Gummala Subhash, v. The Tahsildar, Sircilla Mandal,
Court: High Court for State of Telangana
Bench: J SREENIVAS RAO
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-01-02. Gummala Subhash, v. The Tahsildar, Sircilla Mandal,. Read the judgment and case details on...
Judgment text
[ 3303 I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO WRIT PETITION NO:21524 OF 2009 Between: Gunnala Subhash, S/o. Narahari, aged about 60 years, Powerloom Worker, R/o. Mushtipally, Sircilla [\/andal, Karimnagar Distriat. ... PETITIONER AND 1. The Tahsildar, Sircilla [Vlandal, Karimnagar Dislrict. 2. The Revenue Divisional officer, Sircilla, Karimnagar District. ... 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 Writ, order or direction more in the nature of Mandamus declaring the action of the Tahsildar, Sircilla, Karimnagar District in seeking to dispossess the petitioner from the land to the extent of Ac. 1. 00 situated in sy. No.
51 of Mustipally, Sircilla Arlandal, Karimnagar District belonging to the petitioner even without issuing any notice or without following the mandatory provisions is as illegal, arbitrary, unjust. !. A. NO: 1 OF 2009(WPMP . NO: 27967 OF 2009) 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 direct the respondents nqt to dispossess the petitioner form the land admeasuring Ac. 1. 00 situated in sy. No. 51 of Mustipally, Sircilla Mandal, Karimnagar District. Counsel for the Petitioner: SRI D. BALA KISHAN RAO Counsel forthe Respondents: AGP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE J. SREENruAS RAO WRIT PETITION No.
2L 524 of 2OO9 ORDER: This writ petition is filed seeking the following relief: " to issue a Wit order or direction more in the nature of Mandamus declaing th-e action of the Tahsildar, Sircilla, Kartmnagar Distict, in seeking to drsposses s ttrc petitioner from the land. to the extent of Ac. 1. OO situated in Sy. _llo. 51 of Mustipally, Sircilla Mand. al, Karimnagar Distici, belonging to the petitioner euen without issutng ang notice or without folLou,ting the mandatory prouisions is as illegal, arbitrary, unjust. ',. 2. Heard Sri D. Ba_la Kishan Rao, learned counsel for the petitionerand learned Assistant Government pleader for Revenue appearing on behalf of respondent Nos. 1 and,2. 3. Learned counsel for the petitioner submits that petitioner is the owner and possessor of the la,d to an extent of Ac. 1-00 cents in Sy. No. S1, Mushtipally Village, Sircilla Mandal, Rajanna Sircilla District (erstwhile Karimnagar District), as the s. une was assigned to him.
The then Tahsildar granted permit patta vide proceedings R. Dis. No. B/10008/96 and since then the petitioner has been in possession and enjoyment of the subject property and doing cultivation by raising Cotton, Matze etc. , rwlfl \ t'7' - respondent No 1 without issuing 4. While things stood thus, ' from the subject property' notice trying to dispossess the petitioner this Court and filed petitioner had approached At that stage, the the present writ Petition. 5. Perusal of the record reveals that this Court while admitting interim order in the writ petition on 08' 10'2009 granted not to of 2009, directing the respondents W. P. M. P. No. 27967 from the land admeasuring Ac'1'00 cents dispossess the petitioner I{arimnagar in Sy. No. Sl Mushtipally Village, Sircilla Mandal' of is process of law and the same District, without following due respondents have not filed counter continuing till date. The affidavit. submits that the Government Pleader 6.
karned Assistant due procedure as contemplated under respondents will follow the law, before taking arly stePs' 7 . In view of the above submissions' without going into the merits of the case, the writ petition is disposed of directing the respondents not to dispossess the petitioner from the subject property i. e. , lald to an extent Ac. 1-00 cents, covered by Sy. No. S1, Mushtipally Village, Sircilla Mandal, Rajanna Sircilla District (erstwhile Karimnagar District), without following the due process of law. B With the above direction, the writ petition is disposed of, accordingly. No costs. Pending miscellaneous applications, if any, shall stand closed SD/- N. CHANDRA SEKHAR RAO Ass'srAN$PrsiiiAi //rRUE copyr X SECTION OFFICER To 1. sircilla Mandal, Rajanna siriitta District (erstwhire I1'. :rI;;t"0"' Karimnagar 2. Tahsildar, Sircilla Mandal, Karimnagar The District. 3. The Revenue Divisional offi 4. 5. f,? ffiffi l"lf ",y,. fl r re a nsa na a, ffi1q*"'tr,#T. #iiof 6.
Two CD Copies PSK. GJP HIGH COURT DATED:0210112024 ORDER aj WP. No. 21524 ot 2009 v .? t, . $ * ,<' c ! :! v L)- \ n J * Hc H DISPOSING OF THE WRIT PETITION WITHOUT COSTS. t-. iot G I 5w
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