Petitioner sought a writ against alleged interference with her assigned agricultural land by revenue authorities colluding with private respondents to build an Ambedkar Community Hall. The Court, without deciding merits, directed both sides to apply to the Tahsildar, who must enquire and pass orders in accordance with law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
IVONDAY, THE FIRST DAY OF SEPTEI,,IBER TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL
WRIT PETITION NO: 1253 OF 2021
Between:
Desineni Sri Lakshmi, W/o. IMadhusudan Rao, Aged about 57 years, Occ Housewife, Rl/o H.No.'l-99, Avantipuram, I/iryalaguda [Vlandal, Nalgonda District.
...PETITIONER
AND
..,RESPONDENTS
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 an order or direction more particularly one in the nature of Writ
of Mandamus declaring the action of the respondent No.4 in interfering into the land of the petitioner to an extent of Ac.'1 .20 gts in Sy.No.628/6 which is situated at Alagadapa Re:venue Village, Miryalaguda I/andal, Nalgonda District by colluding with the respondent No.5 to'10 and threatening to the petitioner to handover the lanc of the petitioner to the respondent No.5 to 10 by illegally, to establish the Amtredkar Community Hall on the land of the petitioner, without following the due process of law, is highly illegal, arbitrary. unconstitutional and violation of Principles of Natural Justice and also in violation of Articles 14, 19 (1) (g) and 300-,4 ol the Constitution of lndia and consequently direct the 4th respondent Not to interfere into the land of the petitioner to an extent of Ac.1 .20 gts in Sy.No.628l€ which is situated at Alagadapa Revenue Village, Miryalaguda [/andal, Nalgondtr District by colluding with the respondent No.5 to 10 and threatening the petitioner to handover the land of the petitioner to the respondent No.5 to 10 by illegally, to establish the Ambedkar Community Hall on the land of the petitioner without following the due process of law.
lA NO: 1 OF 2021
Petition unCer Section 151 CPC praying that in the circumstances stated in the affidavit file,i in support of the petition, the High Court may be pleased to direct the 4th respondent Not to interfere into the land of the petittoner to an extent of Ac.1 .2O gts in Sy.No.628/6 which is situated at .Abgadapa Revenue village t\iliryalaguda lvlandel, Nalgonda District by colluding with the respondent No.5 to 10 and thr:atening the petitioner to handover the land of the petitioner to the respondent No.5 to 10 by illegally, to establish the Ambedkar Community Hall on the land of the, petitioner without following the due process of law pending disposal of the wril petition.
Counsel for the Petitioner: SRI RAPOLU BHASKAR
Counsel for the Rr:spondent No.1 to 4: SRI SANDEEP GOUD, AGP FOR REVENUE
Counsel for the Respondent No.5 to 10: SRI S.SURENDER REDDY
The Court made ttre following: ORDER
THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL
WRIT PETITION No.1253 of 2O2l
ORDER:
This Writ Petition is illed with the following prayer:-
"...to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.4 in interfering into the land of the petitioner to an extent ofAc.1.20 guntas in Sy.No. 628/6 which is situated at Alagadapa Revenue Village, Miryalaguda Mandal, Nalgonda District by colluding with respondent Nos.5 to 10 and threatening to the petitioner to handover the land of the petitioner to respondent Nos. 5 to 1O by illegally to establish the Ambedkar Community Hall on the land of the petitioner without following the due process of law is highly illegal, arbitrary, unconstitutiona-l and violation of _Principlesof Natural Justice and also in violation of Articles 1a, 19 (1)(g) and 300-A of the Constitution of India and consequently direct respondent No.4 not to interfere into the land of the petitioner to an extent of Ac.1.20 guntas in Sy.No. 628/6 *hi.n i" situated at Alagadapa Revenue Village, Miryalaguda Mandal, Nalgonda District by colluding with respondent Nos.S to 10 and threatening to the petitioner to handover the land of the petitioner to respondent Nos. 5 to 10 by illegally to establish the Ambedkar Community HalI on the land of the petitioner without following the due process of law. - ."
Fi
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EVV, J Wp t253 2021
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S.Surender Recldy, learned counsel appearing for respondent Nos.5 to 1i).
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EW, J Wp 1253 2021
Acs.90.04 guntas and the same is classified as Bancharai, covered with small rocks ald hillock. The petitioner's husband worked as an employee at Nizam Sugar Factory, Avanthipuram upto 1992. After closure of the said sugar factory, acting on the petitioner's application, she was assigned the subject land and she had cultivated the same for some time by raising red gram crop. Thereafter, she went to Hyderabad for their livelihood and kept the land fallow. During the year, 2012, some of the residents, who belong to Beda Budigejangam (SC) of Avanthipuram, H/o. Allagadapa, have requested to allot house sites in the same land as the said land is kept fallow, which is suitable for house sites. The instructions further reveaied that without verifying the revenue records and withou\ conducting survey, the revenue authorities have issued passbook in favour of the petitioner even though she is not in possession of the same and during February, 2020. some of the viliagers of Avanthipuram H/o. Alagadapa, have approached the Revenue Divisional Ofhcer, Miryalaguda, stating that some persons have occupied the Government land which is situated in Sy.No.628 by showing illegal patta certiftcates, and therefore, requested to survey the entire land in Sy.No.628. Acting on the said
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EVV, J Wp 1253 2021
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represent€.tion, the Revenue Divisional Ofhcer i. e. , respondent No.3 dire,:ted rcspondent No.4 to conduct an enquiry and submit a rletailed report. The survey, which was conducted by the Mande .l Surveyor in the month of August, 2O2O and also the report of -he Giridwar, establish that the petitioner is not in possessior of the land, which was assigned to hr:r in the year, 1993 and hence, the name of the petitioner was deleted from online pahani in Dharani Portal and the possession of the land, which was; vacant, was handed over to the Mandal parishad Developme nt Officer, Miryalaguda, for public purpose i.e., pa1le Prakruthi'/anam at Avanthipuram Gram panchayat.
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EVV, J Wp 1253 2021
deems it appropriate to dispose of this writ petition directing both the parties to make an appropriate application before respondent No.4 claiming their rights over the subjcct land, in which event, respondent No.4 is directed to conduct an enquiry and pass appropriate orders strictiy in accordance with lau,.
There shall be no order as to costs.
As a sequel, the miscellaneous petitions pending, if any,
shall stand closed.
SD/.P. PONNA KRISHNA ASSISTANT REGISTRAR //TRUE COPY' 6
SECTION OFFICER
To,
GJP
/
*:
HIGHCOURT
DATED:0110912025
ORDER
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19 5[P 2U5
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WP.No.12l;3 of2021
DISPOSING OF THE WRIT PETITION,
WITHOUTI3OSTS
<br>tt,!
1 issue framed by the court
Whether the Tahsildar could interfere with the petitioner's assigned land of Ac.1.20 guntas in Sy.No.628/6 for construction of an Ambedkar Community Hall without due process.
2 provisions across 2 enactments
Desineni Sri Lakshmi
The State of Telangana, Rep. by its Principal Secretary, Revenue Department
The District Collector, Nalgonda
The Revenue Divisional Officer, Miryalaguda Division
The Tahsildar, Miryalaguda Mandal
Chelimella Saidulu
E.V. Venugopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
