Citation : 2023 Latest Caselaw 3105 Tel
Judgement Date : 12 October, 2023
THE HONOURABLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.25628 of 2023
O R D E R:
This Writ Petition is filed seeking the following relief:
"......to pass an order direction or a writ particularly in the nature of Writ of Mandamus declaring that the action on part of the respondent No.3 in interfering into disputes of civil nature in between the petitioner and the revenue authorities in respect of petitioner's property i.e., all that agricultural land admeasuring Ac.09.05 guntas in Sy.No.626/2, situated at Shamshabad Village, Shamshabad Mandal, Rangareddy District, without follow the due process of law, is highly illegal, arbitrary, in violation of principles of natural justice and unconstitutional violating Article 300-A of the Constitution of India. Consequently, this Honourable Court may be pleased to direct the respondents No.3 not to interfere into disputes of civil nature in between the petitioner and the revenue department, in respect of land of the petitioner i.e., all that agricultural land admeasuring Ac.09.05 guntas, in Sy.No.626/2, situated at Shamshabad Village, Shamshabad Mandal, Rangareddy District, and not otherwise and pass....."
02. The petitioner claims to be the owner and
possessor of agricultural land admeasuring Ac.09.05
guntas in Sy.No.626/2, situated at Shamshabad Village,
Shamshabad Mandal, Rangareddy District. Further the
case of the petitioner is that one Mr.Khaja Pasha and Taher
Khan misguided the revenue authorities and tried to
interfere with his possession in the month of March, 2020
disputing the boundaries and survey number of subject
land and that to protect the possession and right over the
subject property, the petitioner constrained to institute a
suit in O.S.No.114 of 2020 on the file of the learned I
Additional District & Sessions Judge, Rangareddy District
at LB Nagar seeking perpetual injunction and the said
Court vide Judgment and decree dated 10.03.2023 decreed
the suit in part.
03. It is the further case of the petitioner that at the
instance of revenue officials, the respondent/Police are
frequently interfering with the possession of the petitioner
over the subject property.
04. Learned Assistant Government Pleader for
Home submitted that there is no such interference with the
possession of the petitioner at the instance of revenue
officials and they have only inspected the subject property
to note down the physical features.
05. This Court, having considered the submissions
made by learned counsel for the respective parties, is of the
considered view that this Writ Petition can be disposed of
directing respondent No.3-Police not to interfere with the
possession of the petitioner over subject property without
following due process of law.
06. With the above direction, this Writ Petition is
disposed of. There shall be no order as to costs.
As a sequel, the miscellaneous petitions pending, if
any, shall stand closed.
_________________________________ JUSTICE C.V.BHASKAR REDDY Date: 12-OCT-2023 KHRM
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