Disposed

Bollagani Nageswar Rao, And 3 Others v. The State of Telangana, And 3 Others

Telangana HC18 Apr 2022WP/7673/2021

Case brief

AI extract

What is this about?

High Court disposed of a writ petition challenging possession threats. It directed the Tahasildar to conduct a survey of disputed land before the High Court itself instead of immediate dispossession, ensuring notice to parties.

What did the court decide?

Directed the Tahasildar to conduct the survey through the Mandal Surveyor, issuing notice to parties, and not to dispossess petitioners without following legal procedure.

Bollagani Nageswar Rao, And 3 Others Vs The State of… — Land Acquisition | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGA,NA AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND TWENTYTWO

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PRESENT

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THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY

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WRIT PETITION NO: 7673 OF 2021

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Between:

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'1 . Bollagani Nageswar Rao, And 3 Others- S/o Narayana age. 47 yeats, Occupation Toddy Tapper/Agriculture, Rl/o^{Pusugudem Village,Ir/ulakalapatly} Mandal, Bhadradri Kothegudem Dist

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Bollagani Venkateswarlu, S/o Narayana age^{44 years, Occupation . Toddy} Tapper/Agriculture, Fl/o Pusugudem Village, Mulakalapally^{Mandal, Bhadradri} Kothegudem Dist

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Bollagani Dasaradh, S/o Narayana, aged 38^{years Occupation Agric_ultureRl/o} Pusugudem Village, Mulakalapally [/andal, Bhadradri^{Kothegudem Dist}

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Bollagani Mangapathi, S/o Narayana aged 36^{years, occupatior Toddy} Tapper/Agriculture, Ri/o Pusugudem Village, Mulakalapally^{[Vandal, Bhadradri} Kothegudem Dist

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...PETITIONERS

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AND

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1 The State of Telangana, rep by its Principal secretary^{Tribalwelfare} Department Secretariat Hyderabad.

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The Tahasildar, lvlulakalapally Mandal , Bhadradri^{KothegudemDist}

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Bhukya Bhadru, S/o Pakiru aged about 50^{years,Occupation .liquor business} Pusu!udem village ,[t/ulakalapally^{IVlandal,BhadradriKothegudem District.}

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Tejavath Dastru, S/o. Bhimla age S5years^{Occupation Agriculture,} Pu'sugudem village Mulakalapally Mandal^{Bhadradri Kothegudem District.}

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...RESPONDENTS

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Petition under Article 226 of the Constitution of^{lndiaprayingthat in the} circumstances stated in the affidavit filed therewith, the^{High Court maybe} pleased to issue an appropriate Writ , Order or Direction , more^{particularly one in} the nature of writ of Mandamus declaring the^{action of the 2nd respondentin} threatening to dispossess the^{petitioners fromtheirlawful possession in respect} of the houses bearing Nos 2-160, 2-16011,^{2-16012 and 2-16013to an extent of Ac} 0.03 gts in Sy No.273 situated at Pusugudem^{village, ltrlulakalapally Mandal,} Bhadradri Kothegudem District with its^{boundariesEast. The house of} BhukyaPantulu, West. RandB Road,^{North.Thehouseof Punusoth Bikya'South-} Dari, without following the due^procedure of^{law as illegal, arbitrary,} u nco nstitutional, voilative of^{Article14, 21} ,30O-A^{of the Constitution of lndia and} contrary to the order^{Dt.161O212021 in l.A.No.19312021in O.S.No.183of 2021 oI}

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the Sub Divisional tVlagistrate Mobil Court, at Bhadrachalam and consequently direct the Respondent authorities not to interfere with^{peaceful possession} and enjoyment of the above mentioned house sites.

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lA NO: 2 OF 2021

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Petition undr:r Section^'1 51 CPC^praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be^pleased vacate the interim orderdrated 2610312021^passed in l.A. No. 1of 2021^{in W.P. No.7673} of 2021 .

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lA NO: 1 OF 2021

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Petition undr:r Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be^pleased to direct the respondent No.2 not to interfere with^possession and enjoyment and also not to take erny coercive steps for dispossession of the^petitioners from houses bearing Nos. 2-160, 2-16011, 2- 16012 and 2-160/3 to an extent of Ac 0.03 gts in Sy No.273 situated at Pusugudem village, Mulakalapally Mandal, Bhadradri Kothegudem District with its boundaries East. The house of Bhukya Pantulu, West. R and B Roiad, North. The house of Punusoth Bikya, South. Dari,^pending disposal of the Wril: Petition.

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Counsel for the Pe,titioners: SRl. T V RAMESH

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Counsel for the Rerspondent No.1: GP FOR SOCIAL WELFARE

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Counsel for the Rerspondent No.2: GP FOR REVENUE

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Counsel for the Respondent No.3 & 4: NONE APPEARED

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The Court made the following: ORDER.

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THE HON'BLE^{SRI JUSTICEA.ABHISHEKREDDY}

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WRIT PETITION^{No.7 673 of 2O2l}

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ORDER:

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Heard the^{learned counselfor the petitioners'the learned} Government^{Pleader for Tribal welfare for respondent No' 1' learned} GovernmentPleader[orRevenueforrespondentNo.2,andSri Kowturu^{PavanKumar,learned counseifor respondentNos 3 and 4'} With their^{consent, the Writ Petition is disposedof'}

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Aggrieved^{by the action of respondent No'2 in threatening to} dispossess^{the petitionersfrom their lawfulpossession in respect of} their respective^{housepropertiesbearing Nos'2-160' 2-160ll'} 2-16012 and^{2-i6ol3toan extent of Ac.O-03 guntas in survey} No.273 situated^{atPusugudemVillage'MulkalapallyMandal'} Bhadradri^{KothagudemDistrict, the present writ petition is lried'}

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Learned^{counsel for the unofflcialrespondents has placedon} record the^{order of the Special Assistant Agent & Sub-Divisional} Magistrate^{(Mobile Court) at Bhadrachalam'passed in I'A'No' 193 of} 2O2l inO.S.No.^{iB3 of 2O2l and stated that due to the interimorder} granted by this^{Court, the oflicial respondentsare unable to conduct} the survey^{and therefore,seeksto vacate the interim orderdated} 26.O3.2021passed^{by this Court in I'A' No'1 of 2O2l'}

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karned^{counsel for the petitioners has stated that the official} respondents^{are trying to interfere with the lawful possession and} enjoyment^{of the petitionersin respect ol the subject houses'at the}

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instance ol' respondent Nos.3 and 4, against whom the order of injunction is still subsisting as on date.

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Having regard to the above made submissions, the writ petition is disposed of directing the Tahsiidar-respondent No.2 to conduct the survey, through the Mandal Surveyor, as per the directions of the Special Assistant Agent & Sub-Divisional Magistrate (Mobile Court) at Bhadrachalam, in I.A.No. 193 of 2O2I in O.S.No.183 of 2O2l and file a report before the said authority. It is made clear that before conducting the survey, the parties and any other interested persons shall be put on notice and the work memos hled, if any, shall also be taken into consideration. It is also made clear that under the guise of conducting the survey the official respondents cannot to dispossess the petitioners, even if they are found in possession of the excess lan<l than what they are claiming, except in accordance with the procedure established by law.

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Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

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ASSISTiR+IXETJHTH //TRUE COPY// I, SECTION OFFICER

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To, 1 The Principal secretary Tribal welfare Department Secretariat, State of lelangana, Hyderabad.

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2 fhe.Tahasildar,^{MulakalapallyMandal , Bhadradri Kothegudem Dist.} 3 Bhukya Bhaclru, S/o Pakiru a'ged about S0 years, Occupition. liquor business ?usugudem^{village,Mulakatapally Mandal, Bhadradri KotheguOehr Diskict.}

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4 Tejavath Dastru, S/o. Bhimla aqe 55years Occuoition Aoriculture. Pusugudem-village [Vlulakalapally Mandal Bhadradri Kothegudem Diitrict.

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4 One CC to Sri. T V Ramesh Advocate tOpUCl t) Two CCs to GP for Social Welfare, High Couh for the State of Telangana at Hyderabad. [OUTJ

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7 Two CCs to GP For Revenue, High Court for the State of Telangana at Hyderabad. [OUT]

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RI Two CD Copres One Spare Copy

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DS GJP

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HIGH COURT DATED:1810412022

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ORDER

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WP.No.7673 <>f 2021

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2 2 SEP ztrT
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DISPOSING OF THE WRIT PETITION

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WITHOUT CC)STS

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Bollagani Nageswar Rao, And 3 Others v. The State of Telangana, And 3 Others

Case brief

What is this about?

What did the court decide?

Bollagani Nageswar Rao, And 3 Others v. The State of Telangana, And 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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