Smt. P.Nagamani Vs The State of Telangana and 4 others

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 For all the reasons stated in the accompanying affidavit it is therefore prayed that this Hon'ble Court Mandamus declaring the action of the respondents in interfering into the peaceful possession and enjoyment of the petitioner over the agriculture land to an extent of Ac.1.34 gts., in Sy.No.34/E and Ac.1.34 gts in Sy.No. 34lEE, total to an extent of Ac.3.28 gts, situated at Rayapatnam Village. Dharmapuri Mandal, Karimnagar District presently Jagtial District without issuing any notice and without following due process of law as illegal, arbitrary, abuse of process of law, against rules and violation of principles of natural justice and consequently direct the respondents not to interfere into the peaceful possession and enjoyment of the petitioner over the agriculture land to an extent of Ac.1.34

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gts., in Sy.No.34lE an<l Ac.1 .34 gts in Sy.No. 34/EE, total t. an extent of Ac.3.2B gts, situated at RayaDatnam Village, Dharmapuri lvlandal Karimnagar District presently Jagtial District without due process of law in the ini( rest of justice.

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lA NO: 1 OF 2020

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Petition under Section 151 CPC praying that in the c r )umstances stated in the affidavit filed in support of the petition, the High Court m;l , be pieased to direct the respondents not to interfere into the peaceful possessiort rnd enjoyment of the petitioner over the agriculture land to an extent of Ac.1.34 gt ;., in Sy.No.34/E and Ac.1.34 gts in Sy.No 34lEE, total to an extent of Ac.l .28 gts, situated at Rayapatnam Village, Dharmapuri lrrlandal, Karimnagar Di:;1^.ict presenfly Jagtial District without due process of law in the interest of justice p€ nding disposal of the above Writ Petition.

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Counsel for the Petitioner: SRI S. SURENDER REDDy

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Counsel for the Respondent Nos.'t to 4: SRI H. RAKESH Kt MAR, AGP FOR REVEN, E

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Counsel for the Respondent No.5: GP FOR IRRIGATION

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE E.V.VENUGOPAL

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WRIT PETITION No.4855 OF 2O2Q

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ORDER:

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This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-

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".,. to issue a Writ, Order or Direction, more particularly a Writ of Mandamus declaring the action of the respondents in interfering into the peaceful possession and enjoyment of the petitioner over the agriculture land to an extent of Ac.1.34 gts., in Sy.No.34/E arrd Ac. 1.34 gts in Sy.No.34/EE, total to an extent of Ac.3.28 gts, situated at Rayapatnam Village, Dharmapuri Mandal, Karimnagar District presently Jagtial District without issuing any notice and without following due process of [au,as illegal, arbitrary, abuse of process of law, against rules and violation of principles of natural justice and consequently direct the respondents not to interfere into the peaceful possessron and enlo],ment of the petitioner over the agriculture Iand to an extcnt of Ac. l 34 gts., in Sy.No.34/E and Ac.1.34 gts in Sy.No. 34/EE, total to an extent of Ac.3.28 gts, situated at Rayapatnam Village, Dharmapuri Mandal, Karimnagar District presently Jagtial District without duc process of la'"v in the intcrcst of justice and pass such other order or orders .-."

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Heard Mr.S.Surender Reddy, learned counsel for the petitioner, Mr.H.Rakesh Kumar, learned Assistalt Government Pleader representing learned Government Pleader for Revenue appearing for respondent Nos.1 to 4.

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The brief facts of the case are that the petitioner is the absolute owner and possessor of agricultural land admeasuring Ac.1.34 gts., 1n Sy.No.34ltr and Ac.1.34 gts 1n Sy.No.34ltrtr, totalling to ar-r extent of Ac.3.28 gts, situated at Rayapatnam Viliage, Dharmapuri Mandal, Karimnagar District presently Jagtial District; that the revenue authorities have also issued the

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recent Digitalized Pattedar Pass Book and title leed in favour of the petitioner with respect to the said 1and. Wh i e so, respondent Nos.4 and 5 interfered q'ith the peaceful possession ancl enjoytrent of the petitioner over the subject la:r l, rvithout notice and tried to dispossess her from the propertl-. .r:grieved thereby, the petitionel filed the present Writ Petition.

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Learned counsel for the petitioner sr- bmits that the petitioner is put to snffer severe mental agon. : r'rd hardship due to the high handed action of respondent Nos_4 r^-rd .5 in tryir-rg to dispossess her from the subject property withr ut following due process of law. Therefore, he seeks to pass apprc priate orders.

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Learned Assistant Government Plead< r for Revenue representing learned Government Pieader for Ir- gatron appearing for respondent No.5 contends that if at all thc sr rbject land of the petitioner is required for ar-ry purpose, thcr ',r,ii1 follow due process of law.

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Having regard to the submissions of L cth the learne;d counsel ald on perusal of the materia,l avaiial I : on record, this Court is inciined to dispose of the Writ Petitio;r by ctirecting the official respondents not to resort to any illegal ac,ivity with regard

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to the subject property of the petitioner without following the

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procedure as contemplated under law.

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