Kondaveeti Vijaya Lakshmi Vs The State of Telangna

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

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WEDNESDAY, THE THIRD DAY OF SEPTEIVBER 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: 15781 OF 2020

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Between:

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Kondaveeti Vijaya Lakshmi, Wo C.Mohan, Aged about 68 years, OccRetd Employee, Rl/o H.No.1-1-565,flat no 30'l,Raghavendra Apts, New Bakaram, Musheerabad, Hyderabad.

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.....PETITIONER

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AND

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1- The State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad.

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The District Collector, Rangareddy District. Bhongir, Telangana.

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The Thasidar, Adullapurmet Mandal, Rangareddy District.

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.The Gram Panchayat Piglipu(V), Rep by its Panchayat Secretary, Abd ullapurmet(lt/ ), Rangareddy 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 in the nature of Writ of [,4andamus, declaring the action of the respondents 3 and 4 in interfering with the property of petitioner bearing plot no 23, admeasuring 400 Sq. Yards, in Sy no 3,16,5111,1211 and 5'1/A Parts, situated at piglipur Village, Abdullapurmet Revenue Mandal, Rangareddy District ,as being illegal, arbitrary and against to the law, apart from being in violation of Article 21 of the Constitution of lndia and consequently direct the respondent no 3 to follow the due procedure contemplated under the law.

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'-:'::

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I.A.NO:1 OF 2020

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Petition Under Section 151 CPC praying that in the c I )rmstances stated in the affidavit filed in support of the petition, the High Cc,L r may be pleased to direct the respondent no 3 and 4 not to lnterfere ln constrL r tion of fencing in the property of petitroner bearing plot no 23, admeasuring 4(li) :iq. Yards, ln Sy no 3,16,5111,1211 and 51/A Parts, situated at piglipur Vi age, Abdullapurmet Revenue Ir,4andal, Rangareddy District, pending disposrr of the above writ petition.

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Counsel for the Petitioner : M/s PILLIX LAW FIRM

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Counsel forthe Respondent Nos.l to 3 : GP FOR REVENL I

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Counsel for the Respondent No.4 : SRI G.NARENDER REt) )Y

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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.15781 of 2O2O

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ORDER:

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This writ petition is filed with the following prayer

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"fo issue an appropriate utit order or direction more in the nature of Writ of Mandamus declainq the action of the respondents 3 and 4 in interfering tuith the propeftu of petitioner beainq plot no.23 admeasuinq 4OO Sq Yards in Surueu 1[os.3, 16, 51/1, 12/1 and 51/A Parts situated at piq lipur Villaq e Ab duLLapunnet Re uenue Mandal Ranq ared dtt Distict cts beinq illeqol arbitraru and aqainst to the low apart from^{beinq in uioLation of Article 21 of the Constitution of India} and consequentlq direct the respondent no 3 to follow the due procedure contenplated under the latu"

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Heard the learned counsel for the petitioner a-nd the

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learned Assistant Government Pleader for Revenue.

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When the matter is taken up for consideration learned cotrnsel for the petitioner submits that the petitioner is ttre absolute owner and possessor of land bearing Plot No.23 admeasuring 4O0 square yards in Survey Nos.3, 16,5l/1, 12/l and 51/A (part). While so, the official respondents a-re claiming the subject land as Government land and are allegedly interfering with the petitioner's possession and attempting to acquire the sarne. It is stated that the petitioner purchased the said land from their vendor under a registered sale deed bearing document No.iO9O/2019, dated 29.O1.2OI9 on the file of SRO, Abdullapurmet. The petitioner's vendor in turn purchased the

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larrd under document No.9669 12018, dated 20.ll taol8, from his vendor, who had earlier purchased it urr ler document No.2208l2018, dated 12.03.2018. The pebti, ner's vendor's vendor had originally purchased the same from /[/ s. Sreemitra Townships Private Limited under a registered r,i 1e deed in the year 2006. He further submits that ever sinc: pr-rrchase, the petitioner has been in possession of the said prop:rt5r. However, the unofhcial respondents are allegedly attempl.i r 4 to dispossess the petitioner without issuing any notice and l" Jrout following due process of law. Hence, prays for appropriate r irections.

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Learned Assistant Government Pleader for l:venue on the other hand submits that though the petiti<;rr:r relies upon registered documents, the land in the revenue :3cords stands classihed as Government land. Therefore, purch: ;e of such land under registered sale deeds does not confer an1'^ralid title upon the petitioner. Accordingly, prays for suitable orrl r's.

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This Court, without going into the merits o^- demerits of the rival contentions ald without expressing an1.^,l)inion on the question of possession, deems it appropriate to r1 rect the official respondents to foliow due procedure as contemlr. ated under law and to take necessar5r action, if so warranted. L is made cleal -

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J

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that this Court has not expressed any view on the aspect of title

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or possession of the subject prdperty.

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With the above observations, this Writ Petition is disposed

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of. No order as to costs.

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As a sequel thereto, miscellaneous applications, if aly,

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pending, shall stand closed

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SD/-A.H.S. GOWRI^SHANKAR ASSISTANT REGIST

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,TRUE COPY//

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SECTION OFFICER

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To 1.^.The Principal Secretary,^{Revenue Department,S} I riat Buildings, State of Telangana at Hyderabad

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2 Thb District Collector, Ra^{ngareddy Diskict.Bhongir,} langana a The Thasidar, Adullap urmet^{Mandal, RangareddYDistrict} 4 The Panchayat Secreta ry,^{Gram PanchayatPigliPur(V), Abdullapurmet(tt/),} Rangareddy District.

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