Mulpuri Sakkubai Vs The State of Telangana and 4… — Writ and Judicial Review | Telangana HC (2025)

Mulpuri Sakkubai Vs The State of Telangana and 4… — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of in terms of the Court's order dated 07.07.2020 (survey of Sy.No.43/E after notice to the petitioner; any allotment of her land to the Gram Panchayat for a burial ground only in accordance with law after payment of compensation; construction only after conclusion of the survey), with no order as to costs and without any observation on the merits or demerits; miscellaneous petitions, if any pending, stand closed.

Issue for consideration

Whether the action of respondents 2 to 5 in forcefully dispossessing the petitioner from her assigned-patta agricultural land in Sy.No.43/E (Ac.1.20 gts), Jannaram Village and Mandal, Mancherial (formerly Adilabad) District, allegedly allotted for formation of a burial ground and dockyard with dumping of construction material, is arbitrary, illegal, without jurisdiction and in violation of Articles 300-A and 21 of the Constitution of India. (Note: the Court ultimately disposed of the petition in terms of its interim order dated 07.07.2020 without making any observations on the merits or demerits, so this issue was not adjudicated.)

Court's answer

Having regard to the submissions of both learned counsel (the petitioner's counsel having sought disposal in terms of the order dated 07.07.2020, which the Assistant Government Pleader for Revenue and counsel for respondent No.5 conceded), and on perusal of the material on record, this Court disposed of the writ petition in terms of its own order dated 07.07.2020, expressly without making any observations on the merits or demerits of the case, and with no order as to costs.

Ratio / Principle

The terms of disposal are the operative portion of this Court's earlier order dated 07.07.2020, extracted in the judgment: the official respondents are directed to conduct a survey after putting the petitioner on notice and identify her land measuring Ac.1-20 guntis in Survey No.43/E, taking into account any work memo issued by the petitioner and the sketch pertaining to the allotment of the burial ground; if the official respondents wish to allot any extent of the petitioner's land to the Gram Panchayat for establishing a burial ground, they are free to do so in accordance with law after paying compensation to the petitioner; and any construction activity for establishing the burial ground shall be done only after conclusion of the survey by the official respondents.

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (E.V. Venugopal J., 11.09.2025), W.P. No. 9826 of 2020: Mulpuri Sakkubai, holder of an assigned patta granted in 1993 over Ac.1.20 gts in Sy.No.43/E, Jannaram Village and Mandal, Mancherial (formerly Adilabad) District, filed an Article 226 petition seeking a writ of mandamus against respondents 2 to 5 for allegedly forceful dispossession of her land, its alleged allotment by the Mandal Revenue Inspector to the Gram Panchayat for formation of a burial ground and dockyard, and dumping of construction material, claiming violation of Articles 300-A and 21 of the Constitution of India. An interim application (IA No.1 of 2020) under Section 151 CPC had sought restraint on dispossession pending disposal. When the matter was taken up, petitioner's counsel sought disposal in terms of the Court's interim order dated 07.07.2020, and the Assistant Government Pleader for Revenue and counsel for respondent No.5 conceded. The operative portion of that order - survey of the land after notice to the petitioner and identification of Ac.1-20 guntis in Survey No.43/E considering any work memo and the burial-ground allotment sketch; liberty to allot any extent of the petitioner's land to the Gram Panchayat for a burial ground only in accordance with law after paying compensation; and construction activity only after conclusion of the survey - was extracted. The Court disposed of the writ petition in terms of the order dated 07.07.2020 without making any observations on the merits or demerits, with no order as to costs, and closed pending miscellaneous petitions.

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IN THE HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL

WRIT PETITION NO: 9826 OF 2020

Between:

Mulpuri Sakkubai, W/o.Late Gopal Rao, Aged about 87^years,Occ. Household, Fl/ o. H .No.1-333 ,^{Vinayak Nagar, Jannaram[,4andal,Ponakal,} Mancherial⁽ Formerly Adilabad )^District.

...PETITIONER

AND

1 The State of Telangana , Rep.by Principal Secretary,^{Revenue Department,} Secretariat Buildings, Hyderabad.^-

2 The Tahsildar/t/andal Revenue Officer, Jannaram Mandal,^{[Vlancherial(} Formerly Adilabad) District.

Ja Mandal^' Revenue lnspector, Jannaram Revenue^{l\rlandal, Mancherial} (Formerlv Adilabad) District.

4 i,ilandal^'Parishat Development Officer, Jannaram^{Mandal, Mancherial(} Formerly Adilabad) District.^.

5 The Grhmpanchayat Jinnaram, Rep.by its Secretary,^{JannaramMandal} Mancherial (Formerly Adilabad) District

...RES'ONDENTS

Petition under Article 226 of Lhe Constitution^{of lndia praying that in the} circumstances stated in the affidavit^{filedtherewith,} the^{High Court may be} pleased to issue an appropriate writ, order or direction more^particularly oneⁱⁿ the nature of Writ of Mandamus declaring^{the arbitrary and high handed actionof} the respondents 2 to 5 in forceful dispossession of^{petitioner from the agriculture} property in Sy.No.43/E to an extent of Ac.1.20gts situated at Jannaram Village and Mandal, Mancherial (formerly Adilabad) District covered^{by Assignedpatta} granted in 1993, now alleged to be allotted by 3rd respondent/ Mandal Revenue lnspector for formation to the Sth respondent^{for formationof burial ground and} dockyard, thereby dumping the construction^{material (sand, bricks, Stones,steel,} cement and iron)as wholly illegal, unjust, without^{jurisdiction andior authority of} law, unconstitutional, violation of Article 300-A^{and 21 of the Constitutionof}

lndia, Human Right and consequently direct the responrl ,nts refraining them proceeding further for the aforementioned purpose

lA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High Colr : may be pleased to direct the respondents 2 to 5 herein refrain from forcefui drs 1 ossession of land of the petitioner situated in Sy.No. 43lE to an extent of Ac. I 20 gts situated at Jannaram Village, and Mandal, [t/anchirayal (formepl,, Adilabad) District, proceeding with digging the land to raise the basements for I rrmation of dumping yard and burial ground. pending disposal of the writ petition

Counsel for the Petitioner: SRl. SRINIVASA RAO PUTLURI

Counsel for the Respondent Nos. 1to4: SRI RAKESH KUM⁶ R, AGP FOR RREVENUI

Counsel for the Respondent No.5: SRI G. NARENDER REI) )Y The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE E.V.VENUGOPAL

WRIT PETITION No.9826 OF 2O2O

ORDER:

This Writ Petition is filed under Article 226 of Constirution

of India seeking the following relief/s:-

"... to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the arbitrarv and high halded action of the respondents 2 to 5 in forceful dispossession of petitioner from the agriculture property in Sy.No.43/E to an extent of Ac- 1.20gts situated at Jannaram Village & Mandal, Mancherial (formerly Adilabad) District covered by Assigned patta granted in 1993, now alleged to be allotted by 3.d respondent/ Mandal Revenue lnspector for formation to the 5s respondent for formation of burial ground & dockyard, thereby dumping the construction material (sand, bricks, stones, steel, cement and iron) as wholly illegal, unjust, without jurisdiction and/or authoritv of law, unconstitutional, violation of Article 300-A & 21 of the Constitution of India, Human Right and consequently direct the respondents refraining them proceeding further for the aforementioned purpose and pass such other order or orders ..."

Heard Mr. Srinivas Rao Putluri, learned counsel for the

petitioner, Mr.Rakesh Kumar, learned Assistant Government Pleader representing learned Government Pleader for Rer.enue appearing for respondent Nos.1 to 4 and Mr.G.Narender Reddy, learned counsel for respondent No.5.

When the matter is taken up for consideration, learned counsel for the petitioner seeks to dispose of this Writ Petition in terms of the order dated 07.O7.2O2O

Learned Assistant Government Pleader for Revenue and learned counsel for respondent No.s concede to the said reque$t.

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For better understanding, the operative por.r ion of the order

dated 07.07.2O2O is extracted as hereunder:_

"Har,'ing considered the above made subm r sions of both the learned counsel for the parties, the ollicial r,: pondents are directed to conduct a survey, after putting the petit( ner on notice, and identi$. lhe lald admeasuring Ac. l-20 guntir belongrng to the petitioner in Survey No.a3/E. 'he ofhcral respondents / surveyor shall take into consideral. ln the work memo, if an1,, issued by the petrtioner and als ) the sketch pertainrng to allotment of the buria_l ground while c rnducting the surwey. However, if tl-re ofhcial respondents wal t to allot alry extent of the land belonging to the petitioner .o the Gram Par-rchayat for establishing a burial gror.rd, they arr free to do so in petitioner. .^accordalce Any construction activitv^{u.ith law, after paying} foi establisfri"o-p".r. rlion to Lg the burial*re ground shall bc done only after conclusion of surve z by the ofhcial respondents.

Post thrs case on lO-Oa-2O20". 6 Having regard to the submissions of br,1 h the learned counsel and on perusa_l of the material available )n record, this Court without making any observations on the mr:.its or demerits of the case, is inclined to dispose of the Writ petrt on in terms of the order dated 07.07.2020 passed by this Court, rlo costs.

Miscellaneous Petitions, pending if aly, shall stand closed. soA+ t .S. GOWRI SHANKAR il STANT REGISTRAR \f' //TRUE COPYII \ SECTIoN oFFICER

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Two CCs to GP FOR REVENUE High Court^{for the State of Telangana, at} Hyderabad [OUT]

O-ne CC to sRl. G. NARENDER REDDY,^Advocate [OPUC]

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HIGH COURT

DATED:1110912025

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ORDER

WP.No.9826 of 2020

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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