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2025 Supreme(Telangana) 2098
IN THE HIGH COURT FOR THE STATE OF TELANGANA
LAXMI NARAYANA ALISHETTY, J.
Sodi Sayamma – Appellant
Versus
The State of Telangana and Others – Respondents
W.P. No. 10 of 2020
Decided On : 09-12-2025
Advocate Appeared:
For the Appellant : V Raghunath
For the Respondent: GP For Revenue (TG)
Writ jurisdiction is not available if an alternative remedy exists, unless exceptional circumstances such as natural justice violations or jurisdiction absence are established.
Headnote:(A) Constitution of India - Articles 14 and 21 - Telangana Land Encroachment Act, 1905 - Writ for Mandamus - Proceedings ordered for vacating agricultural land based on allegations of fraud were deemed arbitrary for not affording opportunity of hearing to the petitioner. Writ Petitioner claimed ownership of land as a member of scheduled tribe, issuing Form-1B and pattadar passbook in 2019. Court found that the Tahsildar acted within jurisdiction but proper procedures were not followed. (Paras 1, 5, 26)
(B) Alternative Remedy - Writ jurisdiction should not be exercised when an effective alternative remedy exists, unless under exceptional circumstances such as violation of natural justice or absence of jurisdiction - The petitioner failed to pursue the appeal remedy before the Collector under Section 10 of the Act, making the Writ Petition unmaintainable. (Paras 11, 12, 25)
Findings of Court:
The impugned order lacked adherence to the principles of natural justice, as the petitioner was not given an opportunity to be heard prior to the proceedings initiated against her husband, violating the legal standard expected from administrative actions. (Paras 24, 26)
Issues: The primary issue was whether the Writ Petition was maintainable in light of the actionable remedy available under the Act.
Ratio Decidendi: The court affirmed that remedies outlined in legislation should be pursued first; the petitioner’s approach to the Writ Court was inappropriate as an alternative remedy was clear and available. (Paras 20, 24)
Result: Writ Petition dismissed with liberty granted to approach the appropriate forum.
| Table of Content |
|---|
| 1. petitioner claims ownership of land. (Para 1 , 2 , 3 , 4) |
| 2. arguments about proper procedure and legal standing. (Para 5 , 6) |
| 3. court considers the writ petition's maintainability. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. conditions under which writ can bypass alternative remedies. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 5. court concludes the writ petition is not maintainable. (Para 21 , 22 , 23 , 24 , 25) |
| 6. writ petition dismissed but liberty granted to approach proper forum. (Para 26 , 27 , 28) |
ORDER :
1. This Writ Petition is filed to issue a writ of Mandamus declaring the proceedings vide RC.No.B/356/2019, dated 16.12.2019, issued by respondent No.2 in respect of agricultural land bearing Sy.No.55/88/A, admeasuring Acs.12.35 guntas situated in Kachanapalli Village, Bhadradri-Kothagudem District as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and the provisions of the Telangana LAND ENCROACHMENT ACT , 1905.
2. Heard Sri V.Raghunath, learned senior counsel appearing for the petitioner, and learned Assistant Government Pleader for Revenue appearing for the respondents.
3. By the impugned proceedings, respondent No.2 ordered the husband of the petitioner to vacate the subject land and handover the same to the Government. Aggrieved by the said order, the present Writ Petition is filed.
4. Concisely stated, the case of the petitioner, as averred in the writ affidavit, is that considering her poverty and as she belongs to scheduled tribe-koya community, she was issued Form-1B and pattadar passbook in respect of the subject land in the year 2019 and thus, she became absolute owner of the same. She got married to a muslim person and begot three sons and two daughters and that, all their children are following Koya customs and rites and they are identified as Koyas in their Village. While the things stood so, the respondents issued show cause notice under Section 7 of the LAND ENCROACHMENT ACT to her husband in respect of the subject land which stands in her name and that she apprehends that respondents-authorities may forcibly dispossess her from the subject land and hence, the present Writ Petition.
5. Learned counsel for the petitioner inter alia contended that albeit the subject land stands in the name of the petitioner, for which she was issued Form-1B and pattadar passbooks, the impugned proceedings were issued in the name of the husband of the petitioner, without serving any notice on the petitioner and without affording an opportunity of hearing to the petitioner. Thus, the respondents without following the due procedure prescribed under law, issued the impugned proceedings, which exhibits the arbitrary exercise of powers and also, there is violation of principles of natural justice and hence, the learned counsel prayed to allow the Writ Petition.
6. On the other hand, learned Government Pleader for Revenue inter alia contended that the petitioner, a schedule tribe, was granted pattadar pass book vide Khata No.123 in respect of lands total admeasuring Acs.24.30 guntas situated in various survey numbers of Kachanapally Village, but, she and her husband obtained another pattadar passbook in respect of the subject land vide Khata No.443 in respect of Sy.No.55/88 to an extent of Acs.12.35 guntas which is subject land claimed by the petitioner by playing fraud on the authorities and misconceiving the facts and further, the subject land was in possession and enjoyment of the husband of petitioner, who is a non-tribal, and as such, is not entitled to assignment of Government land as Kachanapally is a schedule area of Gundala Mandal, therefore, necessary action has been initiated against him under the provisions of the LAND ENCROACHMENT ACT , 1905. Learned Government Pleader further submitted that in the above factual scenario of the case, respondent No.2-Tahsildar has rightly passed the impugned proceedings under the LAND ENCROACHMENT ACT , 1905 (for short ‘the Act’) by followin
