THE HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.1024 of 2023

ORDER:

This writ petition is filed to declare the action of respondent Nos.4 and 5 in seeking to dispossess the petitioner from his house Plot admeasuring 484 Square Yards (Ac.0.04 guntas) forming part of Sy.No.860/C, situated at Nennel Village and Gram Panchayat, Mancherial District, without issuing any notice and without following due process of law, as illegal, arbitrary, in violation of principles of natural justice and in violation of Articles 14, 21 and 300 A of the Constitution of India.

2. Heard Sri A.Praneeth, learned counsel representing Sri P.Lakshma Reddy, learned counsel on record for the petitioner, learned Assistant Government Pleader for Revenue and Sri K.Pradeep Reddy, learned Standing Counsel for respondent Nos.5 and 6.

3. Learned Counsel for the petitioner would submit that the petitioner is the absolute owner and possessor of the house Plot admeasuring 484 square yards (Ac.0.04 guntas) forming part of Sy.No.860/C, situated at Nennel Village and Gram Panchayat, Mancherial District (for short ‘subject plot’), having purchased the same through registered sale deed vide Document No.4135/2017 dated 15.05.2017 from its original owner; and the petitioner’s name was mutated in the revenue records vide proceedings No.MN/NE/56/2017-21, dated 21.06.2017 and E-Pattedar Pass book cum title deeds were also issued to the petitioner. He further submits that the petitioner made application before the 4^th respondent for conversion of the subject plot from agricultural to non-agricultural purpose; and that the 4^th respondent after due verification of records, accorded permission for conversion of subject plot from agricultural to non-agricultural vide Proceedings No.2101135301, dated 16.12.2021.

4. Learned counsel for the petitioner would submit that as per Section 114(3) of The Telangana Panchayat Raj Act, 2018, if the Gram Panchayat does not take a decision on the application within fifteen days, it is deemed to be approved if all valid documents are submitted to the Gram Panchayat concerned, in the manner prescribed; and that in view of deemed approval, the petitioner commenced construction and completed the same.

5. Learned counsel for the petitioner would submit that when an objection with regard to the said construction was raised, the 5^th respondent sought clarification from the 4th respondent vide letter dated 22.02.2022; and that the 4th respondent after conducting thorough enquiry addressed letter dated 24.02.2022 to the 5^th respondent stating that the subject plot in Survey No.860 is a private patta land and that the same does not form part of ceiling land or laoni patta or Government land.

6. Learned Counsel for petitioner would submit that while the matter stood thus, the officials of respondent Nos.4 and 5 on a complaint purported to have been given by the villagers came to the petitioner’s subject plot and directed the petitioner to vacate the said plot, without any notice and without following due process of law. Aggrieved by the same, present writ petition is filed.

7. Learned Counsel for the petitioner would further submit that right to property is a constitutional right protected under Article 300-A of the Constitution of India; that the petitioner is the owner and possessor of the subject plot having purchased the same through registered sale deed; and that the respondents without issuing any notice and without following due process of law are interfering with the possession of the petitioner over the subject plot despite letter dated 24.02.2022 addressed by the 4th respondent by which it is clear that the subject plot is a private patta land and does not form part of ceiling land or laoni patta or Government land.

Therefore, prayed to allow the writ petition.

8. Learned Assistant Government Pleader for Revenue and learned Standing Counsel for respondent Nos.5 and 6 would submit that the respondents will follow due process of law in ca