Telangana High Court
Potharaveni Mounika vs The State Of Telangana And 6 Others on 16 November, 2022
Author: P.Madhavi Devi
Bench: P.Madhavi Devi
THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
WRIT PETITION No.22702 of 2022
ORDER:
This Writ Petition is filed seeking a writ of Mandamus declaring the action of the respondents No.5 to 7 in interfering with the petitioner's peaceful possession over the land in Sy.No.270/C, admeasuring to an extent of Ac.1-08 Gts., situated at Lakkapoor Village, Manthani Mandal, Peddapalli District (erstwhile Karimnagar District) without following the due process of law as illegal and arbitrary.
2. Brief facts leading to the filing of the present Writ Petition are that the petitioner claims to be the Pattadar and Possessor of the land of Ac.1-08 Gts., in Sy.No.270/C situated at Lakkapoor Village, Manthani Mandal, Peddapalli District by virtue of Pattadar Passbook and title deed bearing No.681. It is stated that the petitioner's father has purchased the subject land from one Erkala Lingaiah and 2 others under a registered Sale Deed bearing Doct.No.68/2013, dated 04.02.2003, registered in the office of Sub-Registrar, Manthani and from the date of purchase of the said land, the petitioner's father and thereafter the petitioner have been in possession of the said property. 2
PMD,J W.P.No.22702 of 2022
3. It is further submitted that the respondents No.3 and 4 have issued the Pattadar Passbook and Title Deeds (Old) in petitioner's favour and e-pattadar passbook-cum-Title Deed has also been issued in favour of the petitioner. It is submitted that the respondents No.5 to 7, without any right or authority, are frequently interfering with the petitioner's possession over the subject land, claiming that it is forest land and due to such interference, the petitioner is not able to cultivate the land. It is submitted that the land of the petitioner was surveyed in the joint survey and the boundaries were fixed by the survey authorities under a Panchanama. Since, the respondents No.5 to 7 were interfering with the peaceful possession of the petitioner's land, even thereafter, the present writ petition is filed.
4. Learned counsel for the petitioner, while reiterating the submissions made in the application, has drawn the attention of this Court to joint survey report which is filed at page No.32 and 33 and also Location Map which is filed at page No.31. He submitted that while issuing the e-pattadar passbook, the Government has not only issued the Title Deed but also confirmed the possession of the petitioner.
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5. Learned Government Pleader for Forests relied upon the averments made in the counter affidavit and stated that the claim of the petitioner that she is in possession of the property is not correct. According to the Forest Department, the petitioner, under the guise of the patta in her name, is trying to enter the forest land and that the Forest Officials have stopped the petitioner from such interference.
6. Learned Government Pleader has also drawn the attention of this Court to the tonch map and as well as the google map at page No.10 to 12 of the counter affidavit to demonstrate that the petitioner is trying to claim the land in Reserve Forest Area as her property. He submitted that since the petitioner is trying to interfere or encroach upon the forest land, the respondents are trying to stop the petitioner's encroachment and that they are not interfering with the petitioner's property in Sy.No.270/C.
7. Learned counsel for the petitioner has also referred to the reply affidavit of the petitioner filed by the petitioner denying the allegations made by the respondents. It is submitted that the joint survey was conducted in the presence of the Forest Officials and they did not file any objections at the time of survey and therefore the said document has to be taken into consideration.
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8. Having regard to the rival contentions and the material on record, it is noticed that the petitioner claims her title in Sy.No.270/C and claims to be in possession of the said property alone. The joint survey allegedly conducted by the survey officials is also not denied. It is only contended that the respondents are not accepting the joint survey report. However, such a contention would not invalidate the survey report. If the respondents are aggeived, they ought to have taken appropriate steps to challenge the same. Since, admittedly the petitioner is in possession of the property in Sy.No.270/C situated at Lakkapoor Village, Manthani Mandal, Peddapalli District. If the respondents dispute the possession of the petitioner or the Title of the petitioner, this Court is of the opinion that the respondents ought to have followed due process of law and taken steps to get the petitioner evicted from the property if the petitioner is in the forest land. In view thereof, this Court deems it fit and proper to direct the respondents No.5 to 7 not to interfere with the petitioner's property admeasuring to an extent of Ac.1-08 Gts., situated at Lakkapoor Village, Manthani Mandal, Peddapalli District (erstwhile Karimnagar District) without following due process of law.
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9. Accordingly, this Writ Petition is allowed. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall also stand closed.
_____________________________ JUSTICE P.MADHAVI DEVI Date: 16.11.2022 TU/PRN 6 PMD,J W.P.No.22702 of 2022 99 THE HON'BLE SMT. JUSTICE P. MADHAVI DEVI WRIT PETITION No. 22702 of 2022 Date: 16.11.2022 TU/PRN