Smt Lakavath Manjula v. State of Telangana
Court: High Court for State of Telangana
Bench: SHAMEEM AKTHER
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-15. Smt Lakavath Manjula v. State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction) TUESDAY ,THE FIFTEENTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION NO:21427 OF 2020 Between: Smt Lakavath lt/lanjula, W/o. Lakavath l\,4ohan Aged 37 Years, Occ Labour, R/o. # 2-58lBiH, Kamanpur Village, Kothapally l\,4andal, Karimnagar District .. PETITIONER AND 1 State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad 2 The District Collector, Karimnagar District 3 The Revenue Divisional Officer, Karimnagar, Karimnagar District 4 The Tahsildar, Kothapally N,4andal, Karimnagar District ... RESPONDENTS Petition under Adicle 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 particularly a Writ in the nature of lt4andamus, declaring the action of the Respondents No.
3 and 4 in interfering with peaceful possession and enjoyment of the Petitioner in respect of the House bearing No. 2- 58/B/H, Kamanpur Village, Kothapally Mandal, Karimnagar District, as illegal, arbitrary, high handed, discriminatory, without authority of law and void, being in derogation of Articles 14, 19,21 and 300-4 of the Constitution of lndia and consequently direct the Respondents No. 3 and 4, not to interfere with peaceful possession and enjoyment of the Petitioner or dispossess the Petitioner from House bearing No. 2-58lB/H, Kamanpur Village, Kothapally Mandal, Karimnagar District, except in accordance with law. lA NO: 1 OF 2020 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 direct the Respondents No. 3 and 4, not to interfere with peaceful possession and enjoyment of the Petitioner in respect of the House bearing No.
2- 58/B/H, Kamanpur Village, Kothapally l\,4andal, Karimnagar District. Counsel for the Petitioner:SRl. M SATISH KUMAR Counsel for the Respondents: AGP FOR REVENUE The Court made the following: THE HON'BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION No. 21427 ot 2O2O ORDER: This Writ Petltion, under Article 226 of the Constitution of India is filed by the petitioner, wherein, the following prayer is made: ",. ,to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos. 3 and 4 in interfering with peaceful possession and enjoyment of the petitioner in respect of the House bearing No. 2-58/B/H, Kamanpur village, Kothapally Mandal, Karimnagar District, as illegal, arbitrary, high handed, discriminatory, without authority of law and void, being in derogation of Articles L4, L9, 21 and 300-4 of the constitution of India and consequently direct the respondent Nos.
3 and 4, not to interfere with peaceful possession and enjoyment of the petitioner or dispossess the petitioner from House bearing No. 2-58lB/H, Kamanpur Village, Kothapally Mandal, Karimnagar District, except in accordance with law and pass ord e rs.. ,, " 2, Heard the learned counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing for the respondents and perused the record. 3. The learned counsel for the petitioner would submit that the petitioner has purchased the land admeasuring Ac. 0. 02 guntas in Sy. No. 120/1 at Kamanpur Village, Kothapally Mandal, Karimnagar District, under a simple sale deed dated 14. 09,2012 from Kunta Pochamallu. After obtaining permission from the Gram Panchayat concerned, the petitioner constructed a house bearing No. 2-58lB/H. The petitioner ls also paying house tax and electricity bills to the authorities concerned.
It is contended that the respondents, without having any manner of right, title or interest, whatsoever are interfering with the possession and enjoyment of the petitioner over the subject property without following due process of law and ultimately prayed to grant the relief as indicated above. 4. A perusal of the photocopy oF simple sale deed dated L4. 09. 2012 would show that the petitioner has purchased the land admeasuring Ac. 0. 02gts in Sy. No. 120/1 situated at Kamanpur Village, Kothapally Mandal, Karimangar District, from Kunta Pochamallu. Furthermore, the photocopies of property tax receipt dated 30. 07. 2018 and electricity bill dated 16,06. 2020, would reveal that the petitioner has constructed a house bearing No,2-58lB/H and he is in possession of the same. It is pertinent to state that since the petitioner is in possession of the subject house, there cannot be any illegal interference or dispossession by the respondents without following due process of law.
The respondents are entitled to resume the land, where the subjecdt house was constructed, in accordance with law. The petitioner shall not be dispossessed from the subject house until lawful resumption of the same. 5, With the above observation, this Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed, SD/. I. NAGALAKSHMI ASSISTANT REGISTRAR ,TRUE COPY' SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Telangana, secretariat Buildings, Hyderabad 2. The Diatrict Cotlector, Karimnagar District S. fhe neuenre Divisional Officerl Kanmnagar, Karrmnagar District +. tne tansltOar, Kothapally lVlandal, Karimnagar. District 5. One CC to Sri. Ir/. SaiisrrKumar Advocate [OPUC-] 6. iil CCs tJ GP for Revenue, High Court firr the State of Telangana [oUT] 7. Two CD Copies. PIV HIGH COURT DATED:1s11212020 1HE SI4 14: o o; k \. <s ^ )" o 3 0 OEc z ORDER 2g2g o . \ . > WP. No.
21427 of 2020 { , C5- uF SP,r,TCts Disposing of the WP Without costs. . *sl r- q-crt':'' \#'z jo\"\ -1k
Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.