Hameed tulohamad Abdhul' v. l.TheStateofTelangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue a writ, order or direction' more particularly one in the nature of WR|ToFMANDAMUSdeclaringtheactionoftherespondents,moreparticulady the respondent nos.4 and 5, in seeking to dispossess the petitioner from his house plot adm. 484 sq. yards (Ac'0-04 guntas) sq' yards forming part of Sy' No'860/B situated at Nennel village and gram panchayat' Mancherial District without any issuing notice or opportunity and without following due process of law as being illegal, arbitrary' unconstitutional' in violation of principles of natural iustice and in violationofArticles14'2land30oAoftheconstitutionoflndiaandconsequently direct the respondents not to dispossess/interfere with the rights of petitioner in respect of hris above said house. NO Petitron under section 151 cpc praying that in the circumstances stated in the affidavir. filed in support of the petition, the High court may be pleased to direct the respondents hot to dispossess/interfere with the rights of petationer in respect of his housr: plot adm. 484 sq. yards (Ac.0-04 guntas) sq. yards forming part of Sy. No.860/B :;ituated at Nennel village and gram panchayat, Mancherial District without folftrwing due procedure pending disposal oi the above writ petition in the interest of justice. Counsel for the Petitioner: SRI A. PRANEETH, REPRESENTING SRI P. LAKSHMA REDDY Counsel forthe Respondent Nos.1 to 4: Gp FOR REVENUE Counsel for the Respondent Nos.S and 6: SRt K. PRADEEP REDDY, SC The Court made the foltowing: ORDER TIIEHoN,BLEsRIJt,sTIcELN(MINARAYaNAALISHEfTY ORDER: This writ petition is filed to declare the action of respondent Nos'4 and5inseekingtodispossessthepetitionerfromhishousePlot admeasuring 4g4 Square yards (Ac.o.04 guntas) forming part of Sy.No.S6olB,situatedatNennelVillageandGramPanchayat,Mancherial District, without issuing any notice and without following due process of law, as illegal, arbitrary, in violation of principles of natural justice and in violationofArticles14,2|and,3ooAoftheConstitutionoflndia.

2.HeardSriA.Praneeth,learnedcounselrepresentingSriP.Lakshma Red'dy, learned counsel on record for the petitioner, learned Assistant GovernmentPleaderforRevenueandSriK.PradeepReddy,learned Standing Counsel for respondent Nos'S and 6'

3. Learned counsel for the petitioner would submit that the petitioner istheabsoluteownerandpossessorofthehousePlotadmeasuring484 Sq\rareyards(Ac.o.o4guntas)formingpartofSy.No.86olB,situatedat .Panchayat, Mancherial District (for short Nennel Village and Gram .srrbject plot), having purchased the same through registered sale deed vide Documen tNo.422tl2OL7 dated 15'05'2017 from its original owner; andthepetitioner,snamewasmutatedintherevenuerecordsvide proceedingsNo.MN/NE/5612o|7-2|'dated21.06.20|7andE-Pattedar Pass book cum title deeds were also issued to the petitioner' {e fufler ) 2 submits th'at the petitioner made application before the 4tr,respondent for conversion of the subject plot from agricultural to non_agricurtural purpose; a'nd that the 4trr respondent after due verification of records, accorded Srermission for conversion of subject plot from agricurtural to non-agricurturar vide proceedings No.2101 134g2g, dated 16.L2.202t. Thereafter, the petitioner made online apprication dated 22.oL.2022 seeki,g pe.mission for construction of residentiai building in the subject plot' however, the said application neither appro'ed nor rejected. 4' Learrred counsel for the petitioner rvourd submit that as per section I 14(3) of T'e 'Ibrangana panchayat Raj Act, 201g, if the Gram panchayat does not krke a decision on the apprication within fifteen days, it is deemed to lrc approved if alr valid documents are submitted to the Gram Panchayat :oncerned, in the manner prescribed; and that in view of deemed app'rovar, the petitioner commenced co,struction and completed the same. 5' Learnr:d counser for the pedtio'er would submit that when an objection with regard to the said construction was raised, the sth respondent sought clarification from the 4dr respondent vide retter dated 22'02'2o22; and that the 4th respondent after conducting thorough enquiry add.essed letter dated 24.02.2022 to the Sth respondent stating that the sub,ect plot in survey No.g60/B is a private patta land and that the same dot:s not form part of ceiling land or laoni patta or Government Iand. \ \ i\ 3 Learned counsel for petitioner would submit that while the matter 6. stood thus, the officials of respondent Nos'4 and 5 on a corriPlaint, purported to have been given by the villagers came to the 'petitionei's subject plot and directed the petitioner to vacate the said plot' without any notice and without following due process of law' Aggrieved by the same, present writ petition is filed' Learned, counsel for the petitioner would further submit that right 7. to property is a constitutional right protected under Article 300-A of the constitution of India; that the petitioner is the owner and possessor of the subjectplothavingpurchasedthesamethroughregisteredsaledeed;and that the respondents without issuing any notice and without following due process of law are interfering with the possession of the petitioner over the subject plot despite letter dated 24'o2'2O22 addressed by the 4fr respondent by which it is clear that the subject plot is a private patta land and does not form part of ceiling land or laoni patta or Government land' Therefore, prayed to allow the writ petition' ;'1 Learned Assistant Government Pleader for Revenue and learned' g. Standing counsel for respondent Nos.S and 6 would submit that the respondents will follow due process of law in case the subject plot forms partoftheGovernmentlandorthesubjectconstructionfoundtobe raised without any Permlsslon' :' \ \ 4 1 9' considering the submissions made by the rearned counser for the petitioner ets well as learned Assistant Government pleader for Revenue and learnt:d standing counsel for respondent Nos.S and 6, the respondent Nos'4 and 5 are directed not to interfere with the possession of the petilioner over the subject plot, except in accordance with law. However' if it is found that the construction raised by the petitioner on the subjecr. plot is ,regal or unauthorized, the respondents are not precluded from taking action by duly forowing the procedure contemplatr:fl qn61er law. 10' Accor'Iingly, with the above observation, the writ disposed of. There shall be no order as to costs. petition is As a s;equel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. //TRUE COPY// SD/. K.BHAVANI SWAMY ASSISTANT REGISTRAR6 SECTION OFFICER The Principal secretary, Revenue Department, secretariat, Hyderabad, The State of Telangana, T.S. The Collector, Mancherial District, Mancherial. The Revenue Divisional officer, Bellampaily, Mancheriat District. The Tahasildar, Nennel mandal, Mancherial District. The Marrdal Panchayat Officer, Nennet, Mancherial District. The Executive officer the Panchayat Secretary, The Nennel Gram Pancha1,s1, Nennel, Mancherial District. One CC to Sri P. Lakshma Reddy, Advocate tOpUCI Two ccs to GP for Revenue, Hijh court for t6e statri of relangana, at Hyderabad [OUT] One CC to Sri K. Pradeep Reddy, SC IOPUC] Two CD Copies To, I 1 2 3 4 5 6

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9. 10 TJ TKS ,9Y HIGH COIJRT DATED:2,410912025 o t-li WP.No.1l|4 ot 2023 .) JAt'| MM .'.,'\r -i ()ol * DISPOSING OF THE WRIT PETITION WITHOUT COSTS o 6 V 1k .d\' a.8