Telangana High Court
Smt.Sunnam Susheela vs The State Of Telangana And 2 Others on 25 April, 2022
Author: Lalitha Kanneganti
Bench: Lalitha Kanneganti
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION No. 3709 OF 2021
O R D E R:
This Writ Petition is filed questioning the action of the 3rd respondent and his subordinates in destructing the crop of the petitioner in Survey No. 241/16, in an extent of Ac.0.28 guntas and in Survey No. 241/22 in an extent of Ac.1.38 guntas, total admeasuring Acs.2.26 guntas situated at Pusugudem Village, Mulakalapalli Mandal of Bhadradri- Kothagudem District without issuing any notice and without initiating land acquisition proceedings.
2. Sri M.M.M. Srinivasa Rao, learned counsel for the petitioner submits that the petitioner is the owner of the above- said property. It is stated that when the revenue authorities are disturbing her possession without issuing any notice and without following due process of law, the petitioner filed Writ Petition No. 185 of 2020 and the same was disposed of by this Court on 09.11.2020. It is also stated that in spite of the orders passed by this Court directing the respondent officials not to interfere with the lands of the petitioner, the revenue officials are again interfering with her possession and the petitioner is also taking steps to file a contempt petition. It is stated that on 2 10.02.2021, at around 05.00 p.m., the 3rd respondent came to the petitioner's agricultural land along with their staff and started destroying the crops without issuing any prior notice. He submits that without verification of the records, the 3rd respondent threatened that the land falls in the jurisdiction of Paloncha and the same is located in Survey No. 817 of Paloncha jurisdiction without conducting any survey and demarcation in the presence of the affected persons. Learned counsel submits that the respondents are objecting the petitioner from carrying out the agricultural operations without issuing any notice and without initiating any proceedings. Hence, the petitioner is constrained to approach this Court.
3. Learned Standing Counsel for the respondent Municipality Sri N. Praveen Kumar basing on the written instructions obtained from the Commissioner, Paloncha Municipality submits that the boundary of the land of the petitioner is existing between Paloncha and Pasugudem Villages and the revenue authorities have handed over the government land with measurements as per the revenue and survey records. It is stated that the petitioner wrongly mentioned their land boundaries, and she may approach the revenue authorities and file 'F' line petition for identifying their land boundaries in 3 Survey Nos. 241/16 and 241/22 of Pasugudem Village. It is also stated that the Tahsildar, Paloncha has erected the board and mentioned that the land in Survey No. 817/1 is reserved for Paloncha Municipality. It is also stated that the municipal authorities have entered into a lease agreement with M/s CGR JV Private Limited to establish and operate / maintain the FSTPs. for a period of 30 days.
4. In view of the submissions made by the learned Standing Counsel that the respondent authorities will act in accordance with law, the Writ Petition is disposed of directing the respondent authorities not to interfere with the petitioner's land without following due process of law. There shall be no order as to costs.
5. The Miscellaneous Applications, if any shall stand automatically closed.
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LALITHA KANNEGANTI, J 25th April 2022 ksld 4 5