THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.7516 of 2020

ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief/s:- “… to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of Respondent authorities, in particularly Respondent Nos.4, 5 and 6 in interfering into the petitioner peaceful possession and enjoyment of Land in Sy.No.636/5, extent of Ac.3-20 guntas situated at Koppoll-I village of Gurrampode Mandal, Nalgonda District of the petitioner and trying to dispose the petitioner from his patta land without notice and due process of law as arbitrary, illegal, unjust and violative of principles of natural justice and consequently direct respondent Nos.4, 5 and 6 not to interfere into the peaceful possession and enjoyment of the above said patta land of the petitioner and to pass such other orders …”

2. Heard Ms.B.Rajeshwari, learned counsel for the petitioner, Mr.H.Rakesh Kumar, learned Assistant Government Pleader representing learned Government Pleader for Revenue appearing for respondent Nos.1 to 4 and Sri T.Bala Mohan Reddy, learned counsel for respondent Nos.7 to 10 appearing on-line. Perused the record.

3. The brief facts of the case are that the petitioner is the absolute owner and possessor of the land admeasuring Acs.3-20 gts. in Survey No.536/5 situated at Koppoll-I Village of Gurrampode Mandal, Nalgonda District and that the same way acquired by way of an ancestral property; that initially, the revenue authorities had issued pattadar passbook to the petitioner’s forefather and subsequently the revenue authorities issued patta passbook, entered the name of the petitioner in the revenue records; that respondent Nos.7 to 10 in collusion with the official respondents are trying to interfere into the peaceful possession of the petitioner without any right and thereby damaged the boundary pole and fencing; that the respondent-police, high- handedly tried to interfere with the civil disputes and tried to dispossess the petitioner from the subject property, without following due process of law. Aggrieved by the same, the petitioner filed the present Writ Petition.

4. Learned counsel for the petitioner submits that she has given ‘NOC’ to the petitioner. However, she seeks to pass appropriate orders.

5. Learned Assistant Government Pleader for Revenue, by furnishing the copy of written instructions passed on to the learned Government Pleader for Revenue by the 4th respondent/Tahsildar submits that the Office has neither visited the petitioner’s land nor tried to dispossess him from the subject land. Therefore, the allegation that the respondent authorities are interfering with the petitioner’s land is untenable. Hence, he states that the Writ Petition is misconceived and liable to be dismissed.

6. Learned counsel for unofficial respondent Nos.7 to 10 appearing on-line contends that unofficial respondent Nos.7 to 10 are formal parties to the Writ Petition and seeks to pass appropriate orders.

7. This Court vide order dated 03.06.2020 directed respondent Nos.5 and 6 not to interfere with the possession of the petitioner over the subject land.

8. Having regard to the submissions of all the learned counsel and upon careful scrutiny of the material available on record, this Court deems it appropriate to dispose of the Writ Petition by directing respondent Nos.5 to 6 not to interfere with the possession and enjoyment of the petitioner over the subject property without following due process of law. No costs.

As a sequel, miscellaneous applications pending in this petition, if any, shall stand closed.

____________________ E.V.VENUGOPAL, J Date: 14.08.2025

ESP/NSK