Telangana High Court
Budiga Arvind vs The State Of Telangana on 28 May, 2025
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
WRIT PETITION No.15275 of 2025
ORDER:
This Writ Petition is filed seeking the following relief:
“….to issue a writ or order or direction more particularly one
in the nature of Writ of Mandamus declaring the action of
respondent Nos.3 to 7 in highhandedly earmarking the
petitioner No.1’s agricultural Patta land bearing Sy.No.
107/AA3, admeasuring an extent of Ac.1-17 Guntas and Sy.
No.107/AA1 admeasuring an extent of Ac.1-25 Guntas and
Sy.No.134/1/2 admeasuring an extent of Ac.1.02 total Ac.
4.04 gts., and petitioner No.2’s agricultural Patta land
bearing Sy.No.108/AA, admeasuring an extent of Ac.1-35
Guntas and petitioner No.3’s agricultural Patta land bearing
Sy.No.134/6, admeasuring an extent of Ac.1-20 Guntas all
situated at Ananthagiri Revenue Village, Ananthagiri Mandal,
Suryapet District, and trying to evict the petitioners in the
name of laying the extension of BT Road 10 feet to 30 feet
towards form Palaram to Kistapuram in petitioner patta
lands, without following due procedure of law and without
issuing any sort of notice to petitioners and without acquiring
the land by initiating land acquisition proceedings as illegal,
arbitrary and violative of Articles 14, 21 and 300-A of the
Constitution of India apart from being violative of principles of
natural justice and consequently direct the Respondents not
to interfere with the subject lands of the petitioners, pending
final disposal of the main writ petition pass…”
2. Heard Sri M.Rami Reddy, learned counsel for the
petitioners, Sri K.Muralidhar Reddy, learned Government
Pleader for Revenue appearing for respondent Nos.2, 3, 5 and 7
and Sri K.Pradeep Reddy, learned Standing Counsel for
respondent No.6. With the consent of the respective parties, the
writ petition is being disposed of at the stage of admission.
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3. Learned counsel for the petitioners would submit that the
petitioner No.1 is the owner of the land admeasuring Ac.1.17
guntas in Sy.No.107/AA3, Ac.1.25 guntas in Sy.No.107/AA1,
Ac.1.02 guntas in Sy.No.134/1/2 in total Acs.4.04 guntas,
petitioner No.2 is the owner of the land admeasuring Acs.1.35
gutnas in Sy.No.108/AA and petitioner No.3 is the owner of the
land admeasuring Acs.1.20 guntas in Sy.No.134/6 situated
Ananthagiri Revenue Village, Ananthagiri Mandal, Suryapet
District and they are in peaceful possession and enjoyment of
the subject property and they have also been given patta
passbooks and title deeds in respect of the subject lands. He
further submits that respondent Nos.3 to 7 are interfering with
the possession of the petitioners under the guise of laying BT
road, without giving any notice and without taking any steps for
acquiring the same, which is in clear violation of principles of
natural justice and also in violation of Article 300-A of the
Constitution of India.
4. Per contra, learned Government Pleader for Revenue, on
instructions, would submit that the writ petition is premature,
as no steps are being taken for laying BT road and the
respondents are not taking up any road widening, as alleged by
the petitioners. Learned Government Pleader would further
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submit that as and when road widening is taken up for
expansion of the existing road, due process as contemplated
under law will be followed.
5. Having regard to the submissions made by learned
counsel for the petitioners as well as learned Government
Pleader for Revenue, the writ petition is disposed of, directing
the respondents not to dispossess the petitioners from the
subject property without following due process of law. No costs.
As a sequel, the miscellaneous petitions pending, if any,
shall stand closed.
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LAXMI NARAYANA ALISHETTY, J
Date:28.05.2025
EDS/SUS