Telangana High Court
Sankalamanddi Shivaleela vs The State Of Telangana on 7 August, 2024
Author: K. Lakshman
Bench: K. Lakshman
THE HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.21618 of 2024
ORDER:
Heard Sri R. Harish, learned counsel for the petitioners, Sri Somu Srinivas Reddy, learned Assistant Government Pleader for Revenue appearing for respondent Nos.2, 4 & 5 and Sri Laxmalla Sandeep, learned Assistant Government Pleader for Irrigation and Command Area Development appearing for respondent Nos.1 and 3.
2. Petitioners are claiming that they are the absolute owners and possessors of the land admeasuring Ac.1.07 gts., in Sy.No.219/A and Ac.1.08 gts., in Sy.No.219/AA, situated at Chegunta Village, Thimmajipet Mandal, Nagar Kurnool District. In proof of the same, they have filed copies of latest passbooks and title deeds. Even then, respondent No.3 is trying to dig a canal in the said property without following due procedure laid down under law. Therefore, the present Writ Petition.
3. In similar circumstances, this Court recording the written instructions of learned Assistant Government Pleader, passed order dated 03.07.2024 in W.P.No.17101 of 2024. The paragraph Nos.3 and 4 of the said order are relevant and are reproduced herein under: 2
"3. Learned Assistant Government Pleader for Revenue produced the written instructions, wherein it is stated that:
"as requisitioned by the Irrigation department vide lr. No.EE/MGKLI/D2/NGKL 51/BM, Dt.01.07.2019, for formation of Minor-9 canal on Kamaluddinpur Major Canal at Chegunta Village of Thimmajipet Mandla, wherein the petitioner said Sy.Nos.213 and 214 have proposed for acquisition. But, the survey Sub-division record was not done, due to non-fixing of alignment and the Land Acquisition process is in initial stage, after completion of survey sub-division work only the land will be identified whether the proposed land belongs to petitioner and also the land possession have not handed over to the requisition department and canal have not excavated. The acquisition process which is in initial stage will be completed under the provisions of RFCT LA R&R 30 of 2013 Act, soon after completion of survey sub-division work."
4. In view of the aforesaid submissions, the Writ Petition is disposed of directing the respondents not to dispossess the petitioner from the aforesaid properties without following due procedure laid down under law. There shall be no order as to costs".
Petitioners herein are also standing on the very same footing and to maintain parity, they are also entitled for the same relief.
4. Sri Somu Srinivas Reddy, learned Assistant Government Pleader for Revenue relies on the very same written instructions.
5. In the light of the aforesaid discussion, this Writ Petition is disposed of, directing the respondents not to dispossess the petitioners from the subject property, without following due procedure laid down 3 under law. If the subject property belonging to the petitioners is required for any public purpose including digging of canal, the respondents are at liberty to acquire the same by following due procedure laid down under law.
As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed.
__________________ K. LAKSHMAN, J 07.08.2024 Pvt