Telangana High Court
P.Goverdhan Reddy vs The State Of Telangana on 3 July, 2024
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.17101 of 2024
ORDER:
Heard Sri R.Harish, learned counsel for the petitioner, learned Assistant Government Pleader for Irrigation and CAD appearing for respondent Nos.1 and 3, Sri Somu Srinivas Reddy, learned Assistant Government Pleader for Revenue appearing for respondent Nos.2, 4 and 5. Perused the record.
2. The petitioner claims to be the absolute owner and possessor of the land admeasuring Acs.1.19 guntas in Sy.No.213/A7 and Ac.0.1375 guntas in Sy.No.214/A/1 situated at Chegunta Village, Thimmajipet Mandal, Nagarkurnool District. In proof of the same, he has filed copies of pattadar passbook and title deed. The petitioner is in possession of the subject properties. Even then, respondent No.3 dug a canal in the subject properties without following due process of law. Hence, the present writ petition is filed.
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, 2 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.
As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.
__________________ K. LAKSHMAN, J Date: 03.07.2024 ssp