JABRI GHOUSE Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition is filed seeking a Writ of Mandamus to declare the action of the respondents in issuing G.O.Ms.No.2 dtd. 18/1/2022 without following the land acquisition proceedings in Survey No.42 to an extent of Acs.3.00 gts out of Acs.5.00 gts situated at Naspur Village and Mandal, Mancherial District, as illegal, arbitrary, unjust, unreasonable and opposed to all canons of justice besides being violative of Fundamental and Constitutional Rights guaranteed under Articles 14, 19, 21 and 300-A of the Constitution of India.

(2.) Through the impugned G.O., the Government ordered for alienation of Government land to an extent of Acs.5.00 situated in Survey No.42 of Naspur Village and Mandal in favour of Judicial Department for construction of Court Complex at Mancherial District.

(3.) The case of the petitioner is that his father was the owner of the land admeasuring Acs.3.00 situated in Survey No.42/22 of Naspur Village and Mandal, Mancherial District, having acquired the same from Revenue Department vide Final Assignment Patta in Rc.No.A4/2612/61 dtd. 14/6/1961 under G.O.Ms.No.1406 dtd. 25/7/1958 read with G.O.Ms.No.1724 dtd. 26/3/1959. The petitioner claims to have succeeded to the said extent of land from his father after his demise. The petitioner also claims to have been cultivating the said land and also constructed a house in part of the land and living in the said house with his family. It is also stated by the petitioner that when the fourth respondent herein tried to interfere with the possession of the petitioner over the said extent of Acs.3.00 gts, petitioner approached this Court and filed W.P.No.13593 of 2021 and the said Writ Petition is pending consideration before this Court. According to the petitioner, the impugned G.O. came to be issued allocating an extent of Acs.5.00 gts in favour of the Judicial Department for construction of Court Complex during the pendency of the said W.P.No.13593 of 2021 and without following the land acquisition process.