Golla Ramudu Ramanna Vs The State of Telangana

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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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TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL

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WRIT PETITION NO: 14010 OF 2020

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Between:

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Golla Ramudu @ Ramanna, S/o. Late Galenna, aged about 70 years, occ. Agriculture, F/o Eerladinne Village, Pebbair lvlandal, Wanaparthy District.

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Musti Krishnaiah, S/o. Late Rayanna, aged about 64 years, occ.Agriculture, R/o. Eerladinne Village, Pebbair Mandal, Wanaparthy District.

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Golla Bala Swamy, S/o.ilate Kistanna, aged about 65 years, occ. Agriculture, R/o. Eerladinne Village, Pebbair Mandal, Wanaparthy District.

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R. Chandra Reddy, S/o. Late Ayyap Reddy, aged about 87^years, occ.Agriculture, R/o. Eerladinne Village, Pebbair lr,4andal, Wanaparthy District

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Alampur Ram Reddy, S/o. Late Ayyap Reddy, aged about 75 years, Occ. Agriculture, Fyo. Eerladinne Village, Pebbair lvlandal, Wanaparthy District.

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K. Krishna Reddy, S/o. Late K. Sai Reddy, aged about 60^years, Occ. Agriculture, Fl/o. Eerladinne Village, Pebbair Mandal, Wanaparthy District.

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P. Bucha Reddy, S/o. Late Beesi Reddy, aged about 87 years, Occ. Agriculture, Eerladinne Village, Pebbair Mandal, Wanaparthy District.

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D. Shekar Reddy, S/o. Late D. Ram Reddy, aged about 60 years, occ. Agriculture, Rl/o. Eerladinne Village, Pebbair Mandal, Wanaparthy District.

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...PET|T|ONERS

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AND

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

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The District Collector, Wanaparthy District, Wanaparthy.

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The Thasildar, Pebbair Mandal, Wanaparthy District.

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The Mandal Parishad Development Officer, Pebbair Mandal, Wanaparthy District.

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The Grampanchayat, Eerladinne village, rep. by its Panchayat Secretary, Eerladinne village, Pebbair mandal, Wanaparthy District.

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Smt. Golla Nakka Padmamma, Wo. Kurmanna aged about 50^years, Sarpanch of Eerladinne Grampanchayat, R!/o. Eedadinne village, Pebbair Mandal, Wanaparthy District.

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G. Pratap, S/o. Chinna Ramanna, aged about 45 years, Occ. Agriculture, Rl/o. Eerladinne Village, Pebbair Mandal, Wanaparthy 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 order or direction more particularly one in the nature of Writ of

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Mandamus declaring action of the 2nd respondent in issuirrg he impugned notice in file No.B/33/2020 dated 1O-O1-2020 in directing the pet t lners [o vacate the respectrve cattle sheds and houses constructed in Sy. N: 451 at Eerladinne village, Pebbair Mandal, Wanaparthy District, without initiat ng proper proceedings though the petitioners are in possession and enjoyment of lh€ r respective extents of assigned land rn Sy. No 451 as per the assignment I egistrar in file No. 81208811987, dated 14-07-1989 and consequential action ) the respondents 4 and 5 ln disturbing the possession of the petitioners over the bove assigned land without following due process of law, as illegal, unlawfu', ontrary to law and consequently direct the respondents not to disturb the posse I sion and enjoyment of the petitioners over the above their assigned extents ir Sy.No.451 without properly initiating the proceedings.

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lA NO: 1 OF 2020

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Petition under Section 151 CPC praying that in the crr; rmstances stated tn the affidavit filed in support of the petrtion, the High Court mzl' be pieased to stay of all further proceedings in pursuant to the impugned notic dated 10-01-2020 issued by the 3rd respondenfin file No. 8/33/2020 including the eviction of the petitioners from their respective cattle shed and houses : )nstructed on their respective assigned land in Sy.No.451, as assigned as p -.r^{the assignment} registrar in f ile No 8/2088/1987, dated 14-07-1989 without frr owing due process of law, pending disposal of main Writ Petition.

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Counsel for the Petitioner: SRI M.DAMODAR REDDY Counsel for the Respondent Nos.l TO 3: Gp FOR REVENUT: Counsel for the Respondent Nos.4 & 5: SRI G.NARENDER R :DDy, SC FOR

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MPPZPP

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Counsel for the Respondent Nos.6 & 7: -

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL

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WRIT PETITION No.14OlO of 2O2O

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ORDER

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This writ petition is f-rled seeking following relief

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"...to issue an order or direction more palticularly one in the nature of Writ of Mandamus declaring action of the 2nd respondent in issuing the impugned notice in frle No.B/33/2020, dated 10.0 I.2020 in d-rrecting tJ:re peLitioners to vacate the respective cattle sheds and houses constructed in Sy.No.451 at Eerladinne village, Pebbair Mandal, Wanaparthy District u.ithout initiating proper proceedings though the petitioners are in possession and enjo;rment of their respective extents of assig:ned land in Sy.No.451 as per the assignment Registrar in file No.B/2088/ 1987, dated 74.O7.19a9 and consequential action of the respondents 4 and 5 in disturbing the possession of the petitioners over the above assigned larrd without following due process of law as illegal, unlarr{ul, contrar5r to law and consequently direct the respondents not to disturb the possession and enjo5,rnent of the petitioners over the above their assigned extents in Sy.No.4S1 without properly initiating the proceedings... "

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2. Learned counsel for the petitioners would submit that

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petitioners are in possession of the land in Survey No.45 1 in

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1'

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I<br>

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Eeriadinne village of Pebbair Mandal, Wanal; rrthy District to a-n extent of Acs.2.O3 guntas arrd the saic oossession is based on assignment vide assignment re I strar in file No.Bi 2OBB/ i987, dated 14.O7 .1989. Le:u ned counsel further submits that official respondents are rttempting to dispossess the petitioners herein by way of is ;uing notices vide impugned notice in file No.B/33./ 1020, dated lO.Ol.2O2O without gralting any opportL nity to the petitioners ald the same is clear violation cl principles of natural justice and the petitioners rights have been attempted to be taken away by illegal means i y respondent No.3 herein- Therefore, the petitioner is conr; rained to fi1e rqrit petition

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Learned Assistant Government Pleader Ic : Revenue by providing instructions would submit that pe I tioners have iiiegally occupied the vacant land pertai ring to the Government and no title has been conferrecl r or any patta has been allotted to the petitioners. The larL, , in question has been proposed by the Government for Fz lle Prakruthi Vanam Parks. As per the revemre records, 1a rd in Survey

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3

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No.451 of Eerladinne village, pebbair Mandal to an extent of Ac.1 1.20 guntas pertain to the Government has been assigned in the following manner viz., namely padmamma to an extent of Ac. 1.10 guntas, Anjaneyulu to an extent of Ac.O.30 guntas, Pratap to an extent of Ac.0.3O guntas, House sites for SCs and BCs to an extent of Ac.3.24 guntas ald Pormpogu Land (balance land) to arl extent of Ac.5.06 guntas. Hence, no land is left over and the claim of the petitioners does not have any validity without there being aly assignment ald simply re\ring on the assignment register will not confer any title to the petitioners. Upon the application made by the local sarpanch for construction of Palle Prakruthi Vanam and upon the report of the Deputy Revenue Officer, dated lO.Ol.2O2O, notice vide No.B/33/2O20 dated lO.Ol.2O2O has been seht to the petitioners herein directing the petitioners to appear before Tahsildar, Pebbair Mandal on or before 2S.OL.2O2O along with a1i the documents otherwise they will be evicted from the above land as per the procedure and accordingly notice has been served upon the petitioners herein. Instead of appearing before*o{ficial respondents the petitioners have

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-l I

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4

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chosen to fiie this rvrit petition. Hence, woul< seek to pass appropriate orders

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Having heard the learned counsel for r re petltloners ald learned Assistant Government pleader fc,r r Revenue and upon perusal of the material available on recl 'd, it appears that in the impugned notice the petitioners rr 'e directed to appea-r before Tahsildar on or before 25.O1.2(l iO along with the documents for establishing their title. Tl e petitioners instead of appearing before the Tahsildar, pet bair Mandal, approached this Court ald filed this writ petitir n.

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Hence, this Court deems it appropriate to direct the petitioners herein to appear before responder t No.3 along with necessary- documents to establish their po, session, title and ownership of the property, upon which rer; ,ondent No.3 is directed to conduct proceedings, in accordet ce rvith law, by affording opportunity to a_ll the necessar./ parties and pass appropriate orders, in accordance witlL law and in ter:m s of prorriso 15(1) of Telaagana Bhu Bhara ti (Record of Rights in Lar-rd) Act,2025 as expeditiously as p: ;sible.

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1

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With the above directions, this writ petition is disposed

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of. No costs.

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As a sequel, miscellareous applications if any, stands

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closed.

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SD/. M. OSMAN^{ALI BAIG} ASSISTANT^REGIST

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//TRUE COPY//

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ECTION OFFICER To 1. The Principal^Secreta ry, Revenue^DePartment,S re at, Hyderabad,^State of Telangana.

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The District^Collector, Wanaparthy^{District, WanaPart} 3. The Thasildar,^Pebba ir Mandal, Wanap arthy^District 4 The lvlandal Parishad Development Offi^{cer, Pebbair Mandal, WanaparthY} District.

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s ifre^{pancnavatSecretary,Grampanchayat,Eerladinnevillage'Eerladinne} villaqe, Peb6air^{mandal, WanaparthyDistrict} .^^.. .

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6 o;;tb to SRt^{ru onuoDARREDDY' Advocate [oPUC]} - - ;. iil dc. ttci^{FoRnrveruue,Highcourt for theState of Telangana'at} Hvderabad. [OUT'I iji,i"cCt" shl o^{rlnRenoeRREDDY,sc FoR MPPzPPIoPUC]}

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HIGH COURT

DATED:1610912025