Smt. Sunki Sharada Vs The State of Telangana

The Narsingi Municipality, Rep.^by its^{Commissioner, Narsingi,R.R. District.} 5. The Superintendent, Telangana State^{TSSPDCL (Operation)Cyber City} ' Circle, Mehdipatnam, Hyderabad.

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The Executive Engineer, Telangana^{StateTSSPDCL (Operation)Cyber'City} Circle, Office at Mehdipatnam,^Hyderabad.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of^{lndia pralng that in the} circumstances stated in the affidavit^filed therewith,^{the HighCourt may be pteased} to issue an order or direction more^{particularlyone in the nature of Writ of} Mandamus declaring the action of^the respondents^{in disturbing the possessionand} enjoyment of the^petitioners over^{plot No. 38 in Sy. No. 133, admeasuring555 Sq.} Yards Namana Beauty Bowers of^Narsingi Mllage,^{Gandipet Mandal, Ranga Reddy} District, without following due^process of^{law,as illegal, unlaMul, mntraryto law and}

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consequently direct the respondents not to interfere with the possession and enioyment of the above plot of the petitioners without following due process of law.

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A. NO:

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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 to issue interim onler directing the respondents not to disturb the possession and enjoyment of the petitioners over plot No. 38, in Sy. No. 133, admeasuring 55S Sq.^yards at Namana Beauty Bowers of Narsingi Village, Gandipet Mandal, Ranga Reddy District, without following due process of law, pending disposal of main Writ Petition.

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Counsel fr)r the Petitioner: SRI M.DAMODAR REDDY

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Counsel for the Respondent No.{ to 3: SMT S.SRAVANTHI P FOR REVENUE

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Counsel for the Respondent No.4: SRI PUTTA KRISHNA REDDY, SC FOR MCPL

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Counsel fc,r the Respondent No.S & 6: SRI N.SREEDHAR REDDY, SC FOR TSSPDCL

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The Court made the following: ORDER

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THE HON'BLE SRI JUSTICE K.SARATH

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THE OTTH DAY OF JANUARY 20/26

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Between:

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Smt. Sunki Sharada and Another.

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Petitioners

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AND

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The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad & (5) others.

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.Respondents

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ORDER:

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Heard Sri M.Damodar Reddy, learned counsel for the petitioners, smt. s.sravanthi, learned Assistant Government Pleader for Revenue appearing for the respondent Nos.l to 3 and Sri N. sreedhar Reddy, learned standing counsel for the Telangana state southern Power Distribution company Limited (TSSPDCL) appearing for the respondent Nos.S and 6. perused the material available on record.

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Learned counsel for the petitioners submits that this writ Petition is filed seeking to declare the action of the respondents in

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disturbing the possession and enjoyment of the^petitioners over Plot No.ii8 in Sy.No.133, admeasuring 555 Sq.yards, Namana Beauty Bcwers of Narsingi Viltage, Gandipet Mandal, Ranga Reddy District (for brevity, "subject property"), without following due process of law, as illegal and arbitrary.

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Learned Standing Counsel appearing for the respondent Nos.5 and 6, basing on the counter filed by respondent No.S, submits r-hat the revenue authorities have identified Government land in Sy.No.l34l4 admeasuring Ac.12-06 guntas and proposed to allot land to the respondent Nos.5 and 6-Corporation admeasu::ing Ac.1-02 guntas in Sy.No.l34/4, Narsingi Village, for erection of 33/ 1 1 KV substation. After following due procedure, the District Collector, uide proceedings dated O2.O5.2O18 directed the Tahsildar concerned to handover advance possession to the Superinte nding Engineer, TSSPDCL, and the same was handed over to the respondent Nos.S and 6 uide Tahsildar File No.D/ L2till2OlT dated 29.05.2018 along with sketch plan prepared through panchanama by demarcating Sy.No.l34l4 and, the TSSPDCL has completed the construction of the 33/ 11 KV substatiorr on the land admeasuring to an extent of Ac.l-2O guntas wjth a compound wall. The petitioners have no right over the sy.No.134 as the same is owned by the Government and has

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been allotted to various religious institutions and Government offices and the respondent authorities are not interfering with the petitioners' possession over the subject property situated in Sy.No.133.

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After hearing both sides and on a perusal of the entire material available on record, this court is of the considered view that the petitioners are claiming the subject property situated in Plot No.38 in sy.No.133, admeasuring s55 Sq.yards, Namana Beauty Bowers of Narsingi Village, Gandipet Mandal, Ranga Reddy District. The respondents have already completed the construction of 33/11 KV substation in sy.No.l34/4 of Narsingi Village along with a compound wall on the land to an extent of Ac.1-20 guntas and the respondent authorities have categorically stated that they are not interfering with the possession of the petitioners over the subject property. In view of the same, if the petitioners have any grievance with regard to the boundary dispute with the respondents, they are at liberty to make an application for conducting survey of their plot and without doing the same, they cannot make an allegation against the respondent amthorities. In view of the same, there is no cause of action for filing of the present Writ Petition.

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Acc,trdingly, this Writ Petition^is dismissed.^{This order does} not prechrde the petitioners to make^{an application for conducting} survey of their Plot No.38 in^{Narsingi Village, by approaching the} appropria.te authorities.

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Mis,:ellaneous applications^pending, if^{any, in this Writ}

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Petition shall stand closed.^{There shall be no orderas to costs}

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//TRUE COPY//

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Sd/.S.MALLIKARJUNA RAO ASSISTANT REGISTRAR6

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SECTION OFFICER

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To,