Ajmeera Vijaya v. The State of Telangana and 3 Others
Court: High Court for State of Telangana
Bench: SHAMEEM AKTHER
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-21. Ajmeera Vijaya v. The State of Telangana and 3 Others. Read the judgment and case details on...
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) IVONDAY ,THE TWENTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 22222 OF 2020 Between: Ajmeera Vijaya, W/o. Bhadru, Age 35 years, Occ. Agriculture, R/o. Bojyanaiak Thanda, Narsampet lVlandal, Warangal Rural Dist. ... 'ET'T,ONER AND 1. The State of Telangana, Rep. by its Principal Secretary (Revenue Department), Secretariat, Hyderabad. 2. The District Collector, Warangal District. 3. The Revenue Divisional Officer, Narsampet, Warangal Rural District. 4. The Tahasildar, Narsampet lvlandal, Warangal Rural 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 or direction preferably Writ of Mandamus declaring the action of the respondent nos.
3 and 4 and their subordinates in trying to dispossess the petitioner from land in Sy. No. 4921113, admeasuring Ac 1. 20 guntas situated at Bhanjipet village, Narsampet It4andal, Warangal District without issuing any notice, without initiating any proceedings by following due process of law is ex facie, illegal, arbitrary and violative of principles of natural justice and violative of Art. 300-A of Constitution of lndia and consequently direct the respondent Nos. 3 and 4 and their subordinates not to dispossess lhe petitioner from land in Sy. No. 4921113, admeasurtng Ac 1. 20 guntas situated at Bhanjipet village, Narsampet lvlandal, Warangal District, Warangal District, in any manner. 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 respondent Nos. 3 and 4 and their subordinates not to dispossess the petitioner from land in Sy. No.
49211/3, admeasuring Ac 1 ,20 guntas situated at Bhanlipet village, Narsampet lVlandal, Warangal District, in any manner. Counsel for the Petitioner : SRI P. DEVENDER Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER THE HON'BLE DT. ]USTICE SHAMEEM AKTHER WRIT PETITION No. 22222 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 a writ or direction preferably Writ of Mandamus declaring the action of the respondent Nos. 3 and 4 and their subordinates in trying to dispossess the petitioner from land in Sy,No. 492l1/3 admeasuring Ac. l. 20 guntas situated at Bhanjipet village, Narsampet Mandal, Warangal District, without issuing any notice without initiating any proceedings by following due process of law is ex facie illegal, arbitrary and violative of principles of natural justice and violative of Art.
3OO-A of Constitution of India and consequently direct the respondent Nos. 3 and 4 and their subordinates not to dispossess the petitioner from fand in Sy. No. 492 /l/3 admeasuring Ac,1. 20 guntas situated at Bhanjipet village, Narsampet Mandal, Warangal District, in any manner and pass such other order or orders.... " 2, Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Revenue appearing for respondents and perused the record. 3. The learned counsel for the petitioner would submit that petitioner is the owner and possessor of land admeasuring Ac. 1. 20gts in Sy. No. 492/7/3 situated at Bhanjipet village, Narsampet Mandal, Warangal District. The said land was assigned to the petitioner and her name was also incorporated in the revenue records. Further, the petitioner is also getting money under Rythu Bandhu Scheme in respect of the subject land. It is contended that the respondent Nos.
3 and 4 without there being any right, title or interest, are trying to dispossess prayed to the petitioner from the subject land and ultimately grant the relief as indicated above' learned Assistant Government Pleader 4, On the other hand, that there is instructions, would submit for Revenue, on written in Sy'No. 492 SitUated at Bhajipet V|llage, a Government land gts, out of which' an extent comprising total extent of Ac 12-04 of Ac,4-009ts was assigned to farmers' The petitioner was land admeasuring Ac 1-20gts in assigned Government Narsampet at Bhanjipet Village, Mandal' Sy. No.
492/t13 situated Furthermore,anextentofAc's-Oogtswasallottedfor and Housing Corporation Godown construction of Ware possession was a lso delivered to the Managing Director, under Corporation, HYderabad Telangana State Ware Housing It is further submitted that cover of panchanama on 22'05'2020' the respondents over the land there is no interference by any of has alleged' The petitioner filed belonging to the petitioner, as prayed to and ultimately petition only on apprehension this writ dlsmiss the writ Petition. the above submissions made by the learned 5. In view of Pleader for Revenue, it is difficult to hoId ASSiStant Government thattherespondentsareinterferingormakingattemptsto dispossess the petitioner from the land assigned to her ie' land admeasuring Ac. 1-20gts in Sy No'492/1/3 situated at Bhanjipet District There is no cause Village, Narsampet Mandal, Warangal petitioner writ petition. Therefore, the iS not action to rile this for' entitled for any relief sought 6.
Withtheaboveobservations,theWritPetitionisdisposed of. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs' SD/-K. SAIL HI ASSISTANT REG ,TRUE COPY// SECTI OFFICER of Telangana' Secretariat' . ,n" Principal Secretary (Revenue Department)' State 'o'', Hvderabad. 2 fire District Collector, Warangal District' :. i;; F;;;;;ub*iiili,rr oni. ""i, t'l"s'mpet' waransql Rural District' i. ir'," rir. )Jiircri, Narsampet t\4andal, W. {4991 Rural District' 5. o;; ctio Sri P, Devender, Advocate [oPUCl for the state of Telangana 6. i;; cc. 1" cp fo1 Revenue, High Court at Hyderabad. [OUT] 7. Two CD CoPies '1. *-' HIGH COURT DATED:2111212020 ,i ORDER ST4 WP. No. 22222 ol 2020 3 0 2 JA['l 2021 * <1 DISPOSING OF THE WP WITHOUT COSTS \ c. \\
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