Petitioner sought mandamus directing revenue authorities to remove encroachers from assigned house patta land. The Court held disputes over possession and encroachment between private parties fall outside the Assigned Lands Act and Board Standing Orders; the petitioner must approach the competent civil Court for eviction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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[32s61
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 9862 OF 2024
Between:
Terdelly Mallamma, Wo.late Chandrappa, Aged about 79 years, R/o. House No,4-4, Near Pochamma Temple, Narsapur (V & M), Medak District - 502313.
,..PETITIONER
AND
...RESPONDENTS
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 issue a Wrrt, Order or direction more particularly one in the nature of
l_i
Writ of Mandamus declaring the action of the official respondents in not taking action on the encroachments made by the unofficial respondents on the assigned house patta land admeasuring an extent of Ac.0-02guntas in survey No.67 vide Patta rn File No P,51285181 , dated 27.4.1981 which was again renumbered as 67lAl1 at Narsapur (V and M), Medak District and its corresponding H.Nos-4-3,4311 , 4411 and 4-412 as illegal, arbitrary and unjustifiable and discrirpinatory and in violation of the provisions of Telangana Assigned Lands (Prohibition 9f Transfers) Act, 1977 and also in violatron of the pnnciples of naturaljustice and in violation of Article 14,21 and 3004 of the Constitution of lndia and consequently, to direct the official respondents to cancel the mutation in favour of the unofficial respondents and restore possession of the same in favour of the petifione1.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fited in support of the petitron, the High Court may b9 plqased to direct the 5th respondent to consider the representations of the petitionef, dated 01t08t2023.
lA NO:2 OF 2024
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 tq direct tfue 4th respondent to consider the representations of the petilioner, daled 05 I 07I 2023 and 2 5I 07 I 2023
lA NO: 3 OF 2024
Pptition under Section 151 CPC praying that in the crrcumstances stated i4 the affidavit filed in support of the petitron, the High Court may be pleased to direct the 2nd respondent to consider the representations of the petitioner, daled 24107 12023, 7 1812023 and 221 1212023.
Counsel for the Petitioner: SRI G.U.R.C. PRASAD
Counsel for (he Respondent No.'l to 5: ASST. GP FOR REVENUE
Counsel for the Respondent No.6 to 10: SRI N. MANOHAR
The Court made the following: ORDER
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HON'BLE SRI JUSTICE C.V.BHASI(AR REDDY
UIRIT PETITI ON No.9862 of2O24
ORDER:
This Writ Petition, under Article 226 of theConstitution of
India, is hled seeking the following relief:
"....to issue a Writ, Order or direction more particularlg one in the nature of Writ of Mandamus declaritg the actionof the offcial respondents in not taking actton on the encroachmentsmadebg the unolficial respondents on the assigned housepattaland. admeasuing an extent of Ac.O.02gunta-s in SurueyNo.67 uide Patta in File No.BS/ 285/ 81 dated 27.4.1981tuhich uas again renumbered as 67/A/ I at Narsapur(V andM) MedakDistict aid its conesponding H.Nos.43, 43/ 1, 44/ 1 and44/ 2 asillegal, arbitrary, unjustifiable and discriminatoryand in violationof the prouisions of Telangana Assigned Lands Prohibition of Transfers Act, 1977 and also in uiolotion of thepinciples of naturaljustice ond in uiolatlon of Articles 14, 21 and3O0A ofthe Con-stitution of India and consequentlg to direct the oJficialrespondentsto cancel the mutation in fauour of the unofficialrespondentsand restore possession of the same in fauour of the petitioner...."
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:1
buiiding perrnission, dated O6.09.lgg2. lt is the case of the petitioner that after the death of her husband, the revenue authorities have mutated her name in the revenue records and she is in enjoyment of the said property. The grievance of the peLitioner is that disputing the extent sanctioned by the Government as assignment patta, respondent Nos.6 to 10 are interfering with her peaceful possession and causing inconvenience for her enjoyment over the said property, which constrained her to submit number of representations before the respondent authorities requesting to take action against the alleged encroachers into the assigned.lands sanctioned in lavour of her husband and subsequently, which is in her possession, but no action has been taken by the respondent authorities on the encroachments made by respondent Nos.6 to 10. Hence, this writ petition.
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approach thc competent civil Court and take steps for eviction of the encroachcrs from the suLrject land.
9 With the above observations, this Writ petition is disposed of. No order as to costs
As a sequel, the miscellaneous petitions pending, if any, Shall
stand closed
SD/-A. SRINIVASA REDDY AS ISTANT REGISTRAR
//TRUE COPY//
To,
iEc TION OFFICER
1 If-l111:lpql,S_".1_t1ryge^v^eluaDepartment,stateof retansana, recreraflat, Hyderabad 500066, Telangana The District collector lnteorated colledtorate comple, Medak District, Medak 502110
,, The Tahsiladar, The Mandal Revenue Office, Narsapur-5023 1 3, Medak Qistrict.
----T-
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HIGH COURT
DATED:1810212025
ORDER
WP.No.9862 of 2024
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DISPOSING OF THE WRIT PETITTON WITHOUT COSTS
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2 issues framed by the court
Whether the writ court should direct revenue authorities to act on encroachments of assigned house patta land by private respondents.
Whether interference by private parties with assigned patta land falls under the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 or requires civil suit.
4 provisions across 4 enactments
Terdelly Mallamma
State of Telangana, Rep. by its Principal Secretary Revenue Department
The District Collector, Medak District
The Tahsildar, Mandal Revenue Office, Narsapur
The Commissioner, Municipal Corporation Office, Narsapur
The Sub Registrar, Sub Registrar Office-1706, Narsapur
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
