LAWS(TLNG)-2023-3-52

VALUVAI VENKATAIAH Vs. STATE OF TELANGANA

Decided On March 23, 2023
Valuvai Venkataiah Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) Heard Sri B.Mahender Reddy, learned counsel for the petitioner, learned Asst.Govt.Pleader for Assignment appearing for respondent Nos.1 to 3 and Sri M.Damodar Reddy, learned counsel for 4th respondent. Perused the record.

(2.) This Writ Petition is filed to quash the order dtd. 19/3/2022 passed in Case No.Rev.E10LALE/1/2021-Esec/2463/2021 by 2nd respondent.

(3.) The petitioner belong to Scheduled Tribe. His father was in possession and enjoyment of the land admeasuring Ac.5.05guntas in Sy.No.329 of Konganagula Village, Balmur Mandal, Nagarkurnool District since long time. Pursuant to the partition, the then Tahsildar vide proceedings No.A/165/2008, dtd. 4/3/2008 mutated the name of the petitioner after following the due procedure. The name of the petitioner is continuing in the revenue records including form-I-B. Pattadar passbooks both old and latest were issued in favour of the petitioner. He is in possession and enjoyment of the subject land for the last 14 years. He is cultivating the land by raising various crops. Due to party and faction rivalry, 4th respondent filed a writ petition vide W.P.No.15823 of 2021 to declare the action of official respondents therein in issuing Dharani Pass Book based on the alleged assignment of Government land in Sy.No.329 admeasuring Ac.5.05gunts, at Kondanagula Village and not preventing the petitioner herein from illegally cutting the tamarind trees and cultivating the said land as illegal and requested to conduct enquiry on his complaint and cancel the alleged assignment and Dharani Pass Book. This Court vide interim order dtd. 14/7/2021 directed the petitioner herein not to cut down the grown up tamarind trees, if they are existing and if they are not already cut. The said writ petition is pending and said interim order is still subsisting.