Disposed

Smt. Yelimeti Ramadevi @ Akhila v. The State of Telangana

Telangana HC31 Jan 2025WP/2783/2025

Case brief

AI extract

What is this about?

Writ petition by owner of patta agricultural land alleging irrigation/HMDA officials were interfering with her possession claiming part fell within a tank (Kunta). Court disposed the petition at admission stage directing respondents to issue notice before any survey or FTL/buffer zone fixation and not to disturb her possession till survey; petitioner not to change land's nature.

What did the court decide?

Respondents to give notice before survey/FTL or buffer zone fixation, consider objections, act per law; no interference with petitioner's possession till survey; no costs.

Smt. Yelimeti Ramadevi @ Akhila Vs The State of Telangana — Land Acquisition | Telangana HC (2025)

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[^32e6 ]

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

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FRIDAY, THE THIRTY FIRST DAY OF JANUARY 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: 2783 OF 2025

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Between:

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Smt. Yelimeti Ramadevi @ Akhila,^{Wo. Amarender Reddy' Aged..48years,} Occ. Housewife, Fyo.^{-H.No.6-67, Balapur,Saroornagar,Hyderabad,} Rangareddy District

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...PETITIONER

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AND

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The State of Telangana, Rep. by its^{SpecialChief Secretary, lnigation} Department, Dr. BR Ambedkar Bhavan, Secretariat,^HyCerabad.

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The Chief Engineer, lrrigation^{Department, Government of Telangana,} Khairatabad, Hyderabad.

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The Hyderabad Metropolitan^{DeveiopmentAuthority, Rep.- byitg} Commis-sioner, Swarna Jayanthi Complex,^{Sanjeevareddy Nagar,Ameerpet,} Hyderabad.

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution^{of lndia prayingthat in the} circumstances stated in the affidavit^{filedtherewith,the High Court maybe} pleased to issue an appropriate Writ or Direction or Order,^{more particularlyone} in the nature of Writ of Mandamus, to^{declare the action of the Respondent No.2} in interfering with the^{peaceful possessionand enjoymentof the petitioner's} agricultural land in Sy. No.22^{admeasuring Ac.1-00 gts., situated at Balapur} Village, Saroornagar Mandal^{(PresentlyBalapur Mandal), Ranga ReddyDistrict,} as illegal, arbitrary, unfair and against^{Article 14, 21 of the Constitutionof lndia,} principles of natural .justice and against all settled^{principlesof law, Article 14, 21}

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of the Constitution of lndia, principles of natural justice and against all settled principles of law and consequently direct the respondent No.2 not to interfere with the petitioners property in agricultural land in Sy. No.22 admeasuring Ac.1-00 gts., situated at Balapur Village, Saroornagar [Mandal (Presently Balapur Mandal), Ranga Reddy District, without following due process of law.

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lA NO:^'l OF 2025

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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 respondent No.2 not to interfere with the peaceful possession and enjoyment of the petitioners property agricultural land in Sy. No.22 admeasuring Ac.1-00 gts., situated at Balapur Village, Saroornagar Mandal(presently Balapur Mandal), Ranga Reddy District, without following due process of law, pending disposal of main Writ Petition.

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Counsel for the Petitioner: SRI B.VAMSHIDHAR REDDY

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Counsel forthe Respondent No.'l & 2: SRI LAXMALLA SANDEEP, AGP FOR IRRIGATION AND COMMAND AREA DEVELOPMENT

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Counsel for the Respondent No.3: SMT. D.MADHAVI, S.C. FOR HMDA

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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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WRTT PETITION N0.2783 of 2o25

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ORDER:

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. It is stated that the petitioner is the owner and possessor of the agricultural land admeasuring Acs.2.00 guntas in Sy.No.22 and. Ac.O.20 guntas in Sy.No.23, situated at Balapur Village, Saroornagar Mandal, Ranga Reddy District having purchased the same through registered sa_le deed bearing document No.3914 of 1999. It is further stated that her name was mutated in all the revenue records ald the revenue authorities also issued pattadar passbook No.T0503O08O214 uide Khata No.455. in her favour under the provisions of the Telangana Rights in Land and pattadar Passbooks Act,2O2O. It is further stated that on the eastern side of the petitioner's land there is 400,wide road laid down by RCI (DRDL) and to the southern side there is a graveyard. It is further stated that from 1999 onwards the entire extent of land in Sy.No.22 was allowed to be utilized for residential purpose and there are also dwelling units. The grievance of the petitioner is that the respondent authorities are frequently interfering with her possession and marking the portion of the land of the petitioner claiming that the same falls within a Kunta.

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rc<br>

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CVBR, J \'p_2783_2075

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Considered the^{submissions of the learnedcounsel for the} petitioner; Sri^{Laxmalla Sandeep,learnedAssistantGovernment} Pleader for^{Irrigationappearingfor respondentNos'l and 2 and} Smt.D.Madhavi,learnedStandingCounselappearingfor respondent^{No.3.and with their consent, this writ petition is being} disposed ofat^{the admission stage'}

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3 Learned counsel^{for the petitionerhas submitted that on} O8.O 1.2025^{the irrigationofficials along with the revenueand} HMDA offrcials^{have inspectedthe subject propertyand they are} taking steps^{for forcibledispossession of t1le petitionerfrom the} subject land.

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4.LearnedAssistantGovernmentPleaderforlrrigation'on instructions,^{would submitthat there is a Kunta existingin the} land forming^{part of Sy.Nos'2l,22 arrd 23 as per the village map} prepared under^{the provisionsofthe TelangalaLand Revenue Act'} 1317 Fasli and^{only to safeguard the Kunta' the respondent} authorities^{are proceeding with the survey'}

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This Court^{has carefully examined the contentionsof the} learned counsel^{for the respective parties'Primafacie as it appears} from the record that^{the petitioner has purchasedthe land to an} extent of Acs.2.O0^{guntasin Sy.No.22 and Ac'O'2O guntas in}

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CVBR, J wp_2783 202s

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Sy.No.23, situated at Balapur Village, Saroornagar Mandal, Ranga Reddy District through registered sale deed bearing document No.3914 of L999, her name was mutated in all the revenue records and pattadar passbook No.TO5O3008O2L4 uide Khata No.455 has been issued in her favour ald the nature of the land has been shown as patta land, this Court is of the opinion that the ends of justice would be met if the respondents are directed to issue notice to the petitioner before undertaking any survey or fixation of the FTL or buffer zone of the tank and after considering her objections take appropriate steps in accordance with law. Till the survey is conducted, the respondent authorities are directed not to interfere with the peaceful possession of the petitioner over.the subject land and at the same time the petitioner is also directed not to change the nature of the land in any manner.

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With the above observations, this Writ Petition is disposed of.

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There shall be no order as to costs.

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7 . As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

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To,

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Sd/. A.V.S. PRASAD ASSIS T REGISTRAR //TRUE COPYII TION OFFICER 1. The Special Chief Secretary,^{lnigatio-nDepartment, Dr. BR Ambedkar} Bhavari, Secretariat, Hyderabad,^{State of Telangana.}

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\ 2. The Chief Engineer, lrrigation^{Department, Government of Telangana,} Khairatabad, Hyderabad.

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The Commissioner, Hyderabad Metropolitan^{DevelopmentAuthority, Swarna} Jayanthi Complex, Sanjeevareddy^{Nagar, Ameerpet,Hyderabad.}

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One CC to SRI B.VAMSHIDHAR^{REDDY, Advocate} [OPUC]

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.. Con\f

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One CC to SMT D.IUADHAVI, SC for HMDA IOPUCI 6. Two CCs to GP for lrrigation and Command Area Development, High Court for the State of Telangana at Hyderabad. [OUT]

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