Mullagiri Satyanandam v. The State Of Telangana

THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 14947 of 2015 ORDER:

Heard learned counsel for the petitioners and the learned Government Pleader for respondents.

2. The petitioners state that they are absolute owners and possessors of the following property situated at Tuntur village, Sattupalli mandal, Khammam district:

1st petitioner - Ac.1-00 guntas in Survey No.263/147/A 2nd petitioner - Ac.1-00 guntas in Survey No.263/39 3rd petitioner - Ac.0-22 guntas in Survey No.263/51 4th petitioner - Ac.1-00 guntas in Survey No.263/27

3. The petitioners state that they are all agriculturists and belong to Scheduled Tribe community and that they are having pattas with respect to the above lands and their names were also mutated in the revenue records. While so, respondents 2 to 6 are taking steps to construct a tank under Mission Kakatiya.

4. It is needless to state that if the State wants private property for any public purpose, it has to follow due process of law. It is the case of the petitioners that no notice was issued to them while interfering with their possession of the property held by them.

5. In the circumstances, this writ petition is disposed of directing the respondents 2 to 6 to follow due process of law if the respondents 2 to 6 want

any portion of the private patta land of the petitioners for any public purpose. Till such time, the possession of the land of the petitioners shall not be interfered with.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_______________________________ A. RAMALINGESWARA RAO, J 28th May, 2015 ksm