The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.38663 of 2014 Dated 16.12.2014 Between:
A.V.Jayanth Babu and 2 others And The State of Telangana, rep. by its Prl.Secretary Irrigation Dept., Hyderabad and 4 others.
…Petitioners …Respondents Counsel for the petitioners: Mr.MMM.Srinivas for Mr.Kowturu Vinaya Kumar Counsel for respondent Nos.1 to 4: AGP for Irrigation & CAD (TG) Counsel for respondent No.5: AGP for Revenue The Court made the following:
Order:
This Writ Petition is filed with the grievance that respondent Nos.2 to 4 have been unduly interfering with the petitioners’ enjoyment of their respective patta lands, totally admeasuring Acs.6.04½ cents, in Survey Nos.294/B, 294/C and 294/D, situated at Kothagudem Village, Hanamakonda Mandal of Warangal District.
At the hearing, the learned Assistant Government Pleader for Irrigation (TG), representing respondent Nos.1 to 4, on instructions, submitted that the subject lands, over which the petitioners hold pattas, are shikam lands and that the petitioners can only enjoy their respective lands without any rights of alienation. He has further submitted that respondent Nos.2 to 4 are not, in any manner, interfering with the petitioners’ possession of their respective lands.
As respondent Nos.2 to 4 admit the title of the petitioners over the subject lands, they are restrained from interfering with the petitioner’s enjoyment thereof. If the petitioners indulge in violation of any law, respondent Nos.2 to 4 can initiate appropriate legal action against them.
Subject to the liberty given to respondent Nos.2 to 4 as above, the Writ Petition is allowed.
As a sequel to disposal of the Writ Petition, WPMP.No.48401 of 2014, filed by the petitioners for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 16th December, 2014
LUR