2025 Supreme(Telangana) 155
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA, J.
Smt. Podishetty Thirapamma - Appellant
Versus
The State of Telangana - Respondent
Writ Petition No.15404 of 2025
Decided On : 28-05-2025
Advocate Appeared:
For the Appellant : KRISHNA KISHORE KOVVURI
For the Respondent: GP FOR REVENUE
The court affirmed the necessity of adhering to principles of natural justice, requiring authorities to allow petitioners to explain their claim before any dispossession of property.
Headnote:(A) Writ Jurisdiction - Principles of Natural Justice - Writ of Mandamus - Petitioner's claim over agricultural land disputed by third party - Impugned notice for dispossession issued by revenue authorities - Petition allowed directing authorities to consider petitioners' explanation and not to interfere with the subject property pending due process. (Paras 1-9)
(B) Petitioners' ownership established through recorded title and pattadar passbook - Rights over both ancestral and self-acquired property confirmed.
Findings of Court:
Court directed the authorities to afford a hearing and pass appropriate orders based on petitioners' submission.
Issues: The primary issue was the legality of the notice issued for dispossession and whether the principles of natural justice were followed.
Ratio Decidendi: Court emphasized the necessity of an opportunity to be heard before any dispossession occurs, adhering to principles of natural justice.
Result: Writ petition disposed of with directions.
| Table of Content |
|---|
| 1. need for explanation to notice by petitioners. (Para 2 , 7) |
| 2. petitioners' claim over ancestral and self-acquired property. (Para 3 , 4) |
| 3. interference from respondent no.5 regarding property. (Para 5 , 6) |
| 4. court’s instruction on petitioners' explanation. (Para 8) |
| 5. final directions and order of the court. (Para 9 , 10) |
ORDER :
(NAGESH BHEEMAPAKA, J.)
This writ petition is filed seeking the following prayer:-
“…..pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 4th respondent in 7 issuing the impugned notice No.6/159/2024 dated 27.05.2025 and consequential attempt to dispossess the petitioners from the agricultural lands in an extent of Ac.1-00 guntas of Sy.No.451/AA1/1/1/1 an extent of Ac.1-00 guntas of Sy.No.451/AA1/1/1/2 an extent of Ac.0-20 guntas of Sy.No.451/E7 an extent of Ac.0-17 guntas of Sy.No.451/E/5 an extent of Ac.1-00 guntas of Sy.No.451/AA1/1/1/3 an extent of Ac.0-22 guntas of Sy.No.451/AA1/1/2 and in an extent of Ac.1-00 guntas of Sy.No.451/AA1/1/1/4 situated at Thangellagudem, H/o Cheedella of Penpahad Mandal, Suryapet District, at the instance of 5th respondent as illegal arbitrary and violative of principles of natural justice and consequently set aside the impugned notice No.6/159/2024 dated 27.05.2025 passed by the 4th respondent and further also direct the 4th respondent not to dispossess the petitioners from the agricultural lands in an extent of Ac.1-00 guntas of Sy.No.451/AA1/1/1/1 an extent of Ac.1-00 guntas of Sy.No.451/AA1/1/1/2 an extent of Ac.0-20 guntas of Sy.No.451/E7 an extent of Ac.0-17 guntas of Sy.No.451/E/5 an extent of Ac.1-00 guntas of Sy.No.451/AA1/1/1/3 an extent of Ac.0-22 guntas of Sy.No.451/AA1/1/2 and in an extent of Ac.1-00 guntas of Sy.No.451/AA1/1/1/4 situated at Thangellagudem, H/o Cheedella of Penpahad Mandal, Suryapet District, and to pass…”
2. Heard Mr. Krishna Kishore Kovvuri, learned counsel for the petitioners, and Mr. T. Swetcha, learned Assistant Government Pleader for Revenue, appearing for respondent Nos.2 to 4.
3. The case of the petitioners is that the father of the petitioners was the absolute owner of the land admeasuring Acs.4-22 guntas in Survey No.451, situated at Thangellagudem, H/o. Cheedella of Penpahad Mandal, Suryapet District, (for short ‘ancestral property’), and land admeasuring Ac.0-20 guntas and Ac.0-17 guntas in Survey Nos.451/E7 and 451/E/5 respectively situated at Thangellagudem, H/o. Cheedella of Penpahad Mandal, (for short ‘self acquired property’) was purchased by petitioner No.1 vide registered document bearing No.1694 of 2010 dated 19.02.2010 and 1961 of 2010 dated 26.02.2010 respectively. The father of the petitioners was issued pattadar passbook and title deed in respect of their ancestral property. After the death of his father, petitioners divided the ancestral property among themselves and got mutated their names in the revenue records and they were also issued pattadar passbooks.
4. It is submitted that when respondent No.5 tried to interfere with the ancestral property of the petitioners, the father of petitioners filed a suit in O.S. No.210 of 2012 on the file of learned Principal Junior Civil Judge, Suryapet, (for short ‘Trial Court’) which was decreed on 08.09.2022. Aggrieved by the same, respondent No.5 preferred an appeal in A.S. No.48 of 2022 before the learned Principal District Judge, Suryapet, for setting aside the judgment and decree dated 08.09.2022 passed by the Trial Court in O.S. No.210 of 2012, and the same is pending for consideration.
5. It is submitted that respondent No.5 is claiming Acs.2-00 guntas in Survey No.451 of Thangellagudem, H/o. Cheedella of Penpahad Mandal. As his mutation application was rejected, he filed W.P. No.24445 of 2024, which was disposed of by this Court by the order dated 04.09.2024. Pursuant to the said order, respondent No.4 issued impugned notice No.B/159/2024 dated 27.05.2025 calling upon the petitione