Telangana High Court
Chavan Malan Bai And 3 Others vs State Of Telangana And 5 Others on 27 July, 2020
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.11112 of 2020
ORDER:
The present writ petition is filed under Article 226 of the Constitution of India for issue of a Writ of Mandamus to declare the action of 3rd respondent-Station House Officer, Wankidi Police Station in directing the petitioners not to enter into the peaceful possession and enjoyment of their agricultural lands in Survey No.37/AA admeasuring Ac.6.07 guntas, in Survey No.39/AA2 admeasuring Ac.1.264 guntas, in Survey No.39/AA3 admeasuring Ac.1.264 guntas and in Survey No.39/AA1 admeasuring Ac.1.264 guntas situated at Gunjada Village, Wankidi Mandal, Komuram Bheem Asifabad District, till the petitioner hands over land to an extent of Ac.2.00 Gts in Survey No.37/6, to the 6th respondent, otherwise to implicate in false cases in collusion with the 6th respondent, as being arbitrary and illegal.
2. The above case is taken up for hearing today i.e., 27.07.2020, through Video Conferencing.
3. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home appearing for the official respondents.
4. The learned counsel for the petitioners while reiterating the writ averments would submit that as per the report submitted pursuant to the survey conducted on 15.06.2020, it is stated that there are no "tepan" available in respect of Survey No.37 and also no sub-division plan available on record, as such, the Mandal Surveyor who was deputed by the 5th respondent authority requested the authorities to conduct survey by preparing a location 2 sketch in respect of the entire land in Survey No.37 in order to identify the land of the unofficial respondent No.6 to an extent of two acres. The learned counsel for the petitioners on the basis of the above report of the Mandal Surveyor, would submit that the land of 6th respondent in Survey No.37/6 is unidentified and on that basis, the action of 3rd respondent authority in directing the petitioners not to enter into their land in Survey No.37 as well as in Survey No.39 wherein the petitioner is doing cultivation of cotton crop is without jurisdiction and abuse of process of law.
5. The learned Assistant Government Pleader for Home has forwarded to this Court by e-mail written instructions dated 25.07.2020 under the signature of 3rd respondent authority. By the said written instructions, it is stated that on 01.06.2020 the 6th respondent in the present writ petition gave a representation to the 3rd respondent authority stating that he is having land of two acres in Survey No.37/6 situated at Gunjada shivar and that the same is illegally occupied and cultivated by Chavan Ganesh, caste by lambada community, r/o. Gunjada village, Wankidi Mandal, and others and as such requested to necessary action. It is stated that on receipt of the above petition, the 3rd respondent authority endorsed the same to the Sub-Inspector of Police to take necessary action as per law. It is also stated that on receiving the above petition, the authority made a GD entry in the 3rd respondent Police Station. As the contents of the petition are non-cognizable offence in nature, a letter was sent to the Additional Judicial First Class Magistrate, Asifabad on 01.06.2020 with a request to accord permission to investigate the petition. It is also stated that the 3rd respondent authority also addressed a letter to the 5th respondent authority-Tahsildar, Wankidi Mandal, with a request to depute the 3 concerned Surveyor to measure the land in Survey No.37 and to identify the land of the complainant to an extent of two acres in Survey No.37/6 at Gunjada shivar.
6. By the written instructions, it is also stated that on receipt of a requisition from the 3rd respondent, the 5th respondent deputed the Mandal Surveyor to survey the land in Survey No.37 and to identify the Survey No.37/6 therein, but the local people did not allow the surveyor to survey the land and as such upon request of the 5th respondent, the 3rd respondent provided police protection to the surveyor, got surveyed the land and submitted his report.
7. While that being the position, on 17.06.2020 at 18:00 hours, one Chawan Malan Bai, the first petitioner herein lodged a complaint stating that she had land to an extent of Ac.6.07 guntas in SurveyNo.37/AA, at the outskirts of Gunjada village, which was purchased by her from Kotnaka Potti Mokasi about 18 years back and since then the land is in her possession and that one Kotnaka Kishan, Kotnaka Kishtu and Kotnaka Barikrao are preventing her from cultivating her land and compelling to go away from her land and also threatening her, as such she requested to take necessary action. It is also stated that on receipt of the above petition, a GD entry was made and as the contents of the complaint disclose non- cognizable offence in nature, a letter was sent to the Additional Judicial First Class Magistrate, Asifabad on 17.06.2020 with a request to accord permission to investigate the petition and such permission is awaited.
8. By the written instructions, it is further submitted that on 30.06.2020 at 11:00 hours the Sub-Inspector of Police, of the 3rd respondent Police Station apprehended one Chawan Ganesh, 4 Kotnaka Kishtu and Kotnaka Barikrao under precautionary measures as they were creating law and order problem by promoting enmity between two community groups in a land dispute, as the total extent of land in Survey No.37 is to an extent of Ac.15.18 gts is in dispute and there are total eight members of pattadars for this land, in which three members belongs to ST lambada community and five other members belongs to ST gond community and there are no specific sub-divisions of the land in Survey No.37 admeasuring Ac.15.18 gts. It is also stated that even village elders tried to demarcate the land for which the said eight members did not agree. It is also stated that upon apprehending the above persons, the 3rd respondent authority registered a case vide Crime No.338 of 2020 under Section 107 Cr.P.C. of Wankidi Police Station and produced the respondents before the Mandal Revenue Officer (5th respondent).
9. With regard to the specific averment of the petitioners that the 3rd respondent authority in directing the petitioners not to enter into their land in Survey Nos.37/AA and 39/AA/1, 2 & 3, by the written instructions, the same has been denied as false and invented for the purpose of the present writ petition. It is also stated that the 3rd respondent never directed the petitioners not to enter into their land and as a matter of fact, due to land issues, there is likelihood of untoward incidents occurring, the 3rd respondent authority registered a case in Crime No.338 of 2020 under Sections 107 of Cr.P.C.
10. Having regard to the submissions made as above, and in particular, the statement made on behalf of the 3rd respondent authority that the said respondent authority has not directed the petitioners not to enter into the peaceful and enjoyment of 5 agricultural lands of the petitioners as per the pattadar passbooks issued by the Government of Telangana, no further orders need be passed in the matter. However, it is made clear that if the petitioners and the unofficial respondents resort to creating law and order situation, taking claim to the unidentified extent of their land in Survey No.37, the 3rd respondent authority is free to register cases and investigate into the same strictly in accordance with law and also taking preventive measures, as contemplated under law in order to ensure peace and tranquility in the area.
11. Subject to the above observation, the writ petition is disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed in the light of this final order.
___________________ T. VINOD KUMAR, J Date: 27.07.2020 Isn 6