Telangana High Court
WP/13317/2009 of Thakur Amar Singh Vs The Government of Andhra Pradesh, represented by its on 29 December 2023
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITION NO: 13317 OF 2009 Between: 1. Thakur Amar Singh, S/o.Late Jaglalsingh Business
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)
FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE
PRESENT
THE HON'BLE SRI JUSTICE J. SREENIVAS [RAO]
WRIT PETITION NO: 13317 OF [2009]
Between:
1. Thakur Amar Singh, S/o.Late Jaglalsingh [Business ][RJo.H.No.14-10-574,]Lowe Dhoolpet, Hyderabad.Lowe Dhoolpet, Hyderabad.
2. Thakur Jitender Singh, [S/o.Late Jaglalsingh Business ][R/o.H.No 14-10-574']Lowe Dhoolpet, Hyderabad. ...pETt,oNERsLowe Dhoolpet, Hyderabad. ...pETt,oNERs
AND
1. The Government of Andhra [Pradesh, represented by its, Principal ][Secretary,]Department of Revenue [(Assignment), Secretariat, Hydefqgaq]Department of Revenue [(Assignment), Secretariat, Hydefqgaq]
2. Thi: Commissioner of Land [Revenue,, Andhra Pradesh at ][Hyderabad.]
5. The District Collector,, Ranga [Reddy District at Lakdikapool, ][Hyderabad.]4. The Revenue Divisional Offlcer,, [Chevella Division, ][At ][Domalguda,]Hyderabad.4. The Revenue Divisional Offlcer,, [Chevella Division, ][At ][Domalguda,]Hyderabad.
5. T6e Tahsildar, Rajendranagar [Mandal ][at, ][Rajendranagar, Ranga ][Reddy]District District
...RESPoNDENTS
Petition under Article 226 of [lhe ][constitutron ][of ][lndia ][praying ][that ][in ][the]circumstances stated in the [affidavit ][filed ][therewith, ][the ][High ][court ][may ][be]pleased to issue a writ order or direction [more ][particularly ][one in ][the ][nature of]writ of Mandamus by [declaring ][the ][action ][of ][the ][respondents ][in ][trying ][to]dispossess the [petitioners from ][the ][land ][admeasuring ][Ac ][5-01 Gts, ][in ][sy.No.31 ][of]Nekhnampur Village, Rajendranagar [tvlandal, ][Ranga Reddy ][District, ][without]following due [process ]of [law, ][pending ][Regularization Applications, ][is ][illegal,]arbitrary and violative of [Articles ][14,21 ][and ][300-4 ][of ][the ][constitution ][of ][lndia ][and]consequently direct the [petitioners ][to ][pass ][appropriate ][orders ][on ][the]Regularization applications [of the ][petitioners.]
l.A. NO: ['l ]OF 2009(WPMP . NO: 17311 OF 2009)
Petition under Section 15'l CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased to directthe respondents 1to 5 not to dispossess the petitioners from the lands inSy.No.31 admeasuring Ac 5-01 Gts, situated in Nekhnampur Village,Sy.No.31 admeasuring Ac 5-01 Gts, situated in Nekhnampur Village,Rajendranagar Mandal, Ranga Reddy District, without following due process oflaw, pending disposal of the Writ Petition.Counsel for the Petitioner: SRI Y. RAMA RAO
Counsel for Respondents: GP FOR REVENUE
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE J. SREENT\/AS RAO
WRIT PETITION No.13317 of 2OO9
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ORDER:
This writ petition is filed seeking the following reliel " to issue a Wit order or direction moreparticularly one in the nature of Wit ofMandamus by declaing the action of therespondents in trying to dispossess thepetitioners from the land admeasuing Ac.5-01Gts. in Sg.No.31 of Nekltnampur Village,Rajendranagar Mandal, Ranga Reddg District,utithout follouing due process of law, pendingRegulaization Applications, is illegal, arbitraryand uiolatiue of Articles 14, 21 and 300-A of theConstitution of India and consequentlg direct thepetitioners to pc.ss appropriate orders on tLrcRegulaization applicatio ns of tlrc petitioners. ".
2. Heard Sri J.Rajesh, learned counsel representing Sri Y.Rama Rao, learned counsel for the petitioners and learnedAssistant Government Pleader for Revenue appearing on behalf ofrespondent Nos. I to 5.
3. Learned counsel lor the petitioners submits that petitionersare owners and possessors of the land to an extent of Acs.6-28guntas1nSy.No.28/1, Nekhnampur Village, RajendranagarMandal, Ranga Reddy District, was assigned in favour of the
petitioner's father. After his death, the petitioners are continuingin possession of the said property ald similarly the father of thepetitioner's was in possession of the land to an extent of Acs.S O1guntas in Sy.No.31 which is adjacent to the assigned land. Thepetitioners have requested the respondent to regularize the land toan extent of Acs.5-01 guntas by receiving market value viderepresentation dt: 25.04.1997 and ti11 date the respondents havenot considered the representation of the petitioners forregularization of the subject property
4. On the other hand, the respondents a-re trying to dispossessthe petitioners from the land to an extent of Acs.5-0 1 guntas inSy.No.31, without following the due process of 1aw.
5. After perusal perusal of the record it reveals that, this Court whilethe record it reveals that, this Court whilerecord it reveals that, this Court whileit reveals that, this Court whilereveals that, this Court whilethat, this Court whileCourt whilewhileadmitting the writ petition on 05.08.2009 granted interim directionin W.P.MP.No.173 1l of 2OO9, directing the respondents not todispossess the petitioners from the land in Sy.No.31 admeasuringAcs.5-01 gunats situated in Nekhnampur Village, RajendranagarMandal, Ranga Reddy District, u,ithout following the due process After perusal perusal of the record it reveals that, this Court whilethe record it reveals that, this Court whilerecord it reveals that, this Court whileit reveals that, this Court whilereveals that, this Court whilethat, this Court whileCourt whilewhile of law. The respondents have not filed counter affidavit.
6. Learned Assistalt Government pleader submits that therespondents will follor,r, the due procedure as contemplated underlaw, before taking any steps.
7 . In vieu, of the above submissions, without going into themerits of the case, the writ petition is disposed of directing themerits of the case, the writ petition is disposed of directing therespondents not to dispossess the petitioners from the subjectproperty i.e., covered by Sy.No.3l, Nekhnampur Village,property i.e., covered by Sy.No.3l, Nekhnampur Village,Rajendranagar Mandal, Ranga Reddy District, without followingthe due process of lau,.the due process of lau,.
8. With the above direction, the writ petition is disposedofaccordingly. No costs Pending miscellaneous applications, if any, shall standclosed.closed.
SD/- K. [AMMAJI]ASSrsrANr$:rTlsrRAR
//TRUE [COPY']
SECTION [OFFICER]
To'1 state [of]' The princioar secretary, Department of Revenue (Assignment)' ieLnsund' se9l"^t9lflJivddfi:X?Xt Andhra [Pradesh at ][Hvd-erabad']' The princioar secretary, Department of Revenue (Assignment)' ieLnsund' se9l"^t9lflJivddfi:X?Xt Andhra [Pradesh at ][Hvd-erabad']",. jul8::o'o3iffi E:#ri'"'"i'?ii'::$e'f E:#ri'"'"i'?ii'::$e'f 4. The Revenue [Divisio]"::t[[y$ftm:llllug "::t[[y$ftm:llllug t iilgT3n3faar, [Rajendranagar Mandal ][at' ][Rajendranagar' Ranga ][Reddv]District.District.6.il;';'c [to ][SriYRama ]1T,3drlffh'3J3;H:i." state of rerangana. [oUr]7.Two CCs [to GP For ][Revenl]8.Two CD [CoPies]7.Two CCs [to GP For ][Revenl]8.Two CD [CoPies]MBCGJPVGJPV
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HIGH COURT
DATED: 2911212023
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ORDER
WP.No.13317 of 2009
DISPOSING OF THE WRIT PETITIONWITHOUT COSTS