Disposed

Alegapally Srinivas Yadav v. The State of Telangana

Telangana HC6 Nov 2024WP/16435/2023

Case brief

AI extract

What is this about?

Upa-sarpanch sought action against encroachments on government lands in Bakaram Jagir village obstructing a crematorium compound wall and public road. No counter was filed; the court directed revenue authorities to follow due process, issue notice and evict encroachers.

What did the court decide?

Respondents 2-4 directed to evict encroachments per due process; Tahsildar to notice and evict encroachers from Sy.Nos.146-148; no costs.

Alegapally Srinivas Yadav Vs The State of Telangana — Property and Title | Telangana HC (2024)

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[^32e6 ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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WEDNESDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 16435 OF 2023

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Between:

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Alegapally Srinivas Yadav, S/o. Late Venkaiah, aged. 38 years, Occ: UpaSarpanch, Bakaram Jagir Village, Moinabad f\rlandal, Ranga Reddy District.

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...PETITIONER

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AND

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The State of Telangana, represented by its Principal Secretary, Revenue Departrnent, Secretariat, Hyderabad.

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The District Collector, Ranga Reddy District.

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The Revenue Divisional Officer, Chevella, Ranga Reddy District.

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The Tahsildar, Moinabad Mandal, Ranga Reddy District.

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...RESPONDENTS

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Petition under Article 226 of the 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 Mandamus declaring the in action of the Respondents No. 2 to 4 in taking any action against the private encroachments of government lands in Sy No. 146 to an extent of Ac 1-14 gts, in Sy No 147 to an extent of Ac 1-1 3 gts and in Sy No. 148 to an extent of Ac^'1 .34 gts situated at Bakaram Jagir Village, Moinabad Mandal, Ranga Reddy District and the removal of encroachments on the public road passing through Bakaram Village to Nagireddyguda Village as illegal, unjust, arbitrary and dereliction of their statutory duty and consequently direct the Respondents No. 2 to 4 to consider the representation of the petitioner dated. 28-4-2022, 29-5-2023 and 3-6-2023 within the time prescribed by this Honble Court in the interest of^justice.

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lA NO: 1 OF 2023

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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 to direct the Respondents No. 2 to 4 to consider the representation of the petitioner dated. 28-4-2022, 29-5-2023 and 3-6-2023 submitted for taking action against

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:, ; E!E

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the illegal encroachments in respect of government lands in Sy No. 146 to an extent of Ac 1-14 gts, in sy No 147 to an extent of Ac 1-13 gts ano in sy No. 14g to an extent of Ac 1.34 gts situated at BakaramJagir Village, Moinabad tvlandal, Ranga Reddy and the pubric road passing t-hrough Bakaram viilale to Nagireddyguda Village pending disposal of the main wriipetition in the inte;;t of justice.

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Counsel for the Petitioner: SRI A.K. JAYAPRAKASH RAO

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Counsel for the Respondents: ASST. Gp FOR REVENUE

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The Court made the following: ORDER

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i..

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r. i

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HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

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WRIT PETITION No.16435 of 2O23

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ORDER:

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This writ petition is hled praying this Court to declare the action of^{respondent Nos.2to 4 in not taking any action against} the^private encroachments^{of government lands in Sy.No.146to an} extent of^{Ac.1-14 guntas,in Survey No.l47 to an extent of Ac.Ol-} 13 guntas and ifl^{Survey No.148 to an extent of Ac.o1-34 guntas,} situated at^{BakaramJagir Village, Moinabad Mandal,Ranga Reddy} District and^{consequentlyprayed to direct the respondentsto} remove the encroachments^{on the public road passing through} Bakaram^{Village to NagireddygudaVillages, as illegal and arbitrary} and for other^{appropriatereliefs.}

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Heard the submissions of both the learned counsel.

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It is stated that the^petitioner is the^{Upa-sarpanchof} Bakaram Jagir^{Village and a public representative.It is stated that} in the Government^{land forming part of survey No.148an extent of} AI.O-2O^{guntaswasearmarked for constructionof crematorium tror} the benefit of the^{villagers.Itis also stated that whenthe} Grampanchayath^{has taken a decision to construct the compound} wall encircling^{the crematorium,the neighbouring owners started}

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C'VBR. J ,,vp_l61115 1023

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ol)jecting for construction of the compound wall claiming rights over the Government land.

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It is further stated that the lands forming part of survey N,r. 146 to an extent of Ac.Ol-14 guntas, survey No. 147 to an extent of Ac. 1-13 gunts and Sy.No. 148 to an extent of Ac.0l-34, are recorded in the revenue records as govemment lands and an e).tent of Ac.0-20 guntas forming part of survey No.148 has been allotted by the Government for the construction of crematorium for tlre benefit of the villagers, but when some of the encroachers/land grabbers/antisocial elements taking advantage of the open vacant land of the government are making efforts to encroach the same and obstructing the Grampanchayati to construct the compound wall encircling the crematorium lands, the petitioner has srrbmitted representations dated 28.O4 .22, 29 .O5.2023 and 0:1.06.2023 to respondent Nos.2 to 4, requesting them to take appropriate immediate action for removal of the illegal encroachments on the government land and protect the public p:operty as well as allow the villagers and neighbouring field o,vners to have an ingress and egress to the roads situated in the alrcve said survey numbers.

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5 The grievance of the petitioner is that even after receiving the s:rid representations, the respondent authorities have not initiated

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CVBR, J u.p_164i5_2023

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, ,

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any action for removal^{of the encroachments as per the procedure} kno\r,n to law

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This Writ Petition is^{pending from 2023and} till date no counter aflidavit^{has been hled by the respondents.}

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7- Learned Assistant Government^{Pleaderfor revenue has not} disputed the submission^{of representationsby the petitioner'}

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[n view of the same, this^{Court is of the opinionthat the ends} of^justice would be^{met if respondent Nos-2 to 4 are directedto} take immediate steps for^{eviction of the encroachments on the} government lands situated in survey^{No.146to an extent of Ac'O1-} 14 guntas, survey^{No.147 to an extent of Ac.i-13 guntsand} Sy.No. 148 to an extent of^{Ac.01-34and also aliow the local} residents/ inhabitants/adjacent^{field owners to have an ingress} and egress to the^{road alleged to have been existing in Survey} nos. 146, 747 and 148,^{by followingthe due processof law' If any} encroachments have been^{found,respondent No'4-Tahsildar,} Moinabad Mandal, Ranga^{ReddyDistrict is directed to issue notice,} in accordance with law^{and evict the encroachersfrom the above} subject lands for^{the pulpose of constructionof compound wall to} the crematorium situated^{in survey No.148to an extent of Ac'2O}

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guntas.

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CVBR. J !vp_ 164i5_202i

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With the above observations, this Writ Petition is disposed of.

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There qhall be no order as to costs.

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As a sequel, the miscellaneous petitions pending, if any,

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strall stand closed.

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SD/.A.V.S.PRASAD ASSISTANT REGISTRAR

/iTRUE COPY//

SECTION OFFICER

To, 1. 1'he Principal Secretary, Revenue Department, The State of Telangana, S;ecretariat, Hyderabad. 2. l-he District Collector, Ranga Reddy District. . l-he Revenue Divisional Officer, Chevella, Ranga Reddy District. 4 l-he Tahsildar, MoinabadMandal, Ranga Reddy District. A One CC to SRI A.K. JAYAPRAKASH RAO, Advocate [OPUC] 6 I wo CCs to GP FOR REVENUE, High Court for the State of Telangana. tourl 7. l-wo CD Copies BN GJP

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HIGH COURT

DATED:0611112024

ORDER

WP.ltlo.16435 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0ro** %o

Alegapally Srinivas Yadav v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Alegapally Srinivas Yadav v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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