Paale Nagesh v. The State of Telangana
Court: High Court for State of Telangana
Bench: C.V. BHASKAR REDDY
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-12-24. Paale Nagesh v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
[ 32e61 TELANGANA HIGH COURT FOR THE STATE OF AT HYDERABAD (SPecial Original Jurisdiction) FOURTH DAY OF TUESDAY, THE TWENW DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT BHASKAR REDDY THE HONOURABLE SRI JUSTICE C. V. WRIT PETIT N NO: 77 0F 2024 Between: Narsaiahl. A$ed. about 38 \lea{s' Occ 1. Paale Nagesh, S/o. Late Paale lya*oor Maridal, Siddipet Aoricutture. Ryo. H. No. s-sEli,-riiir"i,imViitag;, - District, Teiangana State 502281. -pa"le Narsaiah, Aggd abgu! 58. veaq'. occ 2. F;6V;A;mffi, wa. r-Jt" - -Markook Mandal' Siddipet . ndri. ti,ir", nyolA. No. e-er2-, Kirtapatta Villale, District, Telangana State - 502281-v. Mallaiah, Ased about '64 veaS' 3. V;ffi;ii',;k"istrirn,-Slo. -LaG Qc9 - Viiiage, shamerpet Mandal' A"ri"ijitrre. Wo. H. No. -t-ml Gtstrmapur - M-edcnal Malkalgiri, Telangana 500078. ... ,ET. T'ONERS AND 1. The State of Telangana, Rep. by its Principal Secretary (Revenue)' Secretariat Building, HYderabad. Dist. , Telangana' 2.
ihe District Collector, Siddipet poiii6, District' Siooip'et comhisionarate, siddipet 5: iil;6;;h-. 6";i oi Telanoana. . i#ii";;;'r" Divisional officer, Gaiwel Division, Sidd'4ret Dist'' Telangana' 4 I elangana' 5. The Tahasildar, Markook Mandal, Siddipet Dis-t'' Ltd''(TSllc)' Rep' 6. iii; i;ift;;;'state inoustrlallrirrastrticture corporati6n Parishram Bhivan, Basheerbagh' uv-itr' rri"iiZsi;l Dir;cd, otir Floor Hvderabad. 7. ifi S. H. O. , Markook Mandal, Siddipet District, Telangana' oiG liialagins DirectoiGenome Vallev' I . iii; Bil"til itio-f"ct, nep. iii*ai,;Jttv. st'ameerpbt, tivddrabad, Telangaha - 500078' occ Pochailh, Asdd about '55 vears' ' I . c"niliHx? 'ilr"'r[aiivihi,'s16. VRriiv;iifi;C;*#;erbsdi;rtl'k;dp;irrvil-ase,Ma? kookMandar' Siddipet District, Telangana. ... RES'ONDENT' Petition under Anicle 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High cor'rrt may.
be of oiders more particularly one in the nature pleased to issue appropriate order or dppropriate writ, order (or) orclers' declaring the Writ of Mandamus or any other actofRespondentNo. 4toginmakinganatternpttodispossessthePetitioner gts and the land of the Petitioner admeastring Ac'3'00 No. 1 and 2 from their lard No. 3 admeasuring Ac. 3. 00 gts in Sy. No. 285 6. total land admeasuring Ac. 6. 00 gts situated at Karkapatla Village, Markook Mandat, Siddipet District on 13. 12-2024 under the guise of conducting survey, without issuing notice and following the due procedure of law is illegal, arbitrary and against the principles of natural justice. lA NO: 1 OF 2024 ' Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed irr support of the petition, the High court may be pleased to direct the Respondent No. 4 to 7 not to interfere into the peaceful possession of the Petitioners No. 1 and 2 admeasuring Ac. 3.
00 gts and the land petitioner of the No. 3 admeasuring Ac. 3. 00 gts in Sy. No. 28516, total land admeasuring Ac. 6. 00 gts situated at Karkapatla Village, Markook Mandal, Siddipet District. Counsel for the Petitioners: SRI M. VIJAYA KUMAR GOUD Counsel for the Respondent Nos. 't TO S: AGp FOR ASSIGNMENT Counsel for the Respondent No. 6: SRt L. PRABHAKAR REDDY, SC FOR TSIICL Counsel for the Respondent No. 7: AGP FOR HOME Counsel for the Respondent Nos. 8 & 9: - The Court made the following: ORDER HON'BLE SRI JT'STTCE C. V. BTIASKAR REI'DY WRIT PETITION No. 36O77 of2024 ORDER: It is stated that the petitioners are the owners and possessors of the land admeasuring Acs'6'00 guntas in Sy. No. 285/6 situated at Karkapatla Village, Markook Mandal' Siddipet District. It is further stated that assigrrments were granted to the predecessor-in-interest of the petitioners, for. the aforesaid land in terms of the poliry enunciated by the Government in G. O. Ms. No. 14O6, dated 27.
05'1958' It is further stated t]lat after granting the assignment, the respondent authorities have mutated the names of the assignees i'e', predecessor-in-interest of the petitioners and pattadar passbooks and title deeds have been issued' It is further stated that the petitioners are receiving various incentives as investment subsidy under various schemes introduced by the Government for cultivation of the land' The grievance of the petitioners is that without issuing any notice and without conducting any survey or enquiry are making efforts to dispossess the petitioners from their larrd: Considered the submissions of the tearn<ia counsel for the 2 petiti,oners, learned Assistant Government Pleader for CVBR, J wp_36077 2024 Assignment appearing for respondent Nos. l to 5; Sri L. Prabhakar Reddy, learned Stalding Counsel appearing for respondent No,6, learned Assistant Government pleader for Home appearing for respondent No.
7 and with their consent this writ petition is disposed of at the admission stage. In view of the relief sought in the writ petition, issuarrce of notice to the unoflicial respondents is dispensed with. 3. Learned counsel appearing for the petitioners has vehemenfly contended that the respondent authorities are not having €rny power or authority to dispossess the petitioners from the subject land in terms of G. O. Ms. No. 1406, dated 27. 05. 195g and without conducting any enquiry and without following due process of lavr are interfering with the possession of the petitioners. Lezrrned counsel for ttre petitioners further submits that if the petitioners are found to be in violation of the conditions of the assignment, the respondent authorities are entitled to resume the land after issuing notice and conducting enquiry in accordalce with law. 4.
In view of the above submissions afld since the Predecessor-in-interest of the petitioners have gralted assr8nment pattas in respect of the subject land and the CVB& J wp]6077]024 assigned lands are heritable and not alienable, this Court is of the opinion that the ends of justice would be met if the petitioners or their predecessors-in-interest have violated the conditions of the assiglrment in terms of G. O. Ms. No. 14O6, the respondent authoritieS are. directed to issue a notice and in the enqulry if it is found that the petitioners have violated the patta conditions, they will exercise their power to resume the land by following due process of law. Except following the above procedure, the respondent authorities are directed not to interfere into the subject land, in any manner. 6. Wittr the above observations, this Writ Petition is disposed of. There shall be no order as to costs. 7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. Sd/. A V. S.
PRASAD ASS T REG]STRAR //TRUE COPY// d CTK)N OFFICER To 1. The Princhal Secretary (Revenue), Secretariat Building, Hyderabad, State of I elangana. 2. The District Collector, Siddioet Dist.. Telanoana. 3. The Commissioner of policri, Siddipet Com-miskrnarate, Siddipet District, Telarigina. 4 Ile Seyenqe Divisional Officer, Gajwel Division, Siddipet Dist. , Telangana. 5 The Tahasildar, Markook Mandal, SOaipet Olst.. Telaniip. 6 Dkector, Telangana State Lnp MaLqging lndustiial lnfrisiructure Corporation -' Rep. 6th Ftoor p*ishram Bhavan, Basheerbagh, Hyd-e-iibad. !! d. ,(TSllC), 7 I he S. H. O. , Markook Mandal, Siddipet District. Telanoana. I One CC to SRt M. V|JAYA KUMAR GOUD, novocateiOiUCl 9 Twg CCs to GP FOR ASS|GNMENT, High Court for ttie Staiir of tetangana, at Hyderabad. IOUTI 10. C9t to G_ P-FORHOME, High Court for L*g the State of Telangana, at Hyderabad. [OUTI 11. One CC to SRI L. PRABHAKAR REDDY, SC FOR TSITCL tOpUCI 12. Two CD Copies PSK.
g I HIGH COURT CVBR,J DATED:24l1212024 ORDER g SJr\lE ()r-' 1 WP. No. 36077 ot 2024 P 7. a O l$fr I\\\ o t't o f I \-: . -:;2 DISPOSING OF THE WRIT PETITION WITHOUT GOSTS cg^^* W huu
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