Madireddy Narasimha Rao Vs The State of… — Writ and Judicial Review | Telangana HC (2025)

Madireddy Narasimha Rao Vs The State of… — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to the respondent authorities to follow due process of law before initiating any action on the subject property; miscellaneous applications, if any pending, stood closed; no order as to costs.

Issue for consideration

Whether the action of the respondents in threatening to dispossess the petitioner from his long-standing possession of land in Sy.Nos. 155/1 and 162, Dummugudem Village and Mandal, Khammam District, without issuing any notice and without following due process of law, is illegal and arbitrary, warranting a writ of mandamus restraining dispossession or interference otherwise than through due process.

Court's answer

Expressly without expressing any opinion on the merits of the case, and merely recording counsel's submission that the respondents had ceased interfering after the 06.03.2015 interim order, the Court disposed of the writ petition directing the respondent authorities to follow due process as contemplated under law before initiating any action on the subject property.

Detailed headnote1 paragraphs

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) — WRIT PETITION No. 3079 of 2015 — Madireddy Narasimha Rao v. (1) State of Telangana, Rep. by its Principal Secretary, Revenue Department; (2) District Collector, Khammam District; (3) Revenue Divisional Officer, Bhadrachalam; (4) Tahsildar, Dummugudem Mandal — decided 07-04-2025 by Justice N.V. Shravan Kumar (single Judge). Petitioner, aged about 75, claimed peaceful possession and enjoyment of land in Sy.Nos. 155/1 and 162 at Dummugudem Village and Mandal, Khammam District since the year 1951, raising paddy crop therein; on 20.01.2015 respondent No.4 Tahsildar, with his staff, threatened to dispossess him within a couple of weeks. By writ petition under Article 226 (with companion application IA No.1 of 2015 / W.P.M.P. No.4109 of 2015 under Section 151 CPC) he prayed to declare the threatened dispossession without notice and without due process illegal and arbitrary, and to restrain dispossession or interference otherwise than in accordance with due process of law. Interim order dated 06.03.2015: 'there shall be stay of dispossession'. At the final hearing, learned counsel reported that subsequent to the interim order the respondent authorities were not interfering with the petitioner's peaceful possession. WITHOUT EXPRESSING ANY OPINION ON THE MERITS OF THE CASE, the Court DISPOSED OF the writ petition DIRECTING the respondent authorities to FOLLOW DUE PROCESS AS CONTEMPLATED UNDER LAW BEFORE INITIATING ANY ACTION on the subject property; miscellaneous applications, if any pending, were closed; no order as to costs; no monetary quantum involved; no precedent cited or engaged; no dissent (single-Judge bench).

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

MONDAY,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

WRIT PETITION NO: 3079 OF 2015

Between:

Madireddy Narasimha Rao, .S/o._Sarveswara Rao, Aged about 75 years, Occ Agriculture, Ri/o. Dummugudem post, vitt"ge "nJMAir;at,^{xrrammimriistrili}

...PETITIONER

AND

I I!:-Sl:l: of Tetangana, Rep. by ils principat Secretary, Revenue uepanment, Secretariat, Hyderabad.

The District Collector, Khammam District, Khammam.

The Revenue Divisional Officer, Bhadrachalam, Khammam District

The Tahsildar, Dummugudem lvlandal, Khammam District.

...RESPONDENTS

Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, tne Hiltr'CJu.t'ruv 'u" pleased to lssue an appropriate writ, order or Direction, ,oru-purti"Jurrv oie in the nature of writ of Mandamus, to decrare the action or tne resfonients- in threatening to dispossess the petitioner from his raMur possessro" iil".p"ti or the land in Sy.nos. 1 55/1 and 162 admeasuring Ac. 0.05 guntas and nI.- i.oz guntas situated at Dummugudem Viilage and MJndar, Khamham oistric, wrtiout issuing any notice and without foflowing the due process of Law, as oeing iriegar, arbitrary, unjus( and viorative of ArticrJ2l ano sbo-R of the constitution of rndia and consequentry direct the respondents not to dispossess or interfere with the peaceful possession and enjoyment of the petitioner in respect or tne auove saio land without following the due process of Law.

t.A. NO: 10F 201s(wPMP. NO:4109 OF 2015)

Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, ihJHigt, court may be preased to pass orders directing the Respondent authorities not^-to disposseis or'in "ny ,"inu.

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interfere^{with the possession and enjoyment of the petitioner in respect of the land} in Sy.Nos.^{155/1and roi JmeatuiingAc 0 05 ountasand Ac' 3'07 guntas} situated at^{Dummugud";;iid;; ani Mandal'kh"'nrn"Distric' pending} Oi.pi.rf^{otlh" *rin\furit Petition'in the interest of justice}

Counsel^{for the Petitioner:SRI' PRAVEEN KUMARVEERJALA}

Counsel^{forthe Respondents:GP FOR REVENUE}

The Court^{made the following:ORDER}

HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR UIRIT PETITION No. 3079 of 2015

ORDER:

This writ petition is frled seeking the following prayer:_

"to declare tLe action of the respondents in threatening to dlspossess-lhe petitioner from hts to*pt li"r.sslon ln respect of the land in Sg.Uos.lSS/i ana 162 admeasuring Ac.o_oS gts., and'Ac a-;;;; , situated at Dummuqudem Villaae and Mand.al, XnZ^o^ District fy.Akgt^{tand) withiut issuingang} notice and. without following the d.ue Drocess by Li o" i.ing ittegal, a-rbitrary and consequenttg direcr ti. ;;po;";"nts not to io n a n d drspossess o r i nt e rfe re * iin i i" p. o' ; ;; i".:, ;:; ", enjogment of the petitio.ne, in rispe"i oJii'." oAoue said land withaut foltowing tfn a". prol.is ;i;;;""

The facts of the case are that petitioner claims to be in peaceful possession and enjol.rnent of the subject lal1d since tJ.e year 1951. Thereafter, petitioner raised the paddy crop in the subject larrd. Subsequently, on 2O.Ol .2015 respondent No.4 along with his staff approached tJle petitioner and threatened to vacate ald handover the possession of his land within a couple of weeks. euestioning the same, the present writ petition is frled.

Today when the matter has been taken up for hearing, ( learned counsel for the petitioners submits that this Court

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uideorderdatedo6.03.2o15,passedthefollowinginterim

order:-

"Wheru the^{mattercame up on 13'02'2015'learned} Assistant Gouernment^{Pleader sought time to obtain} instntctions and,^{as such, the matter uas listed on} 20.02.2015.^{On 20.O2.2015, the matteru.tas adjourned to} todag. Todag,^{learned Assrslant GouernmentPleader} . reported^{no instructions.}

H"n ., there^{shall be stay of dispossession'"}

Learned^{counsel for the petitionersfurthersubmits that} subsequent to^{the interim order dated 06'03'2015' the} respondent authorities^{a-re not interferingwith the petitioner's} peaceful^{possession over the subjectproperty'}

Recording^{the above submissionald withoutexpresslng} any opinion^{on the merits of the case, this writ petition is} disposed of^{directingthe respondentauthorities to follow due} process as contemplated^{under law beforeinitiating action on} the subject Property.

Accordingly,^{with the above directionsthis writ petition}

1S disposed of. Miscellaneous^{applications, ifany pending,} shall stand closed.^{No order as to costs}

SQ/.K.BHAVANI SWAMY "/ ,/ AS\rANr .RE_9J?LF.4.R " ' //TRUE^COPY' secrHlrPorrrcen

To,

1 The Principal^{Secretary' RevenueDepartment' Secretariat' Hyderabad}

2 The District^{Collector, KhammamDistrict' Khammam'} J The.Revenue^{DivisionalOfficer' Bhadrachalam' Khammam District} 4 The^{Tahsildar' DummugudemMandal' Kh-ammam District'}

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One CC to SRt. PRAVEEN KUMAR VEERJALA Advocate tOpUCI u I#f;". to GP FoR REVENUE, High courr for the State of retangana.

\ 7. Two CD Co pres

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HIGH^COURT

DATED:0710412025

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ORDER

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WP.No.3079^{of 2015}

DISPOSING^{OF THE WRIT PETITION}

WITHOUT^COSTS

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