Telangana High Court
Syed Rafeeq Raza vs The State Of Telangana And 3 Others on 24 March, 2021
Author: P.Naveen Rao
Bench: P.Naveen Rao
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO.7107 OF 2021
Date: 24.03.2021
Between:
Syed Rafeeq Raza s/o. Syed Rukun Raza,
Aged 37 years, occu: Business,
r/o. H.No.33, Beside Taraporewala,
Nurshing Home, East Maredpally,
Secunderabad.
.....Petitioner
and
The State of Telangana, rep.by its
Prl.Secretary, Revenue Department,
Secretariat Buildings, Hyderabad
and others.
.....Respondents
The Court made the following:
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO.7107 OF 2021
ORDER:
This writ petition is filed praying to grant the following relief:
"..to issue an appropriate writ order or direction more particularly one in the nature of WRIT OF mandamus declaring the action of the respondents in not considering the petitioner's oral request to return back from his fields in his farm which is registered farm on the government land and the respondents have no right to enter and disturb the fencing of the farm and convert into private plots in respect of the above stated survey numbers is illegal, arbitrary and unconstitutional and in violation of Articles 14 and 21 of the Constitution of India and to pass such other order or orders as this Hon'ble Court may deems fit and proper in the circumstances of the case."
2. From the reading of the prayer, there is no clarity what is the grievance of the petitioner and what relief he seeks from this Court in the writ petition instituted by invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.
3. In paragraph-4 of the affidavit filed in support of the writ petition, petitioner states that the land in issue, in which he is running a dairy farm, is a Government land, but he is having a registered farm on the said land and is in occupation since 2012, having taken lease from a person, by name, Mr. Ashok Kumar. Petitioner alleges that 4th respondent in the writ petition disturbing the fencing erected by the petitioner, entering into his farm land and creating disturbance to the petitioner.
4. In other words, petitioner admits that it is a Government land, claims to have taken on lease from a person, who is no way concerned with the said land, and now alleges that 4th respondent, some other person and his henchmen are interfering in his possession and enjoyment. Except making these averments, and filing photographs of the land stated to be in his possession, no other material is placed on record to show the ownership claim/ possession claim. On the contrary, petitioner admits that status of the land is a Government land. Petitioner instituted O.S.No.227 of 2012 in the Court of Junior Civil Judge, Medchal, against Mr. P.Ashok Kumar. From the order dated 10.12.2012 made in I.A.No.1217 of 2012 in O.S.No.227 of 2012, it is seen that the trial Court also recorded that the land in issue is a Government land, but directed to maintain status quo by the defendant therein till his appearance. It is not stated as to what happened to the said case after that date.
5. Be that as it may, as noticed above, as petitioner admits that the land in issue is a Government land and claimed to have obtained lease from a person no way concerned with the land and as photographs disclose that land is a barren land, the claim of running a dairy farm and being disturbed from operation of dairy farm by another unconcerned person shows that the petitioner lacks bona fides in prosecuting the writ petition and wants to grab Government land. This is vexatious litigation. Writ Petition is dismissed with costs of Rs.5,000/- (Rupees five thousand only) to be paid to the Secretary, High Court Legal Services Committee, within fifteen days from the date of receipt of copy of this order. Pending miscellaneous petitions shall stand closed.
___________________________ JUSTICE P.NAVEEN RAO Date: 24.03.2021 Kkm HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.7107 OF 2020 Date: 24.03.2021 kkm