The High Court · 2025

the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to dispossess/interfere with the rights of petitioner in respect of his house plot adm. 484 sq. yards (Ac.0-04 guntas) sq. yards forming part of Sy. No.860/D situilted at Nennel village and gram panchayat, Mancherial District without followirlg due procedure pending disposal of the above writ petition in the interest of justi,:e. counsel for the Petitioner: SRI A. PRANEETH, REPRESENTING SRI P. LAKSHMA REDDY Counselfor th,: Respondents No.1 to 4: AGp FOR REVENUE counsel for thrr Respondent Nos.S & 6: sRt K. PRADEEP REDDY, S.C. FOR GRAM PANCHAYAT The Court made the following: ORDER I THE HON'BLE SRI JUSTICE LA>(MI NARAYANA ALISHETTY WRIT PETITION No.224 of 2or23 ORDER: This writ petition is filed to declare the action of respondent Nos.4 and 5 in seeking to dispossess the petitioner from his house plot admeasuring 484 square yards (Ac.0.04 guntas) forming part of sy.No.860/D, situated at Nennel village and Gram panchayat, 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 violation of Articles 14, 2L and 3O0 A of the Constitution of India. 2- Heard Sri A.Praneeth, learned counsel representing Sri p.Lakshma Reddy, learned counsel on record for the petitioner, learned Assistant Government Pleader for Revenue and Sri K.pradeep Reddy, Iearned Standing Counsel for respondent Nos.S and 6.

3. Learned Counsel for the petitioner would submit that the petitioner is the absolute owner and possessor of the house Plot admeasuring 4g4 square yards (Ac.0.o4 guntas) forming part of sy.No.g6o/D, situated at Nennel Village and Gram Panchayat, Mancherial District (for short 'subject plot), having purchased the same through registered sale deed vide Document No.4134/2017 dated 15.05.2017 from its original owner; and the petitioner's name was mutated in the revenue records vide Fqoceedings No.MN lNE,l56/2oLZ-21, dated 2l.o6.2oLT and. E-paftedar \\ ./ 2 Pass book c:um title deeds were also issued to the petitioner. He further submits that the petitioner made application before the 4th respondent for conversion of the subject plot from agricultural to non-agricultural purpose; and that the 4ft respondent after due verification of records, accorded pr:rmission for conversion of subject plot from agricultural to non-agricult-urai vide Proceedings No.21O113966, dated 16.12.2021. Thereafter, the petitioner made online application dated 11.08.2022 seeking pernission for construction of residential building in the subject plot, howevor, the said application neither approved nor rejected.

4. Learned counsel for the petitioner would submit that as per Section 114(3) of The Telangana Panchayat Raj Act, 2018, if the Gram Panchayat does not teLke a decision on the application within fifteen days, it is deemed to tre approved if all valid documents are submitted. to the Gram Panchayat :oncerned, in the manner prescribed; and that in view of deemed app,roval, the petitioner commenced construction and completed the same.

5. Learned counsel for the petitioner would submit that when an objection u'ith regard to the said construction was raised, the sth respondent sought clarification from the 4ft respondent vide letter dated

22.02.2022; and that the 4th respondent after conducting thorough enquiry addressed letter dated 24.02.2A22 to the Sth respondent stating that the sut5'ect plot in Survey No.860 is a private patta land and that the \ \ l 1 ( 3 same does not form part of ceiling land or laoni patta or Government land.

6. Learned Counsel for petitioner would submit that while the matter stood thus, the officials of respondent Nos.4 and 5 on a complaint purported to have been given by the villagers came to the petitioner'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.

7. Learned Counsel for the petitioner would further submit that right to properW is a constitutional right protected under Article 3OO-A of the Constitution of India; that the petitioner is the owner and possessor of the subject plot having purchased the same through registered sale deed; 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 24.02.2022 addressed by the 4ttr 1 \ respondent by which it is clear that the subject plgt 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.

8. Learned Assistant Government Pleader for Revenue and learned 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 part of the Government land or the subject construction found to be raised without any permission. ,/ \ \ 4

9. ConsiCering the submissions made by the learned counsel for the petitioner ars well as learned Assistant Government Pleader for Revenue and learnel Standing Counsel for respondent Nos.S and 6, the respondent Nos.4 and 5 are directed not to interfere with the possession of the petitioner over the subject plot, except in accordance with Iaw. However, if it is found that the construction raised by the petitioner on the subject plot is illegal or unauthorized, the respondents are not precluded lrom taking action by duly following the procedure contemplaterl under law. 1o. Accorcingly, with the above observation, the writ petition disposed of. 'Ihere shall be no order as to costs. 1S As a sr:quel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. /TRUE COPY// To 1 The Prin:ipal Secretary to Govt., Revenue Secretariat, Hyderabad, T.S. SD/. ED ABDU T ISTRAR SECTION OFFICER State of Telangana,

2. The Collector, fi/ancherial District, Mancherial. 3. The Revenue Divisional Officer, Bellampally, [t/lancherial District. 4. The Tahersildar, Nennel mandal, Mancherial District. 5. The Man jal Panchayat Officer, Nennel, [\Iancherial District. 6. The Exe:utive Officer the Panchayat Secretary, Nennel Gram Panchayat, Nennel, l/ancherial District.

7. One CC lo SRI P. LAKSHMA REDDY, Advocate IOPUC] 8. Two CCr; to GP for Revenue, High Court for the State of Telangana at Hyderabtrd. [OUT]

9. One CC lo SRI K. PRADEEP REDDY, S.C. for Gram Panchayat [OPUC] 10.Two CD (lopies Yk MP i ! It I \ \ HIGH COURT DATED:2410912025 c ) .) I ''. -rY [ ] rr3 ?flifi * ORDER WP.No.224 ot 2O23 DISPOSING OF THE WRIT PETITION WITHOUT COSTS i I I \", .oP(d &$