Dismissed

Kommu Anusha v. The State of Telangana

Telangana HC16 Dec 2024WP/7840/2024

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition seeking declaratory relief regarding inaction on assigned land. The Court held that since the grievance involved illegal demolition and encroachment, the petitioner should approach a civil court for restitution rather than using writ jurisdiction under Article 226.

What did the court decide?

The writ petition was disposed of; no order in the writ petition.

Kommu Anusha Vs The State of Telangana — Land Acquisition | Telangana HC (2024)

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

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[^32e6 ]

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MONDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON'BLE SRI JUSTICE G.V. BHASKAR REDDY

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WRIT PETITION NO:7840 OF 2024

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Between:

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Kommu Anusha Wo. KommuBikshapathi, D/o. Madugula Mallaiah, aged aboul 22 years, Occ: Housewife, F/o. H.No 5-53, Plot No.13, Wangapally Village, Yadagirigutta Mandal, Yadadri-Bhongir District and Presently Residing at H.No. 4-23, Near Church, SC Colony, Siddenki Village, Jangaon Mandal and District, Telangana State-506201

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...PETITIONER

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AND

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The State of Telangana, Rep. by its Principal Secretary Revenue Department, Secretariat Building, Hyderabad.

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The District Collector, Yadadri-Bhongir District.

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The Revenue Divisional Officer, Bhongir, Yadadri-Bhongir District.

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The Mandal Revenue Officer, Yadagirigufta Mandal, Yadadri-Bhongir District 5. Gaddameedi @ Gaddam Venkatesh, S/o Janardhan, age: not known, Occ Auto Driver, Rl/o Sharbhanapuram Village, Alair [lgndal, Bhongi, YadadriBhongir District.

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Respondent No.S is impleaded as per Court Order dated 16.12.2O24 in l.A. No. 2 of 2O24

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...RESPONDENTS

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Petition under Article 226 ol 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 or order more particularly one in the nature of Writ of Mandamus declaring the inaction of respondents No.2,3 and 4 on^petitioner's representation dt.2411112024 in respect of request to enquire into assigned property of petitioner i.e., H.No. 5-53, admeasuring 0.03 Cents or 150 Sq.Yds bearing plot No.13 in Sy.No. 90/8, 95/B of Wangapally Village, Yadagirigutta Mandal, Yadadri-Bhongir District to restore from illegal occupation as arbitrary, illegal, contrary to the provisions of Telangana Assigned Lands (Prohibition of Transfers) Acl, 1977 and violative of^principles of Natural Justice consequently

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./ ,',//

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if^{direct the respondentsNo.} 2, 3 & 4 to consider the representations of the petitioners Dl. 2210112024 to enquire into the issue and to restore petitioner possession over assigned property fror6 illegal occupation and grabbing by third party

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lA NO: 1 OF 2024

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Pe,tition under section i 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High couft may be pleased to direct the responclents No.2,3 and 4 to take necessary action on the representations of the petitioner DL. 22t0112024 within the stipulated period preferably within twr weeks

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Counsel for the Petitioner: SRt. VADLAKONDA KIRAN KUMAR Counsel forthe Respondents No.1 to 4: Gp FOR REVENUE

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Counsel for the Respondent No.S: -

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The Court made the tbllowing: ORDER

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'i-,) o

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THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

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WRIT PETITION No.784O of 2o24

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ORDER:

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This writ petition has been filed seeking to declare the action of respondent Nos.2, 3 and 4 in not considering the petitioner's representation dated, 22.07.2024 in respect his assigned property i.e., H.No.5-53, admeasuring O.O3 cents or 15O square yards, bearing plot No.13 in Survey Nos.90/8, 95/B of Wangapally Village, Yadagirigutta Mandal, Yadadri-Bhongir Distric, to restore from illegal occupation as illegal and arbitrary and for other appropriate reliefs.

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Lt is stated that the petitioner's father was assigned land admeasuring O.O3 cents or 150 square yards in Survey Nos.9OlB, 95/B of Wangapally Village, Yadagirlgutta Mandal, wherein he constructed a house after obtaining necessary permissions from the compele nt authorities and since then they are in peaceful possession and enjoyment of the same. It is further stated that after the death of the petitioner's father, who is the original assignee, some third parties in collusion with the revenue officials, with an intention to grab the assigned 1and, had illegally and high-handedly demolished the entire house in the absence of the petitioner, which constrained him to submit

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a representation dated 22.01.2024 to responclent Ncs.2, 3 and 4, b5r sngle.l.g all the necessary documents, urith a r.equest to enquire into the issue and to restore the possession of the subject property from illegal occupation of third pa;:l.ies. The grievance of the petitioner is that despite receipt of the said representatton, so far no action has been taken thereor..

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Considered the submissions made by the learnt:rl counsel for the parties and perused the record.

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It rs r;ettled 1aw that once any land is :rssigned by the Governmeltt , the respondent authorities are ltot h aving any power or a'u lhority to dispossess the assignee from the ,said lancl in terms ol' LO.Ms.No.14O6, dated 27.0S.19Sg, unlcs.., there is any violation of the conditions of assignment. Furthernt trer even if it is founrl that there is violation of any of the cor <iitions of assignmenl:, the respondent authorities are entitled tc resume the land onLy after issuing notice and conducting enquiry in accordance rvith law.

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In thr: instant case, since it is the specific grievan:e of the petitioner th at third parties are not only interfering .,vith his possession c,f the assigned la1-rd but also illegally arld high_ handedly dr:rnolished the entire house constructed ther-r:on, this

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'r:i.

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Court is of the opinion that ends of justice would be met if the writ petition is disposed of, Ieaving it open to the petitioner to agitate his grievance before the competent Civil Court in a properly instituted civil suit.seeking to restrain the activities of encroachment into the subject land assigned in favour of the petitioner's fatLier, in accordance with 1aw.

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The writ petition is accordingly disposed of.

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Pending miscellaneous apphcations, if any, shall stand

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closed. There shall be no order as to costs.

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sd/- A. SRTNIVASA^REDDY ASSt T NT REGISTRAR

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//TRUE^COPY// CTION^OFFICER

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To,

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1 The Principal^{Secretary Revenue Department' Secretariat Building' T'S '} 2 3 4 5 #"u'ps,,usil,fl+n,:'ni*,tlH*lru,j,':l-'g,q;::::":, 6 Hvderabad [OUTI 7. Tfro CD^Copies B M l+MP

HIGH COURT'

DATED:1611212024

ORDER

WP.No.7840 ctl2024

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DISPOSING O,F THE WRIT PETITION WITHOUT COSTS

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Kommu Anusha v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Kommu Anusha 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

Parties & counsel

Coram

Case details

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