Telangana High Court
Mekala Kranthi Kuma vs The State Of Telangana on 18 August, 2025
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.10369 OF 2025
ORDER:
Petitioner claims to be the absolute owner and possessor of agricultural land bearing Survey No.710, admeasuring Acs.3-20 gts., situated at Thirmanpally Village, Nizamabad District. Petitioner has been in possession of the land for 20 years and was allotted the same with Pattadar Pass Book No.220846 in 2010. Petitioner also holds an electricity connection No.51375- 01980 in their name and regularly pays the electricity charges. On 12.11.2024, Respondent No.2 issued proceedings (N.O.O (CE/Projects) Ms.No.448, for the erection of a 33/11 KV Sub- Station at Thirmanpally, but the notice did not specify the survey number of the land. In response, petitioner filed suit O.S. No.51 of 2025 before the Principal Junior Civil Judge Court, Nizamabad, seeking a permanent injunction to prevent unauthorized occupation of the land. After summons were issued to the respondents, respondents 3 to 5, allegedly influenced by local politicians, hastened the sub-station installation. They laid the foundation stone on 03.04.2025 at 4:30 PM in a rushed manner, with the Local MLA Sri Bhupathi 2 NBK,J WP_10369_2025 Reddy officiating. This action was taken to occupy cultivable agricultural land in Survey No.710 without following due process. Hence, this Writ Petition.
2. Heard Sri Vanam Vishwanatham, learned counsel for petitioner, learned Government Pleader for Energy for respondent No.1 and Sri A.Chandra Shekar, learned Standing counsel for respondent Nos.2 to 5. Perused the record.
3. Learned Government Pleader for Assignment for respondent No.9 filed a counter affidavit stating that the Forest Range Officer, Indalwai, informed that the writ petitioner is not in physical possession of survey No.710. He further reported that since the writ petitioner belongs to the Backward Class community, he cannot be issued a ROFOR patta, as only the rights of Scheduled Tribe people are regularized under the ROFOR Act. Therefore, the petitioner's request is rejected. The affidavit also enclosed proceedings dated 11.07.2025, wherein paragraph No.8 states as follows:
8. The APEX court in the matter of "East India Hotels Ltd." Vs Syndicate Bank reported in 1991 (2) SCAL638 held that in our jurisprudence governed by rule of law even an unauthorized occupant can be ejected only in the manner provided by law.3
NBK,J WP_10369_2025 'The High Court in the matter of "East India Hotels Ltd." Vs Syndicate Bank reported in 1991 (2) SCAL638, under section 6 of the Specific Relief Act, 1963, clarified that even after the termination or expiry of license, a license cannot be forcibly evicted without due process of law and they are entitled to seek legal recourse to protest their possession. In this case, during the verification of Revenue Records and local enquiry, it is clearly established beyond doubt that the Pattadar Pass Book & Title Deed produced by the writ petitioner are not issued from the Tahsil Office, Dichpally now Indalwai since he did not furnish the valid order issued by Tahsildar, Indalwai Respondent No. 4 herein. It is clearly proved that the writ petitioner not in physical possession of the suit land at any time. As such the above directions of the Hon'ble APEX court cannot be made applicable to this case and as such his plea on this point is rejected.'
4. Learned Standing Counsel for NPDCL for respondent Nos.2 to 5 filed a counter affidavit stating that the land in Survey No.710 in Thirmanpally Village, Indalwai Mandal, Nizamabad District belongs to the Government and not to the petitioner. It is stated that the fact of non-issuance of a new pattadar pass book in the name of petitioner makes it clear that the said land does not belong to petitioner but is government land. It is stated that the proposal for erection of the new 33/11 KV sub-station was approved and an amount was sanctioned. Therefore, prayed this Court to dismiss the writ petition.
5. Considering the submissions made by both the learned counsel and a perusal of the records, it is evident that petitioner 4 NBK,J WP_10369_2025 has failed to establish ownership or physical possession of the suit land bearing Survey No.710, Thirmanpally Village, Nizamabad District. It may be noted that the Revenue records and the report of the Forest Range Officer clearly indicate that the land belongs to the Government and not to the petitioner. Furthermore, the petitioner's request for ROFOR patta is not maintainable as it is restricted to Scheduled Tribe persons, and petitioner belongs to the Backward Class community. It may be further noted that the erection of the 33/11 KV Sub-Station has been approved by the competent authority, and there is no legal infirmity in the process followed. Therefore, the writ petition is devoid of merits and is liable to be dismissed.
6. Accordingly, the writ petition is dismissed. There shall be no order as to costs.
Miscellaneous applications, if any, pending in this writ petition, shall stand closed.
____________________________ NAGESH BHEEMAPAKA, J Date: 18.08.2025 dgr