Allowed

Parrepati Chandraiah, v. The Tahsildar, Mothkur Mandal

Telangana HC13 Feb 2023WP/24884/2009

Case brief

AI extract

What is this about?

This Writ Petition sought to declare the respondent Tahsildar's attempt to dispossess petitioners of land illegal. Relying on an existing interim order, the Court disposed of the petition, directing the respondents not to interfere with the petitioners' possession and enjoyment.

What did the court decide?

Directing the respondents not to interfere with the possession and enjoyment of the petitioners over the subject land without following due process of law.

Parrepati Chandraiah, Vs The Tahsildar, Mothkur Mandal — Landlord and Tenant | Telangana HC (2023)

¶1

[^32s6 ]

¶2

¶3

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

¶4

MONDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE

¶5

PRESENT

¶6

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

¶7

WRIT PETITION NO: 24884 OF 2009

¶8

Between:

¶9

Parrepati Chandraiah, S/o. Chennaiah, Hindu, aged about 60 years, Hindu, S.C. (lVadiga), Rl/o. Sadar Shapoor Village, Mothikur lt/andal, Nalgonda District. (Died per LRs of Petitioner Nos.2 & 3)

¶10

Parrepali Bhikshamiah S/o late P. Chandraiah, Aged about 53 years, Occ: Agriculture, R/o. Sadar Shahpur, Mothukur Mandal, Yadadri - Bhognir District.

¶11

Parrepati Yadiah S/o Late P. Chandariah Aged about 51 years, R/o. Sadar Shahpur, Mothukur Mandal, Yadadri - Bhognir District

¶12

(Petitioners 2 and 3 brought on record as Legal Representatives of the deceased Petitioner No.1 as per Court Order dated 08.12.2022 in l.A.No.1 of 2022)

¶13

...PETITIONERS

¶14

AND

¶15

The Tahsildar, Mothkur Mandal, Nalgonda District.

¶16

...RESPONDENT

¶17

Petition under Article 226 of lhe Constitution 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 l/andamus declaring the action of the respondent in trying to Dispossessing the petitioner land to an extent of Ac. 2-00 in Sy.Nos. 2351E and 235lBA in Sadarshapoor Village, Mothkur Mandal, Nalgonda District as illegal, arbitrary and without following due process of law and consequently direct the respondent not to evict the petitioner from his land to an extent of Ac. 2-00 in

¶18

Sy.Nos. 235/E and 235lBA in Sadarshappor Village, Mothkur mandal, Nalgonda District.

¶19

l.A. NO: 1 OF 2009(WPMP. NO: 32401 OF 2009)

¶20

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 interfere with the peaceful possession and enjoyment of the petitioner land to an extent of Ac. 2-00 in Sy.Nos. 2351E and 235/BA in Sadarshapoor Village, Mothkur Mandal, Nalgonda District pending disposal of the Writ Petition.

¶21

Counsel for the Petitioner: SRI M. SUBBA REDDY SRI K. UPENDER REDDY

¶22

Counsel for the Respondents: GP FOR REVENUE GP FOR ASSIGNMENT

¶23

The Court made the following: ORDER

¶24

¶25

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

¶26

IVRIT PETITION No.24884 OF 2OO9

¶27

ORDER:

¶28

This Writ Petition is filed seeking a Writ of Mandamus to declare the action of respondent-Tahsildar in trying to dispossess the petitioners from the land admeasuring Acs.2.OO gts., situated in Sy.Nos.235/ E and 235/BA in Sadarshappor Village, Mothkur Mandal, Nalgonda District, as illegal and arbitrary.

¶29

The petitioners herein claim to bc persons belonging to Scheduled Castes community and owning the subject land and that they were also issued Pattadar Pass Book bearing No.147510 with Patta No.252 and the-v also claim to have been in peaceful possession and enjoyment of the same and the respondent is said to have been trying to dispossess the petitioners without following due proccss of law and without putting the petitioners on notice.

¶30

When this Writ Petition came up for admission in the year 2009, this Court has passed an interim order directing the respondents not to interfcre u'ith the possession of the petitioners over the subject propert)'and the said interim order, dated 17.11.2OO9, is operating since then.

¶31

MSK.J Wp 24884_2009

¶32

No counter affidavit is filed in the Writ Petition. However, it is represented by the learned Assistant Government Pleader for Assignment that the respondent has never interfered with the possession of rhe petitioners over the subject land.

¶33

In thc light of the above, this Court does not find any reason to keep the Writ Petition pending and accordingly, the Writ Petition is disposed of directing the respondents not to interfere with thc posscssion and enjoyment of the petitioners over the subjcct land situatcd in Sy.Nos.23S/E and 235/BA in Sadarshappor Village, Mothkur Mandal, Nalgonda District, without follou,ing due process of law.

¶34

As a serluel, miscellaneous petitions, pending if any in this Writ Pctitior-r, shall stanci closed. There shall be no order as to costs.

¶35

//TRUE COPY//

¶36

SD/.G.SIREESHA ASSISTANT^REGISTRAR sEcrloN t r,..*

¶37

To,

¶38

The Tahsildar,^{tt4othkurMandal, Nalgonda District'}

¶39

One CC to SRI^{Nil. SUBBA REDDY,Advocate [OPUC]} One CC to SRI^{K. UPENDER REDDY,AdvocateIOPUC]}

¶40

TwoCCstoGPforRevenue'HighCourtfortheStateofTelanganaat Hyderabad [OUT]

¶41

5 Two CCs to GP^{for Assignment, High Court for the State of Telangana at} Hyderabad [OUT]

¶42

Two CD Coptes.

t,,1P SW

HIGH COURT

DATED:1310212023

,t
1r{
Q,< ,?:<br>2 E rrB 2[7.-1 ;; ll
L)
!l
-d
*:::
ORDER

¶48

WP.No.24884 of 2009

¶49

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

¶50

,

Parrepati Chandraiah, v. The Tahsildar, Mothkur Mandal

Case brief

What is this about?

What did the court decide?

Parrepati Chandraiah, v. The Tahsildar, Mothkur Mandal

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

Coram

Case details

Similar cases

Mohd Ateeq Ahmed and 2 others Vs The State of Telangana and 8 others

Smt Vallambhatla Rama Devi Vs Somesh Kumar

Velpula Chennaiah Vs Sri Bandi Prakash

Kudukuntla Nandini Vs The State of Telangana 3 others

Shaik Jani Pasha, Vs The State of Telangana

Smt. Farhana Begum Vs Telangana Waqf board and 3 others