THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.33802 of 2025

ORDER :

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“...to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the actions of the Respondent Nos.2 to 4 in interfering with Petitioners Possession and enjoyment over the subject Lands covered in Sy.No.240 admeasuring Ac.00.08 guntas, Sy.No.245/e admeasuring Ac.00.15 guntas, Sy.No.88/e, admeasuring Ac.00.38 guntas and Sy.No.241/e, admeasuring Ac.00.11 guntas, totally admeasuring Ac.1.18.50 guntas and Lands in Sy,No.242, admeasuring Acs.00.06 guntas Sy.No.243, admeasuring Ac.00.29 guntas, situated at Bollaram Village, Jinnaram Mandal, Sangareddy District as being Unjust Arbitrary and Discriminatory in nature violative of Articles 14, 21 and 300-A of the Constitution of India in the Interest of Justice and pass...”

2. Heard Sri K.Jamali, learned counsel appearing for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue, for respondent Nos.1 to 3 and perused the record.

3. Learned counsel appearing for the petitioner would submit that the petitioner herein is the absolute owner and possessor of lands to an extent of Ac.00.08 guntas in Sy.No.240, Ac.00.15 in Sy.No.245/e, Ac.00.38 guntas in Sy.No.88/e and Ac.00.11 guntas in Sy.No.241/e, total admeasuring Ac.1.18.50 guntas, situated at Bollaram Village, Jinnaram Mandal, Sangareddy District. The petitioner is eking his livelihood by cultivating the subject lands. Alongside the subject lands, there are two more parcels of lands in Sy.No.242 admeasuring Ac.00.06 guntas, Sy.No.243 admeasuring Ac.00.29 guntas and both these parcels of land are adjoining the subject lands. From earlier point of time, the petitioner is paying cists to the government in respect of the two parcels of land and the petitioner is in possession of the same.

4. Learned counsel further submitted that respondent Nos.3 and 4 proposed to make a park over the said two parcels of land, but no demarcation has been done. Out of the two parcels of lands, one parcel of land admeasuring Ac.00.06 guntas, the name of Yadamma is reflected in the revenue records for the year 2016-2017, but as submitted above, the petitioner is in possession of the same. The staff of respondent Nos.3 and 4 visited the land of the petitioner and asked him to stop the agricultural activities on the subject land and two parcels of lands. The petitioner met respondent No.3 and requested not to evict him from the subject property. But respondent Nos.2 to 4 without any sufficient cause are interfering with the possession and enjoyment over the original land of the petitioner and two parcels of the land and their actions are totally unjust, arbitrary and illegal and respondent No.1 is bound to take action against them as per law. As there is no alternative or efficacious remedy except to invoke the jurisdiction, the petitioner filed the present writ petition.

5. Learned Assistant Government Pleader for Revenue would submit that respondent Nos.2 to 4 have proposed to build a park in lands to an extent of Ac.00.06 guntas in Sy.No.242, Ac.00.29 guntas in Sy.No.243, when they visited the same, it is found that the petitioner is in illegal possession and doing cultivation in the lands to an extent of Ac.00.06 guntas in Sy.No.242, Ac.00.29 guntas in Sy.No.243. Hence, the respondent-authorities tried to interfere only with the two parcels of the land, in which the petitioner is in illegal possession.

6. In the light of the aforesaid facts and circumstances of the case and upon perusing the material available on record, this writ petition is disposed of, directing the respondents to undertake the due process of law to evict the petitioners herein, if they are found in illegal possession of the subject lands and follow due procedure, strictly in accordance with law by putting the petitioner on notice and affording