This Court dismissed a Writ Petition and an interim order regarding alleged interference with the petitioner's possession of agricultural land. The Court held that no specific material or allegations of interference were placed on record to sustain the petition.
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[3256 ]
IN THE HIGH COURT FOR THESTATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE NINTH DAY OF JUNE TWO THOUSAND ANDTWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICEMUMMINENI SUDHEER KUMAR
WRIT PETITION NO: 5535 OF2022
Between:
Sri G. Raj Kumar, S/o. G.Raghava Reddy,Aged about. 47 years, Occ' Private Sdrvice, Rl/o. G.No.3-13-33, Madhuranagar Colony,Ramanthapur, Hyderabad-013
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of theConstitution of lndia prayingthat in the circumstances stated in the affidavitfiled therewith, the High Court maybe pleased to issue a Writ, Order or Direction moreparticularlyone in the nature of Writ of Mandamus, declaringthe actionof the respondents in interfering with the peaceful possession and enjoyment of the agriculturalproperty admeasuring Ac.l0- 02gts in Sy.No.14412(OldSy.No.144lA3), situatedat Guruvannapeta Village, Komaravelli Mandal, SiddipetDistrict, earlier Cheryal Mandal, Warangal District as illegal, arbitrary inviolationof principlesof natural justice and against the provisions of ROR Actand against allthe settled principlesof law and consequently direct the respondentsnot to interfere with the petitionerspeaceful possession and enjoyment of the subjectproperty'
lA NO: 1 oF 2022
Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, ft,e Hign court may o" p["."t t" direct the respondents not to interfere with the peacefur possession and !!i!v1entof the agricurturar property admeasuringRc.to- ozgti in sy.N;.r+arz !olo..sv !ot +4/A3), situatedat GuruvannapetaViilage, Komaraveili Mandar, Siddipet District, earrier cheryar rvlandar, waiangar Dislrict, pending Ji.forui or the main writ petition.
Counsel for the Petitioner: SRI AKKAM ESHWAR
Counsel for the Respondent No.1 to 3: Gp FOR REVENUE
Counsel for the Respondent No.4 & 5: SRI ERANKI PHANI KUMAR
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR ' WRIT PETITION No.5535 OF 2o22
ORDER
This Writ Petition is lrled seeking a Writ of Mandamus to declare the action of the respondents in interfering with the peaceful possession and enjoymerrt of the petitioner over the agricultural property admeasuring Acs. 10.02 gts in Sy.No.14412 (Old Sy.No.144/A3), situated at Guruvannapeta Village, Komaravelli Mandal, Siddipet District (eariier Cheriy.al Mandal, Warangal District), as illegal and arbitrary.
2.r The petitioner herein claims to have acquired the subject proper$ under registered Gift Deeds executed by his father vide document Nos.2101/2O14 and 22lO/2014, dated 06.0g.2014 and A.Oa.2Ol4, respectively covering total extent of Acs. 11.30 gts., situated in Sy.Nos.144 /A3 and l4q lB2B o[ Guruvannapeta Village, Komaravelli Mandal, Siddipet District and claims to have got a survey conducted and has been in peaceful possession and enjoyment oi th. same. However, the said survey gor. conducted by him and the 'Supplementary Sethwars' issued thereon were questioned before this Courl in Writ Petition No.38031 of 2OlZ and this Court granted interim suspension oi the 'supplementary Sethwar, by an order, dated 13. I 1.2017. According to peritioncr, taking aCvanLage of the said
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interim order, respondent Nos.4 and 5 are trying to interfere with the peaceful possr--ssion and cnjol,ment of the subject property and as such the petitioner also lodgcd a criminal complaint resulting in registration of FIR No.23 l2Ol7 of Komaravelli police Station and another FIR No.9/2022, datccl 2S.Ol.2022.lt is the further case that the unofhcial respondents hercin used their political influence on the respondent-aut horities and respondent Nos.2 and 3 are causing interference over the subjec.r property on one pretext or the other. It is further claimed that in th r: name of enquiry or survey the official responden ts came to the propcrty on 27 .O7 .2022 and tried to interfere utith the possession and en.lovment of the subject property. Claiming as above, Lhc Jrctitioncr approached this Court by filing the presenl Writ Petition.
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context of the survey that was got conducted by the petitioner herein and also in view of pendency of the dispute with regard to the said survey before this Court in Writ petition No.3gO3l of 2OlT . Except making a bald allegation against the official respondents stating that they are trying to interlere with the possession of the petitioner over the subject land in the pretext of survey or enquiry, there is no material placed before this Court in support of the said averment. In the absence of any specilic allegation of interference and the nature of such interference etc., and also in the absence of placing any material in support of such averments, this Court is not inclined to entertain this writ Petition, especially in the context of the fact that writ perition No.38O3I of 2077 is also disposed ot by this Court, by a separate order today. Hence this court is not inclined to entertain this writ petition. However, it is left open to the petitioner to work out his remedies and including to approach this Court again in case, if any such interference is caused by the official respondents in future by duly placing the relevant material on record. 6. Accordingly, the Writ Petition is dismissed.
As a sequel, miscellaneous petitions, pending if any in this Writ
Petition, shall stand dismissed. No costs.
CHANDRA SEKHARRAO SD/.NAYANI AsstsraNrREGISTRAR //TRUECOPY// se8?BHOFFICER
'O',,ONE CC tO SRIAKKAMESHWAR.'.Ad]/OCAIE[O^PUC] i?ffi $..lfBtEm[iiEft ['JHuf ts1"1"'1i%t3i"y"?rreransana 4 ll'"1, ""0,". BN,cl
HIGH COURT
DATED:0910612023
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ORDER
WP.No.5535 of 2022
DISMISSING THE WRIT PETITION WITHOUT COSTS
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G. Raj Kumar
State of Telangana
District Collector, Siddipet
Tahsildar, Komaravelli Mandal
G. Madhukar Reddy
G. Suresh Reddy
Mummenin Sudheer Kumar
As recorded by the court registry
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