THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.17657 of 2025

ORDER

This writ petition is filed seeking to declare the action of respondents in interfering with the peaceful possession of the petitioner by excavating part of the land admeasuring 960 sq.yds., in Plot Nos.3, 4, 11 and 12 situated in Survey Nos.22/1, 22/3, 27/A and 37/AA situated at Kotarmoor village, Armoor Mandal, Armoor Municipality, Nizamabad District (subject property).

2. Learned counsel for the petitioner would submit that petitioner is in peaceful possession and enjoyment of the subject property. He would submit that petitioner is bonafide purchaser of the said land under registered sale deed vide document No.2344 of 2011 dated 28.06.2011 from Sri P.Rajeshwar Reddy, P. Veda Prakash Reddy and Smt B.Mamatha. He further submit that land has been converted from agricultural land to Non-agricutural land vide proceedings No.A3/5542/2010 dated 13.10.2010 and A3/5543/2010 dated 13.10.2010 under the provisions of Telangana Agricultural Land (Conversion for Non-Agricultural Purposes), Act, 2006. He relied upon the demarcation certificate dated 24.12.2010 along with map which demonstrate that there is no government land included in the proposed layout. He would further submit that the said layout has been approved vide Lr.No.L.Dis.No.1304/HRO/H1 dated 24.02.2011 through L.P.No.07/2011/HRO of Regional Deputy Director, Town Country Planning, which shows the subject land as commercial area. He would further submit that a few individuals claiming to be from the office of respondent No.4, 5 and 6 have attempted to interfere with the possession of the petitioner on 16.06.2025 by digging in the land but the same was resisted by the petitioner. Aggrieved by the said action, the present writ petition is filed.

3. Learned counsel for the petitioner would further submit that land in question has clear title flown from the original pattedars through which the petitioner has become successor, without issuing any notice and without following the procedure contemplated under law trying to interfere with the possession of the petitioner is illegal and thus, would seek to allow the writ petition.

4. Per contra, learned Assistant Government Pleader for Revenue submits that admittedly the land in question has been converted from agricultural land to non agricultural land vide proceedings dated 13.10.2010 under the Telangana Agricultural Land (Conversion for Non-Agricultural Purposes), Act, 2006 and further submits that demarcation has also been done and demarcation certificate dated 24.12.2010 along with map is issued stating that no government land is included in the proposed lay out and layout permission has been given vide proceedings dated 24.02.2011 through Regional Deputy Director, Town Country Planning and further submits that respondent Nos.4 has never interfered with the subject property. He further submits that in the case No.E2/34/2020, dated 28.05.2025, a joint survey has been conducted. Accordingly, consequential action has been taken and land has been taken into the possession of official respondents in the presence of Panchas and hence question of interference into the subject property does not arise. He would further submit that all these aspects are not brought to the notice of this Court by the petitioner and the petitioner has not challenged the proceedings issued by the District Collector in Case No.E2/34/2025, dated 28.05.2025 and if aggrieved, the petitioner ought to have taken necessary recourse against the vendors of the petitioner herein and the said proceedings is not under challenge before this Court. Therefore, this writ petition is filed under misconception and hence, would seek to dismiss the writ petition.

5. Sri Laxmalla Sandeep, learned Assistant Government Pleader for Irrigation appearing for respondent No.5 submits that land in question pertains to Canal D-82/2/1/2 which has become defunct about 40 to 50 years and as per the directions of Di