Golla Balappa Vs The State of Telangana

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

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THURSDAY,THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 10037 OF 2025

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Between:

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Golla Balappa, S/o. Late Narsappa Aged about 48 years, Occ - Aqriculture R/o.fi/ailwar Village, Bhasheerabad I/andal Vikarabad District, T6langana State.

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...PETITIONER

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AND'I The state of. Telangana, Rep. by its principal secretary Revenue Department, Secretariat, Hyderabad.

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The District Collector, Vikarabad District.

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The Tahsildar, Basheerabad Mandal Vikarabad 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 an appropriate writ, order or Direction, more particularly one in the nature of writ of Mandamus, declaring the action of the Respondent Nos.z and 3 in threatening to dispossess by interfering with the petitioners land admeasuring Ac.O.13 gts in Sy.No.B lParidilA situated at Mailwar village, Basheerabad Mandal, Vikarabad District on the pretext of laying road without foliowlng due process of law as illegal, arbitrary, unconstitutional and contrary to the provisions oi Article t+, 21 and 300-4 of constitution of lndia and consequenfly direct the Respondent Nos.2 and 3 not to dispossess by interfering with the peaceful possession and enjoyment of the petitioners land admeasuring Ac.0.'13 gts in Sy.No.B lparidilA situaied at Mailwar Village, Basheerabad Mandal, Vikarabad District on the pretext of laying road without following due process of law

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lA NO: 'f OF 2025

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Petition under Section 1s1 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 Respondent Nos.2 and 3 not to dispossess by interfering with the peaceful possession and enjoyment of the petitioners land admeasuiing Ac.0. t 3 gts in

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Sy.No.8/Paridi/A situated at Mailwar Village, Basheerabad Mandal, Vikarabad District without following due^process of law,^pending disposal of the above^writ petition

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Counsel for the Petitioner: SRl. C HARI PREETH

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Counsel forthe Respondents: AGP FOR REVENUE

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE C,V. BHASKAR REDDY

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WRIT PETITION No.10O37 of 2o25

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ORDER:

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'lhis Writ Pctition is lilcd praying this Court to declare the action of respondent Nos.2 and 3 in interfering with the possession of the petitioner over the land admeasuring Ac.O.13 guntas in Sy. No. B/ Paridi/A, situated at Mailwar Village, Basheerabad Mandal, Vikarabad District on the ground that the said land is required for laying of road without initiating any proceedings under the provisions of the Right to l.air Compensation and Transparency and Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "the IIR Act") as illegal, arbitrary, unconstitutional and contrary to the Articles 14, 2l and 3OO-A of the Constitution of India and consequently, prayed for other appropriate reliefs. 2. It is stated that the petitioner is the owner and possessor of the Iand admeasuring Ac.O. 13 guntas in Sy.No.B/Paridi/A, situated at Mailwar Village, Basheerabad Mandal, Vikarabad District. It is further stated that the name of the petitioner's father was recordcd in the revenue records and when disputes arose among the co-sharers, a suit for partition was instituted uide O.S.No.3(r9 of 2025 on the file of the Senior Civil Judge, Vikarabad and the same is pending. The grievance of the petitioner is that pending adjudication of the said suit, at t)"e instance of local

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CVI]R. J \p 10037 2025

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people, respondent Nos.2 and 3 are making efforts to lay the road through the suit schedule property, without initiating any proceedings under the provisions of the RR Act.

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Sri L. Ravinder, learned Assistant Government Plcac{er for Revenue appearing for the respondents l-ras submitted that respondent Nos.2 ald 3 are not interfering u,ith the possession of the petitioner over the land admeasuring Ac.0. 13 guntas in Sy.No.8/Paridi/A, situated at Mailwar Village, lJasl,rccrabad Mandal, Vikarabad District, in any manne r and if t hc land in Sy.No.8 is required for the purpose of laying t.he road or any other public purpose, the respondent authoritics u.ill follow due procedure in accordance with law.

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Recording the submission made by the rearncd Assistant Government pleader for Revenue, this writ pctition rs disposed of. There shatl be no order as to costs.

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