No.114 to the extent of Ac.0-7.5 gts till the joint survey is conducted and the boundaries are fixed between the property of the petitioner and the forest land. The petitioner is directed to cooperate for conducting of the joint survey and early resolution of the issue.

5.

Accordingly, the Writ Petition is disposed of at the admission stage. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

_____________________________ JUSTICE P.MADHAVI DEVI Date: 17.11.2022 PRN /TU

THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI WRIT PETITION No.41847 of 2022 Date: 17.11.2022 PRN /TU