Disposed

Sunkari Lingaiah v. The Secretary to Government

Telangana HC12 Dec 2023WP/17741/2009

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by landless poor persons seeking declaration that eviction from agricultural lands was illegal. The court directed respondents not to dispossess petitioners without following due procedural law.

What did the court decide?

Directed respondents not to dispossess petitioners from the subject property without following due procedure as contemplated under law, if they are in possession.

Sunkari Lingaiah Vs The Secretary to Government — Landlord and Tenant | Telangana HC (2023)

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[³³⁰³ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO

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WRIT PETITION NO: 17741 0F 2009

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Between:

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'1 . Sunkari^Lingaiah, S/o.Ramaiah Age . 50, Rl/o.Jawaharnagar, Shameerpet (M), Ranga Reddy District.

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Sunkari Ramaiah, S/o.Bangaraiah, Age : 82, Rl/o.Jawaharnagar, Shameerpet (lv1), Ranga Reddy District.

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lndrapala Bharatamma, Wo,Lakshminarasaiah, Age : 55, R/o.Jawaharnagar, Shameerpet (M), Ranga Reddy District.

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Bajjuri 9attaiah, S/o.Venkaiah, Age : 52, R/o.Jawaharnagar, Shameerpet (M), Ranga Reddy District.

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Vempati Ramaiqh, S/o.Sividaiah, Age . 65 yrs, Rl/o.Jawaharnagar, Shameerpet (M), Ranga Reddy District.^-

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Danavat Kheema, S/o,Pandya, Age . 58 yrs, R/o.Jawaharnagar, Shameerpet (lttl), Ranga Reddy District.

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Sunkari Ramanjaneyulu, S/o.Venkaiah, Age : 60, R/o.Jawaharnagar, Shameerpet (M), Ranga Reddy District.

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..PET|T|ONERS

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AND

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L The Secretary to Government, Government of Andhra Pradesh, Revenue (Assignments), Department, Secretariat, Hyderabad.

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The District Collector, Ranga Reddy District, Lakdikapool, Hyderabad.

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The Revenue Divisional Officer, Hyderabad East, R.R. District, Mukharamjahi N/arket, Hyderabad.

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The Mlandal Revenue Officer, Shameerpet (M), R.R. District,

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Metropolitan .Commissioner, Hyderabad Urban Development, Authority, G.H.NI.C., Hyderabad.

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(R5 is impleaded as per Court order dated 0610O112 in WPMP.No. 3215t101

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...RESPONDENTS

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Petition under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be

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pleased to issue an appropriate writ order or direction more particularly one in the nature of writ of lt/andamus declaring the action of the respondents in resorting to evict us from the agricultural lands situated at S.No..12 (part) of Jawaharnagar Village, Shameerpet [Vlandal, R.R. District admeasuring Ac.5.00 each as illegal, arbitrary, violating of principles of natural justice and contrary to the orders passed by the Honble Supreme Court of lndia in Civil Appeal 15887-5890/2002 and consequently declare that the Petitioners are enti ed for grant of patta subject to payment of market value of the value that may be fixed by the Apex Court.

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l.A. NO: 1 OF 2009(WPMP . NO: 23266 OF 2009)

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Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased direct the respondents not to dispossess the petitioners from their respective agricultural land admeasuring Ac.5.00 each in s.No.12 (part) of Jawaharnagar Village, Shameerpet Mandal, R.R. District.

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Counsel for the Petitioner : SRI M.PRABHAKARA RAO

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Counsel for the Respondents Nos.1 to 4 : ASST. Gp FOR REVENUE

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Counsel for the Respondents No.5 : SRI V.NARSIMHA GOUD, SC FOR HMDA The Court made the following: ORDER

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f:'*

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HON'BLE SRI JUSTICE J. SREENIVAS RAO UIRIT PETITION No.L774L of 2OO9

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ORDER:

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This writ petition is liled seeking the following relief:-

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'issue an appropiate urit order or direction more particularlg one in the nahfie of Wit of Mandatuts declaing the action oJ th.e respondents in resorting to euict us from the agicultural lands situated a, Sy. /vo. 12(Part) of Jawaharnagar Village, Shameerpet Mq.ndal, R.R.Distntt admeasuing Ac. 5-00 cents each as illegal, arbitrary, violating of pinciples of natural justice and contrary to the orders passed by the Hon'ble Supreme Court of India in Ciutl Appeal 15887-5890/ 2OO2 and consequentlA d"eclare that the Petitioners are entitled ror grant oJ patta subject to paVment of market ualue of the ualue that may be frxed by the Apex Court.'

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No representation on behalf of the petitioners.

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According to the pleadings, the grievance of the petitioners is that they were allotted the land to an extent of Ac.5-00 each in Sy.No. 12 part, situated at Jawaharnagar Village, Shameerpet Mandal, Ranga Reddy District, as they are the landless poor persons and since then they have been in possession and enjoyment of the said property. The respondents, without issuing any notice, are trying to dispossess them from their property, and the same is clear violation of the principles of natural

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\re

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justice and contrary to the orders passed by the Hon,ble Apex Court in Civil Appeal No.5887-589O12OO2.

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Learned Standing Counsel appearing on behalf of respondent No.5 submits that the petitioners are not having any right over the subject propert5r and they are not entitled to claim any relief much less the relief sought in this Writ Petition.

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5 Learned Assistant Government pleader appearing on behalf of respondent Nos. l to 4 reiterated the very same submissions.

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Having considered the above said submissions, and after perusal of the records, the petitioners are claiming rights over the property in Sy.No.12 part, basing upon the memo dated 18.08.1987 issued by the Mandal Revenue Officer, Shamirpet Mandal, Ranga Reddy District, and the same is disputed by the respondents.

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7 . In rriew of the peculiar facts and circumstances, without going into the merits of the case, the Writ petition is disposed of directing respondents not to dispossess the petitioners from the subject propert5r, without following

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due procedure as contemplated under law, if they are in

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possessron.

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With the above direction, the Writ Petition is

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disposed of. No costs.

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Miscellaneous petitions pending, if any, shall stand

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closed.

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SD/. K.SREERAMA MURTHY ASSISTANT REGI TRAR

//TRUE COPY//

SECTION OFFICER

To,

The.Secretary to Government, Government of Andhra pradesh, Revenue ^^{$sslSnm.ent-s),..Department,Secretariat, Hyderabad.}

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The District Collector, Rangg Reddy Districi, Lakdikapool, Hyderabad.

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The Revenue Divisionat Officer, Hyderabad East, R.i< Oistiict, Muiharamjahi Market, Hyderabad.

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The Mandal Revenue Officer, Shameerpet (M), R.R. District.

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5 Ih.q _Me_trop.olitan Commssioner, Hydeiabdd^'Urban Development, Authority, G.H.M.C., Hyderabad.

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One CC to SRI M.PRABHAKARA RAO, Advocate. tOpUCl

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Two CCs to GP FOR REVENUE, High Court forihe Stdte of Telangana at Hyderabad. [OUT]

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One CC to SRI V.NARSIMHA GOUD, SC for HMDA. tOpUCl

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Two CD Copies.

BSK

HIGH COURT

DATED:1211212023

ORDER

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WP.No.17741 o12009

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Sunkari Lingaiah v. The Secretary to Government

Case brief

What is this about?

What did the court decide?

Sunkari Lingaiah v. The Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

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