HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.11859 of 2025

ORDER:

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

“….to issue a Writ of Mandamus or any other appropriate Writ, Order or Direction declaring the action of Respondents more particularly the respondent No.4 in attempting to dispossess Petitioners from their patta land totally admeasuring 9501.08 Sq. Yds/ Ac. 1. 38 Gts in Survey No.81 situated at Deshaipet village, Warangal Mandal and District without issuing any notice or following the due process of law as illegal unreasonable discriminatory arbitrary and violation of Articles 14 and 21 and 300A of the Constitution of India and consequently direct the Respondents not to interfere and dispossess the Petitioners from their patta land totally admeasuring 9501.08 Sq.Yds/ Ac.1.38 Gts in Survey No.81 situated at Deshaipet village, Warangal Mandal and District illegally without following due process of law…”

2. Considered the submissions of the learned counsel for the petitioners; Sri L. Ravinder, learned Assignment Government Pleader for Revenue appearing for the respondents and with their consent this writ petition is disposed of at the admission stage.

3. It is stated that the petitioners have purchased various extents of lands in Sy.No.81 situated at Deshaipet Village, Warangal Mandal and District, through various registered sale deeds in the year 2018 and since then they are in possession and enjoyment of the said property, and the names of their vendors and predecessors-in-interest were depicted in the revenue records as pattadars and possessor of the subject property, and respondent No.4-Tahsildar has also issued Memo vide Rc.No.A3/Records/09, dated 27.07.2009 stating that the land in Sy.No.81 is a patta land and not the Government land. It is the case of the petitioners that having issued the Memo stating the subject land as patta land, the respondent authorities are interfering with their possession, causing inconvenience for their enjoyment over the subject property and are making efforts to dispossess them from the subject property, and the respondent authorities have also erected Board in the subject property stating that the land in Sy.No.81 is Government land, which is contrary to the Memo dated 27.07.2009. 4. Learned Assistant Government Pleader for Revenue appearing for the respondents disputed the nature and classification of the subject property.

5. Admittedly, it is the case of the petitioners that they have purchased the subject property through registered sale deeds. It is seen from the record that respondent No.4 has issued Memo dated 27.07.2009 stating that the land in Sy.No.81 is not a Government land and the same is a patta land. Except filing the photographs, no evidence and documents are placed before this Court to substantiate as to how and when the patta lands have become Government lands. The lands would be depicted in the revenue records as Government lands when they are acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or declaring the said lands as surplus lands under the provisions of the Telangana Land Reforms (Ceiling On Agricultural Holdings) Act, 1973; and in the absence of the above methods, the Government is not having any right to claim the patta lands as Government lands. The above issues are required to be examined only after conducting a detailed enquiry.

6. In view of the above, and since it is stated that the petitioners have purchased the subject property by way of registered sale deeds and they are in peaceful possession, this Court is of the opinion that ends of justice would be met if respondent No.4-Tahsildar is directed to follow due process of law by issuing notices, if the Government is claiming any rights over the subject property in Sy.No.81, and after considering the documents submitted by the petitioners, further course of act