THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.19674 OF 2023

O R D E R

In this Writ Petition, the petitioners are challenging the action of the 2^nd respondent in issuing notices dt.04.07.2023 and 12.07.2023 to the 2^nd petitioner and in not considering the explanations offered by the 2^nd petitioner dt.07.07.2023 and 15.07.2023 respectively and in not taking into consideration that the subject property has been transferred in the name of the 2^nd petitioner by the 1^st petitioner vide gift deeds Document Nos.8199 of 2022, 8200 of 2022, 8201 of 2022, 8202 of 2022 and 8203 of 2022 all dt.13.09.2022 and in dumping a container house in the 2^nd petitioner’s property by erecting a name board in the name of “Telangana Kreeda Pranganam”, as illegal and arbitrary and consequently to direct the respondents not to interfere with the possession and enjoyment of the petitioners’ house plots in total to an extent of 1500 square yards situated at Ummapur Village, Chinthapally Mandal, Nalgonda District and to pass such other order or orders.

2. Brief facts leading to the filing of the present Writ Petition are that the 1^st petitioner has filed the writ affidavit stating that the 2^nd petitioner and his father were in possession of the Grama Kantam land for a long time without interruption from anybody except the unofficial respondents, i.e., respondents No.6 to 10. It is submitted that there was personal grudge developed by the 5^th respondent towards the 2^nd petitioner as the 2^nd petitioner had made a complaint against him before the official respondents for misappropriation of funds of the Gram Panchayat and therefore, he tried to interfere with the possession of the subject property of the petitioners herein. It is submitted that the 2^nd petitioner and his father were living in the subject land and that the 2^nd petitioner had constructed a house and a cattle shed therein and the Gram Panchayat has also issued house numbers and the petitioners are paying the house tax. It is submitted that the said house got damaged and due to old age, the 2^nd petitioner has executed registered gift deeds in favour of the 1^st petitioner and the possession has been delivered to her and that the Gram Panchayat has also allotted house numbers for the subject house plots and that the 1^st petitioner is paying house tax to the Gram Panchayat. It is stated that the unofficial respondents had demanded for sale of the house plots to them and since the 1^st petitioner refused to sell the same, they have made a complaint against the 2^nd petitioner to the 2^nd respondent alleging that he has occupied the Grama Kantam land and accordingly, the 2^nd respondent issued a notice to the

2^nd petitioner on 04.07.2023 to which the 2^nd petitioner has submitted his explanation on 07.07.2023 along with relevant documents. It is stated that another notice dt.12.07.2023 was also issued to the 2^nd petitioner, who submitted his explanation on 15.07.2023 and thereafter, no orders have been passed thereon. In the meantime, when the unofficial respondents tried to occupy the subject land, the 1^st petitioner has approached the civil Court by filing O.S.No.111 of 2023 and an ad interim injunction was granted in I.A.No.278 of 2023 by the Principal Junior Civil Judge’s Court at Devarakonda. It is submitted that thereafter, the official respondents have dumped an iron container in the petitioners’ land by erecting a board in the name of “Telangana Kreeda Pranganam” and therefore, the petitioners lodged a police complaint, but since the police did not take any action, the petitioners have approached this Court. It is submitted that the respondents are trying to dispossess the petitioners from their peaceful possession of the subject land. It is stated that even though the subject land is Grama Kantam land, it is not the land of the Gram Panchayat and therefore, the action of the respondents in issuing the notices claiming the land to be Gram Panchayat land is illegal and arbitrary. In supp