Telangana High Court
Kum.Pravani vs The Principal Secretary on 12 February, 2025
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.25618 of 2023
ORDER:
This writ petition has been filed seeking to declare the
action of respondent Nos.3 and 4 in forcibly trespassing into the
agricultural land of the petitioners bearing Survey No.76/EE
(76/ఈ) to an extent of Ac.7.30 guntas situated at Appak pally
Village, Narayanpet Mandal and District, causing damage to the
standing crop and illegally changing the boundaries with the
connivance of respondent No.5 as illegal and arbitrary and for
other appropriate reliefs.
The petitioners claim to be the owners and possessors of
agricultural land admeasuring Ac.7.30 guntas situated in
Survey No.76/EE (76/ఈ) at Appak Pally Villafge Narayanpet
Mandal and District having acquired the same under a
registered gift deed dated 25.05.2012 executed by their
grandfather. It is stated that names of the petitioners have been
recorded in the revenue records and pattadar pass books have
also been issued in their favour. The grievance of the
petitioners is that despite the same, at the instance of
respondent No.5, who is not having any right or title over the
subject land, the Revenue Divisional Officer and the Tahsildar,
Narayanpet Mandal and District i.e., respondent Nos.3 and 4
herein are not only frequently interfering with their possession
over the subject land but they are also making efforts to illegally
trespass into the same and cause damage to the existing crop
thereon without following due process of law.
Learned counsel appearing for respondent No.5
vehemently contended that when there are disputes with regard
to possession and enjoyment of the subject land, alleging that
the father of the petitioners herein is interfering with his
property, respondent No.5 instituted a suit vide O.S.No.215 of
2023 on the file of learned Principal Junior Civil Judge at
Narayanpet along with I.A.No.668 of 2023 seeking to grant
temporary injunction and the Court below dismissed the said
I.A against which respondent No.5 herein preferred appeal vide
CMA.No.05 of 2024 on the file of the learned Principal District
Judge, Narayanpet, wherein temporary injunction has been
granted in favour of respondent No.5; and as such the present
writ petition as filed by the petitioner is not maintainable.
Learned counsel for the petitioner submits that pending
adjudication of the present writ petition, suppressing the said
fact, respondent No.5 filed O.S.No.215 of 2013 without even
impleading the petitioners herein, who are the absolute owners
and possessors of the subject property, and as such any orders
granted in the appeal filed against the orders passed in the suit,
are not binding on the petitioners herein. Learned counsel
further contended that taking advantage of the temporary
injunction granted against the petitioners' father, respondent
No.5 in collusion with respondent No.3 and 4 is high handedly
trespassing into the subject land and causing damage to the
existing crop thereon.
Considered the submissions of the learned counsel for the
respective parties and perused the record.
Admittedly, the names of the petitioners have been
mutated in the revenue records, pattadar pass books have also
been issued in their favour and they are in possession of the
subject land. Since it is evident that the petitioners are not
impleaded as party respondents/defendants in the suit/appeal
filed by respondent No.5, any order/judgment passed therein is
not binding on the petitioners herein. If respondent No.5 is
having any grievance against the petitioners with regard to
interference with the possession and enjoyment of the subject
land, he is at liberty to take appropriate steps against the
petitioners, in accordance with law.
It is settled law that the revenue authorities, are not
conferred with any power to interfere into the civil disputes in
any manner, except maintaining/regulating the revenue
records.
In view of the same, the writ petition is disposed of,
directing respondent Nos.3 and 4 not to interfere with the
subject land of the petitioners in any manner. If the
Government has any claim over the subject land of the
petitioners, necessary steps shall be taken by duly following the
procedure prescribed under law. It is made clear that the
pending civil cases, if any, instituted by either of the parties
shall be decided uninfluenced by any observations made by this
Court in this writ petition.
Pending miscellaneous applications, if any, shall stand
closed. There shall be no order as to costs.
_________________________
C.V.BHASKAR REDDY, J
12.02.2025
JSU
