M/s. N M R Gardens and 4 Others Vs The. State of Telangana and 5 Others

Sri.Pasunuri Praveen Kumar, Praveen Reddy, S/o. Late P.Ram Reddy, aged about 38 years, Occ. Business, R/o. H No.2-7-132, Near by Park Road, Jangoan Dist., TS.

¶10

Smt.Bandi Ramulamma, Wo. Bandi Jagan, aged about 54 years, Occ. Household, Fi/o. Nellutla Village, Lingala Ghanpuram Mandal, Jangoan Dist., TS.

¶11

Smt.Bandi Sunitha, W/o. Bandi Srinu, aged about 32 years, Occ. Household, Ri/o. Nellutla Village,Lingala Ghanpuram Mandal, Jangoan Dist., TS.

¶12

Smt.Bandi Sirisha, Wo. Bandi Srisailam, aged about 26 years, Occ. Household, Fi/o. Nellutla Village,Lingala Ghanpuram Mandal, Jangoan Dist., TS.

¶13

Smt.Bandi Pavani, Wo. Bandi Parvatham, aged about 26 years, Occ. Household, Fl/o. Nellutla Village, Lingala Ghanpuram Mandal, Jangoan Dist., TS.

¶14

.....PETITIONERS

¶15

AND

¶16

The State of Telangana, Rep. by its Principal Secretary. Revenue :

¶17

' Department,Telangana Secretariat, Hyderabad, T.S.

¶18

The District Collector, Jangoan District, Jangoan town, T5-506 167.

¶19

The Revenue Divisional Officer, Jangoan Revenue Division, Jangoan District,TS-506 167.

¶20

The Tahasildar, Jangoan Mandal, Jangoan District, T5-506 167.

¶21

The Jangoan Municipal Council, Rep. by its Commissioner, Jangoan Town and District, T.5-506 167.

¶22

.....RESPONDENTS

¶23

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 directions more particularly one in the nature of ltrrit of Mandamus, declaring the action of the respondents more particularly the respondent No.2 to 4 and their sub-ordinates in making efforts to encroach and interfering with the petitioners peaceful possession and enjoyment of their respective open plots bearing Nos.13 to 1S(Plot No.6-3-P)and land in Sy. No.182 and 1811, situated at Jangoan Village and Mandal and District, TS, claiming to be a part ol government land in Sy.No.180 and 181 and not co ducting the survey and not fixing the boundaries to the lands in Sy. Nos.182 and 183, in spite of receipt of F-Line applications daled.17lO8l2O20 and 1311212019 and not considering the petitioners representations daled.29l12l2019 and 0411112019, to till this date, as highly illegal, arbitrary, bad and Violation of Articles of Constitution of lndia and :rlso amounts to violation of principles of natural justice and consequently direct the respondents and their sub-ordinates, not to interfere with the petitioners peaceful possession and enjoyment of their respective open plots bearing Nos.13 to 15 (PIot No.6-3-P) and land in Sy.No.1B2 and 183, situated at Jangoan Villager and Mandal and District, TS in any manner and also direct to conduct the sunrey and fix the boundaries to the lands in Sy.Nos.182 and 183 as per the provisions of the Act forthwith.

¶24

|.A.NO:1 OF 2020

¶25

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; and their sub-ordinates, not to interfere with the petitioners peaceful possession and enjoyment of their respective open plots bearing Nos.13 to 15 (Plot No.6-3-P) and land in Sy., No.182 and 183, situated at Jangoan Village and Mandal ancl District, TS in any manner forthwith, pending disposal of the above writ petition.

¶26

Counsel for the Petitionerc : SRI BETHI VENKATESWARLU

¶27

Counset for the lRespondent Nos.l to 4 : SRI H.RAKESH KUfilAR, AGp FOR REVENUE

¶28

Counsel for the Respondent^{No.4 : SRI N.PRAVEEN KUMAR}

¶29

W.P.NO: oF 2021

¶30

Between

¶31

Sri Pasunuri Praveen Kumar , Praveen^{Reddy,S/o. Late P.Ram Reddy aged} about 38 years, Occ. Business Fl/o. H^{No.2-7-132, Near by Park Road.} Jangoan Dist, TS

¶32

Smt.Bandi Ramulamma, Wo. Bandi^{jagan aged about 54 years,Occ.} Household Rl/o. Nellutla Ghanpuram^{Mandal,Jangoan Dist.. TS}

¶33

Smt.Bandi Sunitha, Wo.^{Bandi Srinu aged about32 years. Oqq. Flousetrcld} R/o. Nellutla Village,Lingala Ghanpuram^{Mandal,Jangoan Dist., TS}

¶34

Smt.Bandi Sirisha, Wo. Bandi^{Srisailamaged about 26 yearc,} _9c9. Household R/o. Nellutla Village,Lingala^{Ghanpuram Mandal, Jangoan Dist.,} TS

¶35

Smt. Bandi Pavani, Wo. Bandi^{Parvathamaged about26 years. Occ.} Household Rl/o. Neliutla Village,Lingala^{Ghanpuram Mandal,Jangoan Dist..} TS

¶36

.....PETITIONERS

¶37

AND

¶38

The State of Telangana, Rep.^{by its PrincipalSecre_tary,Revenue} Department, Telangana^{Secretariat, Hyderabad, T.S}

¶39

The District Collector, Jangoan^{District, Jangoan town.T5-506167.}

¶40

The Revenue Divisional Officer,^{Jangoan Revenue Division, Jangoan} District,TS-506 167.

¶41

The TalrasiHar, Jangoan^{Mandal,Jangoan District, T5-506 167.}

¶42

S. The Station House Officer,^{Jangoan Police Station. Jangoan District T.S-506} 167.

¶43

.....RESPONDENTS

¶44

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 directions^{more particularlyone in} the nature of Writ of Mandarnus,^{declaringthe action of the respondents and their} sub-ordinates in trespassing in to^{the petitioners open plots bearing Nos.13 to} 1S(Plot No.6-3-P)and land in Sy.,^{No.182 and 183, situated at Jangoan Villageand} Mandal and District, illegally and^{demolishingthe tin shed structureand breaking} the boundary^pillar stones and^{iron fencing wires and threateningto dispossess} the petitioners from their^{respectiveplots, without complying the order} dated.1Ot11t2O2O in lA No.1 of^{2020in WP No. 15064 of 2O2Opassedby the'}

¶45

Hon'ble High Court for the State of Telangana at Hyderabad, TS ,as highly illegal, arbitrary, bad and Violation of Articles of Constitution of lndia and also amounts to violation of prirrciples of natural^justice and consequently direct the respondents and their sub-ordinates, not to interfere with the^{petitioners peacefulpossession} and enjoyment of their respective open plots bearing Nos.'t3 to 15 (Plot No.6-3-P) and land in Sy., No.182 and 183. situated at Jangoan Village and Mandal and District, TS in ary manner forthwith.

¶46

|.A.NO:1 OF 20,21

¶47

Petition tJnder Section 151 CPC praying that in the circumstances stated in the affidavit filerl in support of the petition, the High Court may be^pleased to direct the respondents and their sub-ordinates, not to interfere with the^petitioners peaceful posse:;sion and enjoyment of their respective open plots bearing Nos.13 to 15 (Plot No.6-3-P) and land in Sy., No.182 and 183, situated at Jangoan Village and Mandal and District, TS in any manner forthwith,, pending disposal of the above writ petiti'cn.

¶48

Gounsel for the Petitionerc : SR! BETHI VENKATESWARLU

¶49

Counsel for the Respondent Nos.l to 4 : SRI H.RAKESH KUMAR, AGP FOR REVENUE

¶50

Counsel for the Respondent No.S : G.P FOR HOtfE

¶51

W.P.NO:13991 OF 2021

¶52

Between:

¶53

M/s. N M R Gardens, Rep., by its Managing Paitner Sri.Guda Vijayender Reddy, S.to.G.Laxma Reddy, aged 61 years, Occ. Business and Managing Partner, Office at H No.6-3-61, Suryaper Road,Jangoan town and District,TS

¶54

Sri.Amritham Narsaiah, S/o. Papaiah, aged 58 years, Occ.Business, R/o H No.6-3-56, Suryaper Road,Jangoan town and District,TS

¶55

Smt.Siddurala Uma, Wo.S.Ramesh, aged 46 years, Occ.House Wife, Rl/o H No.6-3-57/1 , Suryaper Road,Jangoan town and District,TS

¶56

SmtRapolu Manjula, Wo.R.Laxmaiah, aged 45 years, Occ.House Wife, R/o H No.6-3-57, Suryaper Road,Jangoan town and District,TS

¶57

Smt. Bhurcddy Bhagyamma, Wo. B.ram Reddy, aged 50 years, Occ.House Wife, Ri/o H No.6-3-2.Suryaper Road,Jangoan town and District,TS

.....PETITIONERS

i!!-_-rt*t ,@

,.// :.:1. ,j ;"

AND

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

¶63

The District Collector, Jangoan District, Jangoan town, T5-506 162.

¶64

The. Revenue Divisional officer, Jangoan. Revenue Division, Jangoan District,TS-506 167.

¶65

The Tahasildar, Jangoan Mandal, Jangoan District, T5-506 167.

¶66

The Execqllve Officer, Endowment Department, Sree Chenna Kesava Swamy Temple Office at Nawabpet, Lingalaghanpur Mandal, Jangoan District, T.S.

¶67

.....RESPONDENTS

¶68

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 directions more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents more particularly the respondent No.2 to 4 and their sub-ordinates in making attempts to encroach and interfering with the petitioners peaceful possession and enjoyment of their respective premises bearing H,Nos.6-3-61(extent 4983.83 Sq.yards), 6-366(extent 255 Sq.yards),6-3-57/1(extent 90 Sq. yards).6-3-57(extent 90 Sq. yards) and 6-3-2(extent 200 Sq. yards), in Sy., Nos .182 d 183, situated at Jangoan Town and Mandal and District, TS, claiming to be a part of government land in Sy., No.180 and 181 without following due process of law and not conducting the survey and fixing the boundaries to the lands in Sy., Nos 182 and 183, in spite of issuance of notice vide file No.D.E.R MS No/ 13gl 2019, dated.25t11t2}18 n pursuance to the F-Line applications D.E.R 021900437965, dated.31/1012019, to till this date, as highly illegal, arbitrary, bad and Violation of Articles of Constitution of lndia and also amounts to violation of principles of natural justice and consequently direct the respondents and their sub-ordinates, not to interfere with the petitioners peaceful possession and enjoyment of their respective premises in any manner and also direct to conduct the survey and fix the boundaries to the lands in Sy., No s 182 and 183 as per the provisions of the Act forthwith.

¶69

=-....:-7-

¶70

I.A.NO:1 OF 202.1

¶71

Petition Under Section 151 CPC^praying that^{in the circumstances statedin} the affidavit filed in support of the^{petition, the High Court may be pleased to direct} the respondents and their sub-ordinates,^{not to interfere with the petitioners} peaceful possession and enjoyment of their respective^{premises bearing H.Nos.6-} 3-61, 6-3-66, 6-.3-5711 ,6-3-57^{and 6-3-2,} in^{Sy.Nos.182and 183' situated at} Jangoan Town and Mandal and^{District,TS in any mannerforthwith,. pending} disposal of the above writ^petition.

¶72

Counsel for the Petitioners : SRI^{BETHIVENKATESWARLU}

¶73

Counsel for the Respondent Nos.1 to^{4 : SRI H.RAKESH KUMAR, AGPFOR} REVENUE

¶74

Counsel for the Respondent No.5 : G.P FOR ENDOWMENTS

¶75

W.P.NO: 17487 OF 2021

¶76

Between:

¶77

Smt.Vangir Lalitha, Wo. Ramesh, aged 47^{years, Occ. AnganwadiTeacher,} R/o. Amm,anabole village, Mutakondu(M),Yadadri Bhongir^District,TS

¶78

Smt.Gopagoni Uma, Wo. G.Yadagiri, aged 51^{years, Occ. Househ_old,Rl/o H} No.5-7019,-4th Ward, Jangoan Road, Narmetta(V)and(M),Jangoan^District,TS

¶79

Smt.Bathini Saritha, Wo. GB.Prasad, aged^{37 years,Occ.Household,Rl/o.} Nellutla Vi lage, Lingala Ghanpuram Mandal, Jangoan^District,Ts

¶80

Sri.Budiga Durga Prasad, S/o. B.Komuraiah, aged about^{39 years, Occ. Todd.} Trapper, Rl/o. Kommaipally Village, Gundala Mandal.^{Yadadri Bhongir} District,TS

¶81

Sri. Pothuganti Yadagiri, S/o. Lingaiah, aged about^{63 years, Occ. Agriculture,} Fl/o. Komnraipally Village, Gundala Mandal. Yadadri Bhongir District,TS

¶82

Sri. Kondr:boina Satyanarayana, S/o. llaiah,^{aged about39 years,Occ.} Agriculture,, Rl/o. Kommaipally Village, Gundala Mandal. Yadadri^Bhongir District,TS

¶83

Sri. Kodaparthi Venkatesh, S/o. llaiah, aged about 53^years, Occ.^{Pvt., Work,} Ri/o. Gund;ala Village and Mandal, Yadadri Bhongir District,TS

¶84

Smt.Siripuram Padma, Wo. Upender, aged 49^{years,Occ.Housewife,Fl/o.} Ammanab':le Vllage, Mutakondur Mandal,Yadadri^{Bhongir District,TS}

¶85

Sri. U.Rajender, S/o. Gopaiah, aged abor.fr 26^years, Occ.^{Pvt.,Work, Fi/o.} Kistagudern Village, Lingala Ghanpuram Mandal, Jangoan Dist., TS

¶86

10.Sri. Aliminate Sreenu, S/o. Yadaiah, aged about 40^years, Occ. Pvt.. Work, R/o. Anantharam Village . Gundala Mandal, Yadadri Bhongir Dist., TS

¶87

11.Sri. Aliminate Ravi, S/o. Yadaiah, aged about 38^years, Occ. Pvt., Work.. No.10 and 11 are R/o. Anantharam Village Gundala Mandal,^Yadadri Bhongir Dist., TS

¶88

12.Sri. Kudikala Venkateshwarlu, S/o. Krishnamurthy, aged about 42^years, Occ. Business, R/o. H No.1-11-61, Weavers Colony, Jangoan town and District,TS

¶89

Sri. Birru Srinivas, S/o. Ramesh, aged about 42^years, Occ. ht. work,^Rl/o. Eeravenu Village, Palakurthi Mandal, Jangoan District,TS

¶90

.....PETITIONERS

¶91

AND

¶92

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

¶93

The District Collector, Jangoan District, Jangoan town, T5-506 167.

¶94

The Revenue Divisional Officer, Jangoan Revenue Division, Jangoan^District T5-506 167.

¶95

The Tahasildar, Jangoan Mandal, Jangoan District, TS - 506167.

¶96

.....RESPONDENTS

¶97

Petition Under Article 226 of the Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court^maybe pleased to issue an appropriate writ, order or directions mo particularly one in the nature of Writ of Mandamus, declaring the action of the respondents^more particularly the respondent No.2 to 4 and their sub-ordinates in making attempts to encroach and interfering with the^{petitioners peaceful possession} and enjoyment of their open^plots i.e. 1) plot No.7, admsg 200 Sq.^yards, 2) admsg.,^118.6Sq., yards,3) admsg., 118.6 Sq., yards,4) plot No.S admsg., 147.5 Sq., yards,5)^plot No.8, admsg.,200 Sq.. vards,6) admsg., 261.1 Sq.,^yards,T)plot No,.9, admsg., 200 Sq., yards, 8) plot No.6, admsg., 2006 Sq.,^yards, 9) admsg., 233.95^Sq., yards, 10) plot Nos 1'l and 12, admsg.,284.16 Sq., yards,11)admsg., 129.2 Sq., yards and 12) admsg., 130 Sq., yards respectivelyin Sy., Nos.182, 183and 187, situated at Jangoan Town and Mandal and District, TS, claiming to be a^part of government land in Sy., No.180 and 181 withoutfollowing due process of lawand not conducting the survey and fixing the boundaries to the lands in Sy.,^Nos 182,183 and 187, in pursuance to the submission of F-Line application^No.D.E.R 021900457680, dated..30/1212019, to till this date, as highly illegal, arbitrary,^bad and Violation of Articles of Constitution of^{tndia and also amountsto violation of}

--t-

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principles of nalural justice and consequently direct the respondents and their subordinates, not to interfere with the petitioners peaceful possession and enjoyment of their respective open plots in any manner and also direct to conduct the survey and fix the boundaries to the lands in Sy., Nos j82, 183and 187 as per the provisions of the Act forthwith.

¶102

!.A.NO:1 OF 20221

¶103

Petition Llnder 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 respondentr; and their sub-ordinates, not to interfere with the petitioners peaceful possession and enjoyment of their respective open plots in Sy., Nos .1g2, 183and 187, situ,ated at Jangoan Town and Mandal and District, TS in any manner forthwith, pending disposal of the above writ petition.

¶104

Gounse! forthe Petitioners : SRI BETHI VENKATESWARLU

¶105

Gounsel for the Respondents : SRI H.RAKESH KUMAR, AGp FOR REVENUE

¶106

The Court made the following COMMON ORDER

¶107

THE HON'BLE SRI JUSTICE E.V.VENUGOPAL

¶108

and 1

¶109

COMMON ORDER:

¶110

The present writ petitions are filed by the respective petitioners, whose particulars are given below, under Articte 226 of the constitution of lndia, seeking to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus, declaring the action of the respondents more particularly respondent Nos.2 to 4 and their sub-ordinates in making efforts to encroach and interfere with the petitioners' peaceful possession and enjoyment of their respective lands and not conducting survey and not lixing the boundaries and not considering the iepresentations of the petitioners as highly illegal, arbitrary, bad and violation of Articles of Constitution of India and also amounting to violation of principles of natural justice and consequentially to direct the respondents and their sub-ordinates not to interfere with the peaceful possession and enjoyment of the petitioners lands and to direct them tb conduct a survey and firx the boundaries.

¶111

In all these writ petitions this Court heard Sri Bethi Venkateshu,arlu, learned counsel for the petitioner and Sri Hingolekar Rakesh Kumar, learned Assistant Government Pleader appearing on

¶112

--

¶113

Page 2 of l0

¶114

behalf of learned Government Pleader for Revenue Sri K.Muralidhar

¶115

Reddy

¶116

Since all these writ petitions are interconnected, this Court disposes of the same by way the present common order.

¶117

The particulars of the lands of the petitioners in all these writ petitions situated in Sy.Nos.182, 183 and 187 of Jangoan Vitlage and Mandrrl and District, Telangana State are given below:

¶118

WP No.	PlotNo.	Document No.&Dt.	Extent	Repre- sentation/s dated	Mutation proceedings
15064	13	so46l2ols 27.O7.20L5	229.33 Sq.Yds.		ROCNos.
,of 2020 &	t4	5O9s/2Ot4 25.09.2014	150.77 Sq.Yds.		ALltos/2oL7, ALlLLLl2OrT,
9277 of	l4	5092l2Ot4 os.09.2014	t42 Sq.Yds.	L4.O9.2017	ArlLoT/2017& ALlto8l2ol7 All
202r	15	so92l20t4 05.09.2014	t18.14 Sq.Yds.		dated L4.O9.20L7
	6-3-61	3781/2OrO 24.O5.20tO	4983.8t Sq.Yds.		ROCNos.
13991	6-3-s6	6t4l1,987 18.05.r987	25s Sq.Yds.	F-Line	ALl2s9l2OrO, dt.15.06.2021,
of 202L	€,-3- s7/t	t,Lo4/1997 17.O9.t997	90 Sq.Yds.	application dt.31. LO.20t9	Arl29Ol2OrL, dt.24.o5.2011&
	6-3-57	9t9l2OO4 21.45.2004	90 Sq.Yds.		ALl2eOl2OtL Dt.24.05.2011
	6-i',-oo2	779l20ts 05.o2.20t5	200 Sq.Yds
		4A73l2006 18.tI.2006	200 Sq.Yds	FLi
L7487 of	7	9O8l2OO7 13.O2.2007	118.6 Sq.Yds.	-ne Application
202t		9O7/2OO7 13.o2.2007	r18.6 Sq.Yds.	No.DER021 900457680
	5	4L68l2006 23.11.2006	147.5 .Yds	Dt.30.L2.20L9

¶119

Page 3 of l0

¶120

8	s684/2006 02.tL.2006	200 Sq.Yds
Open	t74rl2oo7	26L.1
plot	24.O3.2007	Sq.Yds
9	368s12006	200
	02.rL.2006	Sq.Yds,
6	487/2OO7	200
	29.Or.2007	Sq.Yds
Open	2OLOl2OO7	233.95
Plot	07.04.2007	Sq.Yds
tl&12	3683l2006	284.16
	o2.Lt.2006	Sq.Yds
Open	3301/20rs	129.2
Plot	13.05.2015	Sq.Yds
Open	2169/2021	130
Plot	03.o3.2021	Sq.Yds

¶121

The brief facts pertaining to WP No.15064 of 2O2O are that the lst petitioner is the sole Olegal heir of la.te Pasunuri Ram Reddy, who in turn inherited agricultural lands from his father, [a.te Pasunuri Mohan Reddy, the originat pattadar and titleholder of lands situated in Survey Nos. 182 and 183 of Jangaon Village, Mandal and District, Telangana. Father of the 1"t petitioner sold portions of the said lands during his lifetime and upon his intestate demise in the year 2013, the 1st petitioner succeeded to the remaining extent and has since been in peaceful possession and enioyment thereof. Further, petitioners No.2 to 5 have also purchased open plots in the said survey numbers through registered sale deeds, as stated in the above table and are likewise in peaceful possession of their respective properti,es. However, due to the non-mutation of names in the revenue records, the name of the lst petitioner's grandfather continues to appear therein. The grievance of the petitioners is that in the year 2OL9, the revenue authorities

¶122

Page 4 of l0

¶123

attempte(l to interfere with their possession and sought to encroach upon their patta lands, under the pretext that portions of the land fall within go\rernment lands pertaining to survey Nos.lgo and 1gl, which are recorciled as Endowment Department lands and are adjacent to the petitioners' lands. Despite several representations and F-Line survey applicatio,s submitted in 20rg and 2020 requesting a proper demarcatir>n of boundaries, no survey has been conducted and instead the revenute officiars continue to interfere, attempting to fix boundarJr stones wi:thout proper identification or rawfur authority, thereby violating flre petitioners' rights and causing a threat of irreparable injury.

¶124

The brief facts narrated in wp No.927z of 2021 are that as stated in ttre above paragraphs, upon demise of grandfather of the l"t petitioner, rris father, being the sole heir, inherited the lands and sord portions th:rough registered sale deeds. After his intestate death in 2013, t,.e pt:titioner, as the only legal heir, succeeded to the remaining lands and r:ontinues in peacefur possession. Hou,ever, due to non_ mutation, ttLe grandfather's name continues in the revenue records. It is further subrnitted that petitioners 2 to 5, being a joint family, purchased i'dividual prots from the said survey numbers through valid sale deeds as stated in the above tabre, have been in uninterrupted possession- 'r'heir names \f,,ere duly mutated in municipal records, and

¶125

Page 5 of l0

¶126

plot numbers were allotted. The lands of the petitioners lie adjacent to government lands in Sy. Nos. 180 and 181, recorded as Endowment lands. ln 2019, upon allocation of the said government lands for public construction, revenue authorities, without conducting any survey, attempted to fix boundary stones encroaching upon the petitioners' patta lands. Representations dated 04-11-2019, 29-12-2019 and multiple F-Line applications including those dated L3-L2-2O19 and 17O8-2O2O were submitted requesting demarcation, but no action was taken. Despite an interim order dated 1O-11-2O2O passed in W.P. No.15O46 of 2O2O directing the respondents to process the petitioners' apptications upon submission of relevant documents, Ure authorities failed to comply. Instead, on 06-O4-2021, reslrcndents along with police personnel and a JCB trespassed into the petitioners'plots, demolished a tin shed, damaged fencing, and caused losses amounting to approximately Rs.l,OO,OOOl-, prompting a complaint to higher police authorities. The petitioner contends that these acts are in violation of the interim orders of this Hon'ble Court, arbitrary, and amount to illegal encroachment over private patta lands. The petitioners apprehend further unlawful interference, causing irreparable harm unless restrained by appropriate orders from this Court.

¶127

Brief facts, as narrated in WP No.1399L of 2O2l are that the petitioner No. ['s partnership [irm, M/s. NMR Gardens, purchased a

¶128

Page 6 of l0

¶129

plot admeasuring 4983.8I sq.yds., in sy.Nos. tg2/t e ]'83/1 vide Registere<l Sale Deed dated 24.O5.2O1O. Petitioners 2 to 5 also acquired residential plots situated at Suryapet Road, Jangaon, vide registered instrumerrts as stated above including sale and gift deeds executed by the legal heirs of the original pattadar, Late pasunuri Mohan Reddy, whose neLrne appears in the revenue records. prior to and post_ purchase, building permissions and municipal mutations were duly obtained. The respective structures, including a function hall and residential. houses, were constructed as per sanctioned plans. Municipal receipts and property tax records evidence their lawful possessiorr and enjoyment as absolute owners. The subject lands originally belonged to Late pasunuri Mohan Reddy, who was granted a pattadar passbook and title deed. Upon his demise, his son, pasunuri Ram Redd:r, inherited and sold part of the lands. However, due to non_ mutation, rlte name of the original pattadar stitl appears in the revenue records as per the pahani for 2O2O-21. The petitioners' properties lie adjacent to sy.Nos.l80 and lg r, classil-red as Endowment (Governme:rt) lands. In 2}lg, said Government lands were allotted for public conr;tntction, including a District Collector's office. petitioners allege that revenue authorities, without proper demarcation, attempted to encroach upon their patta lands under the pretext o[ boundary fixation, wtrich was resisted by the petitioners and other plot owners. owing to the boundary dispute between Sy. Nos. I g2 &, r g3 and r

¶130

Page 7 of l0

¶131

Sy.Nos.l8O & 181, as well as with adjacent [ands of Nellutla Revenue Village, F-Line applications were filed. A notice vide File No.D.E.R MS No.139/2019 was issued by respondent authorities for survey, but no survey was conducted despite repeated oral requests. Petitioners have been in uninterrupted possession since 1987, with no disputes until 2OL9. On 18.O6.2O2L, respondent officials, without any authority or prior notice, allegedly trespassed onto petitioners' premises, threatened demolition using JCB machinery and attempted encroachment, which was resisted with the help of local residents. Photographs from that date depict the said incident. A complaint attempt before the local police was reportedly refused. Petitioners claim that revenue authorities are acting under political influence and monetary pressure and deliberately avoiding boundary surveys to facilitate encroachment. They allege threats to demolish their structures and forcible eviction under the false pretext that their plots fall u'ithin Sy.Nos.18O & 181. Similarly placed plot owners have approached this Court and interim orders have been granted in W.P. No.15O64 of 2O2O dated 10.11.2O2O and W.P. No.9277 of 2O2l dated 12.04.2021, both of which remain pending.

¶132

Brief facts narrated in WP No.17487 of 2021 are that the petitioners are the absolute owners and possessors of various open plots situated in Survey Nos.182, 183 and 187 of Jangaon Town, haviftg lawfully acquired the same through registered sale deeds as

Page 8 of I0

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stated in the above table between 2006 and 2021 from the legal heirs of [,ate Pasunuri Mohan Reddy, the original pattadar and titleholder. They have beerr in peaceful possession and enjoyment of their respective plots sincr: the dates of purchase. These plots are adjacent to lands in Sy.Nos.180 and 181, classified as Government (Endowment) lands, which have been allotted to the Revenue Department for public purposes. From 2Ol9 onwards, the petitioners allege that the respondents, under.political pressure and without legal authorit5r or proper demarcation, made repeated attempts to interfere with and encroach upon their patta lands, claiming them to fall within government boundaries. Despite submission of an F-Line application requesting; an official survey and boundary fixation, no action has been taken by the authorities. The petitioners contend that the deliberate refusal to conduct the survey and continued threats of eviction and demolition, without due process, violate their constitutional and legal rights. Th,3y apprehend irreparable injury if the respondents' actions are not resrtrained.

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ln these circumstances, the petitioners have approached this Court under Article 226 of tlle Constitution of India seeking appropriate relief to pr:otect their possession and to restrain the authorities from encroachirrg upon their patta lands

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GHF,+.ffi::

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Page 9 of l0

¶140

On the other hand, learned Assistant Government Pleader, by filing a copy of instructions given by Revenue Divisional Oflicer, Jangaon/respondent No.3 would submit that the writ petitions are not maintainable as the petitioners lack written authorizations from other plot owners. It is further submitted that though F-line petitions were frled seeking demarcation of plots in Sy.Nos.182, 183 and 187 of Jangaon Town, no supporting documents were submitted with respect to Sy.No.L87. The land in Sy.No.187 is patta land and there is no interference by the authorities. [t is also contended that demarcation of Sy.Nos.182 and 183 was carried out based on available village maps due to the non-availability of tippons and discrepancies in extent were observed. The plots claimed by the petitioners are found to fall within Sy.No.184, which has already been acquired for the Collectorate Complex. The settled extents need to be rectified under Section 87 of Telangana [.a.nd Revenue Act for which action is initiated. The land in Sy.No.187 being a patta land to an extent of Ac.1S-OO Gts., is intact and there is no problem with the plots in this survey number and thus, the claim of interference is denied. Demarcation reports,^panchanama and location sketches have been submitted for^perusal.

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L

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Having heard the rival contentions advanced on both sides and upon perusal of the record, since the^respondents have stated that a survey has already been conducted, this Court, without expressing

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Page l0 of l0

¶144

any opinion on the merits of the case, directs the oflicial respondents to strictly follow the procedure prescribed by law and take appropriate action, if the situation so warrants.

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1 1. With the above observations, these writ petitions are

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disposed o[. No costs. Interlocutory applications, if any pending, stand

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closed.

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Sd,.A.JAYASREE ISTANT

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//TRUE COPY//

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SECTION OFFICER To 1. The Priru;ipal Secretary, Revenue Department, Secretariat. State of Telangrana at Hyderabad, T.S.

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The District Collector, Jangoan District,I Jangoan t6wn, T5-506 167 3. The Revr:nue Divisional Officer, Jangoan Revenue Division, Jangoan District T5-506 167.

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