Gangadolla Laxmi v. The State of Telangana and 9 others
Court: High Court for State of Telangana
Bench: SHAMEEM AKTHER
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-14. Gangadolla Laxmi v. The State of Telangana and 9 others. Read the judgment and case details on...
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) IVONDAY ,THE FOURTEENTH DAY OF DECEIUBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 16594 OF 2020 Between: Gangadolla Laxmi, S/o. Gangadolla Gangaram @ Gangadolla Pedda Gangaram, aged about 46 years, occ. Agriculture, r/o. H. No. 2-53l7, Ghanpur Village, Chandur [Vlandal, Nizamabad District. ... 'ET. T,ONER AND '1 . The State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat, flyderabad, Telangana. 2. The District Collector, Nizamabad District, Telangana State. 3. Assistant Director, Survey and Land Records, Nizamabad. 4. Deputy lnspector, Survey and Land Records, Nizamabad. 5. Deputy Surveyor, Chandur [r,,4andal, Nizamabad District. 6. IVandal Revenue Officer, Chandur l\rlandal, Nizamabad 7. The Panchayat Secretary, Ghanpur Gram Panchayat, Chandur [\,4andal, Nizamabad D istrict. 8. Dasari Gangaram,, S/o. Rajaiah, Occ Sarpanch,.
Ghanpur Village, Chand urlt/andal, Nizarnabad District - 503206. 9. Gangadolla Chinna Gangaram, s/o. Sailu, Aged about 52 years, occ. Farmer, r/o. H. No. 2-98, Ghanpur Village, Chandur Mandal, Nizamabad Distrlct-503206 10. Gangadolla Gangaram, S/o Cheviti Gangaram Aged about 37 years, occ. Farmer, r/o H. No. 2-98l1 , Ghanpur Village, Chandur lVlandal, Nizamabad District-503206. ... RESPONDENTS Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent Nos. 5 to 7, in interfering with the petitioners lawful possession and enjoyment of land measuring Acres 2. 06 guntas in Sy. No.
12413, situated at Ghanpur Village sivar, Chandur [r,4andal, Nizamabad District, as being illegal, arbitrary, without jurisdiction and unconstitutional and consequently direct the respondent Nos. s to 7 herein not to dispossess or in any manner interfere with the possession and enjoyment of the petitioner in respect of the above said land. lA NO: 1 OF 2020 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent Nos. 5 to 7 not to interfere with the possession and enjoyment of the petitioner in respect of land measuring Acres 2. 06 guntas in Sy. No. 12413, situated at Ghanpur village sivar, Chandur lt4andal, Nizamabad District, pending disposal of the main Writ Petition, in the interest of justice. Counsel for the Petitioner : SRI SRINIVASA RAO BODDULURI Counsel forthe Respondent Nos. 1 to 6: AGP FOR REVENUE Counsel forthe Respondent No. 7: SRI G.
NARENDER REDDY, SC FOR GRAMPANCHAYAT Counsel forthe Respondent Nos. 8 to 10: SRI G. DINESH PATIL The Gourt made the following: ORDER THE HON'BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION No. 16594 OF 2O2O ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, wherein the following prayer is made: "... to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent Nos. 5 to 7, in interfering with the petitioners' lawful possession and enjoyment of land measuring Acres 2. 06 guntas in Sy. No. 724/3, situated at Ghanpur Village sivar, Chandur Mandal, Nizamabad District, as being illegal, arbitrary, without jurisdiction and u n constitutio na I and consequently direct the respondent Nos.
5 to 7 herein not to dispossess or in any manner interfere with the possession and enjoyment of the petitioner in respect of the above said land and to grant such other relief or reliefs ... " 2. Heard the learned counsel for petitioner, learned Assistant Government Pleader for Revenue appearing for respondent Nos. 1 to 6 learned counsel for respondent Nos. B to 10 and perused the record. 3. Learned counsel for the petitioner would submit that respondent Nos. 5 to 7, having no manner of right, are interfering with the peaceful possession and enjoyment of the petitioner over the land admeasuring Ac. 2-06 guntas in Survey No. 12413 situated at Ghanpur Village Sivar, Chandur Mandal, Nizamabad District, and making attempts to dispossess the petitioner therefrom. The petitioner has filed an application, 2 W. P. No. l6594 dated 04. 09. 2020, seeking to conduct survey of the subject and ultimately, prayed to grant the reltef sought for Petition, as indicated above. 4.
Learned Assistant Government pleader for Revenue submit that there is no illegal interference by official Nos. 5 and 6, as alleged by the petitioner. There is no action against the revenue authorities to grant any favour of the petitioner. 5. Learned counsel for unofFicial respondent Nos. B would submit that there is a Suit pending in O. S. No. 110 on the file of Principal Junior Civil Judge, Bodhan, filed petitioner against respondent Nos. 9 and 1O and another, perpetual injunction in respect of the subject land application seeking to conduct survey of the subject required to be filed by the petitioner in the said Suit. 6. A perusal of the material placed on record reveals a report given by the petitioner, F. I. R. No. 11B of 2O2O Police Station is registered against respondent Nos. B others for the offences punishable under Sections I47,324,290 and 506 read with 149 I. P. C. There is also admission pendency of O. S. No.
110 of 2019 on the file of principal Civil Judge, Bodhan, to restrain unofficial respondent Nos. 9 10 and one G. Cheviti Gangaram from causing any interference with the peaceful possession and enjoyment of the over the subject land. There is no allegation Dr SA. J 3 W P No 16594 ot'2020 interference by unofficial respondent Nos. B to 10 in the present Writ Petition. There is no reason for official respondent Nos. 5 to 7 to cause any illegal interference with the peaceful possession and enjoyment of the petitioner over the subject land. The allegations made against respondent Nos. 5 to 7 are unsustainable. Even if there are allegations of interference or attempts of dispossession on the part of the official respondent Nos. s to 7, when there is specific denial by them in the Writ Petition, it constitutes factual aspects that are required to be determined in a civil Suit and not in this Writ Petition filed under Article 226 of the Constitution of India.
In the given circumstances, the prayer sought for by the petitioner in this Writ Petition, as indicated above, cannot be granted. The Writ Petition is devoid of merit and is liable to be dismissed. 7. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ petition shall stand closed. SD/-K. VENKAIAH I ASSrsrANr prlaaa //TRUE COPY// SECTION OFFICER To, 'l . One CC to Sri Srinivasa Rao Bodduluri, Advocate IOPUCI 2. One CC to Sri G. Narender Reddy, SC for Grampanchayat, Advocate toPUcl 3. bne C0 to Sri G. Dinesh Patil, Advocate [OPUC] Telangana 4. Two CCs to GP for Revenue, High Court for the State of at Hyderabad.. [OUT] 5. Two CD Copies SM ry- HIGH COURT DATED:. 1411212020 1 He rA ( o z ORDER o 0 7 JAr{ 202,l o WP. No. 16594 ol 2020 * * DISMISSING THE WP WITHOUT COSTS r\rl cuipiaA l ). r\,F*
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