G. Satyanarayana Reddy Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

G. Satyanarayana Reddy Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Direction to the respondents to examine the petitioner's application dated 25.01.2025 seeking permission for construction of a house in the subject property and, if the petitioner's occupation is found to be in violation of law, to take appropriate action strictly in accordance with law; no order as to costs; pending miscellaneous petitions (including I.A. No. 1 of 2025) stand closed.

Issue for consideration

Whether the action of respondent Nos. 1 to 6 in trying to interfere with the petitioner's peaceful possession and enjoyment of Plot No. LF.429, Domalpenta Village, Amrabad Mandal, Nagar Kurnool District, allotted to him vide Lr.No.EE & B3/DB/D2/A.23 dated 31.12.1997, is illegal and arbitrary. +1 more

Court's answer

The Court expressly refrained from expressing any opinion on the right and entitlement of the petitioner over the subject property, leaving that question open.

Ratio / Principle

With the consent of the learned counsel for the respective parties, the writ petition was disposed of at the admission stage.

Key takeaways

Without expressing any opinion on the right and entitlement of the petitioner over the subject property, the Court directed the respondents to examine the application submitted by the petitioner dated 25.01.2025 seeking permission for construction of a house in the subject property, and if the occupation of the petitioner is found to be in violation of law, the respondents are to take appropriate action strictly in accordance with law.ratio¶36

Detailed headnote1 paragraphs

Writ Petition disposed of at admission stage (with consent of counsel) - Plot No. LF.429, Domalpenta Village, Amrabad Mandal, Nagarkurnool District, allotted to the petitioner by the Irrigation Department vide Lr.No.EE & B3/DB/D2/A.23 dated 31.12.1997 on monthly rent of Rs. 1,440/-; petitioner in continuous possession for over four decades, sought conversion of leasehold into freehold rights and filed an application dated 25.01.2025 for permission to construct a house, while respondents 1-6 (Irrigation Department officials, MPDO, Tahsildar) allegedly attempted to interfere with his possession. HELD: Without expressing any opinion on the petitioner's right or entitlement over the subject property, the Court directed the respondents to examine the application dated 25.01.2025 and, if the occupation is found to be in violation of law, to take appropriate action strictly in accordance with law. No order as to costs; miscellaneous petitions closed. (C.V. Bhaskar Reddy, J.; 12.02.2025)

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

WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TiVt^-'

PRESENT

THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY

Between:

WRIT PETITION NO: 3964 oF 2025

AND

R/o G Satyanaravana 1 1 -'l e Ddmatpenta Reddv VilriG S/o. n;;,aL;;#AYid;;rkurnoot Rang.a Reddy Age about 48 years, DistrictOcc Cooli ...PETITIONER

' {!:€ffrit',,?3lrt#f ,5r"d,^{bv its Principar'secretaryrrrigation Department}

z. I he Executive Engineer, AMRSLBC proiect. ^S!!^Division^{No..1, Biahmagiri,}

^^{Srisartam Dam wdst, Nagari,rno6i-oi.iiili_iiosazo} .r

3 The Deputy executiv'e Fri9ir""i, linrHslEb"erolect, sub Division No. .^{Brahmagiri, Srisailam.oari wesi,} frfrg'",i;i.o"r. District _509326

4 rhe Assistant Executive ensi;;;, AM;iStBb C,t;;i"i.rb D;";on No 1, Bra h mao i ri. s risa i tam o_" m weii *rii'ii.ii _?r District _5 09 326

5 The rr/aridar parisnitn^{-oe^veiffi} ;;itftH,'f, mraoad rvrandar Amrabad

^^{|.a9q1kurnoot District_SO12O1'}

rne rahsrrdar. Amraba{Mandar Amrabad Nagarkurnoor District -50g201

'1:;3,:I3#Vi3'slftJl%1T;:td8iil"a:'[tifi^':,iijii,F''

petition under Arricre 226 of the Constitution of tndia ,rriffil3lr,..H: circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ or order or direction more particurarry one in the nature of writ of Mandamus decrare the action of the respondents no. 1 tq 6 in lrying to interfere in peaceful possession and enjoyment of the plot no. L F plot.42g situated at Domalpenta village Amrabad Mandal Nagar Kurnool District thqugh the said plot allotted to- the petitioner vide no. Lr no,EE and B3IDBID2/A.23 dated 31_ 12-1997 and also similarly situated persons nearly 600 houses were constructed in the Domalpenta viilage Amrabad Mandar Nagarkurnoor District is ilegar arbitrary and vioration of principre of Naturar Justice, Articre .14 and 21 0fthe constitution of lndia and consequenay direct the respondents no. 1 to 6 not to interfere in peaceful possession and enjoyment of the prot no. L F prot. 429 situated at Domalpenta village Amrabad lVlandal Nagar Kurnool District

lA NO:^'l OF 2025

Petition under^rSection 151 CPC praying that in the ctrcumstances stated in the affidavit filed rn sup,port of the petition, the High Court may be^pleased to direct the respondents 1 to 6 not to interfere in peaceful possession and enjoyment of the Plot no. L F P ot 429 situated at Domalpenta village Amrabac Mandal Nagar Kurnool District of the^{petitioner pending} disposal of W.P. Counsel for the Petitioner: SRI G. ALLABAKASH

Counsel for Respondent Nos. 1 to 6: GP FOR IRRIGATION AND CAD

Gounsgl for Respondent No. 7: SRI R. CHANDRA SEKHAR REDDTY

The Court made the following: ORDER

(7

THE HON,BLE SRI JUSTICE C.V.BHASKAR REDDY

WRIT PETITION No.3964 of 2ol25

ORDER:

This Writ Petition is hled seeking to declare the action of respondent Nos. 1 to 6 in trying to interfere with the peaceful possession and enjoyment of the Plot No.L F Plol. 429, situated at Domalpenta Village, Amrabad Mandal, Nagar Kurnool District though the said plot is allotted to the petitioner vide Lr.No.EE & B'3/DB/D2/A.23, dated 31.12.1997, as illegal, arbitrary and for other appropriate reliefs.

Considered the submissions of the learned counsel for the respective parties and with their consent this writ petition is disposed of at the admission stage.

It is stated that the petitioner was allotted Plot No.LF.429, situated at Domalpenta Village, Amrabad Mandal, Nagar^Kurnool District by the Irrigation Department uide Lr.No.EE^& 83 IDB lD2l A.23, dated 31.12.1997 , on^payment of^monthlyrent of Rs. 1,44O/-. It is further stated that since the date of allotment of the said plot on lease, the petitioner is in continuous possession for more than 4 decades. It is further stated that the petitioner has submitted a representation for conversion of lease hold^{rights into}

2

cvBR, J wP_3964_2025

free hold rights under various GOs^{issued by the Governrnent from} time to time. The^grievance of the^{petitioneris thatthe} respondents. instead of^passing appropriate^{orders pursuantto the} representation s ubmitted Lry him, are^{making efforts to dispossess} him in violation of the due^process of^law.

Learned r:ounsel for the petitioner has subrnitted that the lands which have been acquired for the^purpose of Srisailam Project and sonre of the acquired lands which have not been utilized for the purpose of the said project have been allotted to various individuals on payment of monthly rent. It is furtlrer stated that even th or-rgh the petitioner was allowed for^{,:onstruction} of pakka house in the lease properfy, the respondents are dc:nying for conversion of Ie ase hold rights and making efforts to forcefully dispossess the 1x:titioner.

This Court without expressing any opinion on the right and entitlement of tb e petitioner over the subject property, since it is stated that the petitioner was inducted into possession b5' way of a lease deed uide Lr.No.EE &, B3IDB/D2/A.23, daLed 31 12.1997, this Court cieerLs it appropriate to dispose of the wril- pet.ition directing the respondents to examine the application subrnitted by the petitioner dated 25.O1 .2025 seeking permiss;ion for construction of house in the subject property and if it is fc,und that

3

cvBR,^J w9-3964-2025

the occupatron of the^{petitioner is inviolation of law' the} directed to^{take appropriateaction strictlyin} respondents^are accordance^{with law}

6 Withtheabovedirections,thisWritPetitionisdisposedof.

There shall^{be no orderas to costs'}

As a sequel^{thereto, miscellaneouspetitions' if any' pending}

shall stand^closed.

SD/^-MOHD.ISMAIL ASSIS NT REGISTRAR

//TRUE^COPY//

CTION^OFFICER

elangana,

To, 1. The^{PrinciPal. Secretarylrrigation DePartmen, Stateo} elangana, Secretariat,^{Hvderabad -500022}

2.rhe Executive^{Engineer,A[Vl RSLBCProject, Sub Division No 1, Brahmagiri'} S risailam^{Dam West, Nagarkurnool District-509326}

1. The^{DePutYExecutive Engineer, AMRSL BC Proiect'Sub Division No 1,} ,

Brahmagtrt'^{Srisailam Dam West, Nag arkurnool. District -509326}

1. The^{AssistantExecutive Engineer, AMR SLBC Project'Sub Division No. 'l} Brahmag^{iri, Srisailam Dam West Nagarkurnool District-509326}

5T he^{lVland al Paiishath DeveloP mentbfficer,Amrabad Mandal Am rabad} 6. NagarkurnThe^{Tahsildar, Aool District mrabad Mand-509201al AmrabadNaga rkurnool District -509201} 7. The^{PanchaYatsecretarY,Domalpenta GramPanchaYa th, DomalaPenta} Village^{Amrab ad MandalNagarkurnool District -509326} hAdvocn & Common ate [OPUC]

One^C G Allabakas hAdvocn & Common ate [OPUC]^Area DeveloPment, High Court for C to Sri PForl rng atio

Two^{CCs to G} 10.One the State^{CCto of TelaSri R} ngana. Chandra[o ReddY,^{Advocate(oPuc)} 11.Two^{CD CoPies}

MBC "Il,n* BS $

HIGH COURT

DATED: 1210212025

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ORDER

WP.No.3964 of 2025

DISPOSING OF WRIT PETITION

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WITHOUT COSTS