The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.34605 of 2014 Dated 17.11.2014 Between: V.Raju …Petitioner And State of Telangana Rep. by its Prl.Secretary to Govt.., Revenue Dept., Hyderabad and 3 others.
…Respondents Counsel for the petitioner: Mr.N.Subba Rao Counsel for the respondents: AGP for Revenue (TG) The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to declare the action of respondents Nos.3 and 4, in seeking to interfere with the petitioner’s possession of land admeasuring 295 square yards in Survey Nos.442, 444, 445, 448 and 449 of Vignanapuri Colony, Kukatpally Village, Balanagar Mandal, Ranga Reddy District, as illegal and arbitrary.
In his affidavit, the petitioner has averred that respondents Nos.3 and 4 have visited the aforesaid land on 11.11.2014 and orally informed the petitioner that the same belongs to the Government and that therefore, he should vacate the same.
Except the ipsi dixit of the petitioner, no evidence in support of his averment has been filed. If respondent Nos.3 and 4 have unlawfully threatened the petitioner with dispossession from the land in question, he ought to have issued a notice to the said respondents to refrain from interfering with his possession. As the petitioner has not followed this procedure, I am not inclined to entertain this Writ Petition at this stage.
The Writ Petition is, accordingly, dismissed without adjudicating on merits and with liberty to the petitioner to cause notice to respondent Nos.3 and 4. In spite of such notice, if respondent Nos.3 and 4 still proceed with their alleged attempt to dispossess the petitioner from the land in question, he shall be free to avail appropriate remedy in accordance with law.
As a sequel, WPMP.No.43287 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 17th November, 2014
LUR