The High Court · 2025

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 Writ of mandamus declaring the action of the respondents and their subordinates in trying to interfere with peaceful possession and enjoyment of the petitioners over the land viz., (i) open plots bearing nos.60/P and 61/P, total admeasuring '167 sq. yards, (ii) open plots bearing nos.73lP and 69/P, total admeasuring 153 sq. yards, and (iii) open plots bearing no.63/P and 69/P, total admeasuring 153 sq. yards, in an approved layout of Ramaneeya Enclave Phase-ll, in sy.nos.327lA and 327lAA, situated at Chitkul Village, Patancheru lvlandal, Sangareddy District, without following due procedure contemplated under law, as illegal, arbitrary, unjust, unconstitutiona l, violatrve of principles of natural justice and also in violation of Articles 14,21 and 300-A of the Constitution of lndia, and consequently direct the respondents not to interfere with possession and enjoyment of the petrtioners over the subject land without following the procedure contempla(ed under law. lA NO: 1 OF 2020 Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents and their subordinates not to interfere with peaceful possession and enjoyment of the petitioners over the land vrz., (i) open plots bearing nos.60/P and 61/P. total admeasuring 167 sq. yards, (ii) open plots bearing nos.73lP and 69/P, .tolal admeasuring 153 sq. yards, and (iii) open plots bearing no.63/P and 69/P, total admeasuring 153 sq. yards, in an approved layout of Ramaneeya Enclave Phase-ll, in sy.nos.327lA and 327lAA, situated at Chitkul Village, Patancheru Mandal, Sangareddy District, without following the procedure contemplated under law, pending disposal of the writ petition. Coupsel for the Petitioners: SRI MOHD. MOIN AHMED QUADRI Counsel for the Respondents No.1 to 3: GP FOR REVENUE Counsel for the Respondent No.4: GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent No.S: SRI B. SANTOSH, S.C. FOR GRAM PANCHAYAT The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.1231 OF 2O2O ORDER: This Writ Petition is liled under Article 226 of tt:,e Constitution of India, seeking the following relief: ".....to issue rt wit, order or direction more particularlg one in the nature of uit of mandamus declarirug the action of the respondent and their subordinates in trying to interfere with the peaceful possession and enjogment of the petitioners ouer the lond uiz, (i) open plots bearing Nos.6O/ P and 61/P, total admeasuring 167 Sq. gards, (ii) . open plots beaing Nos.73/P & 69/P total a"dmeasuring 153 sq. gards, and (iii) open plots bearing Nos63/ P and 69/ P, totol qdmeasuing 153 Sq. gards, in an approued lagout of Ramaneega Enclaue Phase-II, in Sg.Nos.327/A and 327/AA, situated at Chitkul uillage, Patancheru Mandal, Sangareddg District, uithout following due procedure contemplated under law, as illegal, arbitrary, unjust, unconstitutiona| uiolatiue of pinciples of natural justice and also in uiolation of Articles 14, 21 and 30O- !- A of the Constitrttion of India, and consequentlg direct the respondents not to interfere with the possession and enjoyment of the petitioners ouer the subject land u.tithout following the procedure contemplated under lana, to pass such other order or order.. .".

2. Heard Sri Mohd.Moin Ahmed Quadri, learned counsel for the petitioners and learned Government Pleader appearing for Revenue appearing for the respondent Nos. 1 to 3 and the learned Government Pleader for Panchayath Raj appearing for respondent Nos.4 and 5. Perused the material available on record.

3. Learned counsel lor the petitioners submits that petitioners are the lawful owners and possessors of open plots in the approved layout of Rarnaneeya Enclave Phase-ll, situated in Sy.Nos.327 /A and 327 IAA of Chitkul village, Patancheru Mandal, Sangareddy District. Petitioner No.1 owns Plot Nos. 60/P and 61/P admeasuring 167 sq. yards (Sale Deed No. 31919 l2ol9); Petitioner No.2 owns Plot Nos. 73/P and 69/P admeasuring 153 sq. yards (Sate Deed No. 3l9l8l2}l9); urrd Petitioner No.3 owns Plot Nos. 63/P and 69/P admeasuring 153 sq. yards (Sale Deed No. 3281112019), all registered on 18.07.2019 in the office of Joint Sub-Registrar, Sangareddy. It is further submitted that the land originally belonged to one Koravoni Narayana, whose narne was mutated in the revenue records. After his demise, his legal heirs sold the land through Sale Deed Nos. 4O7 and 408 of 2Ol2 to the petitioners'vendors, who later conveyed it to the petitioners. Since then, the petitioners are in lau{ul possession and enjoyment said plots. However, without issuing any notice and without following due process of law, Respondent No.3 removed their fencing and dispossessed them from the subject lands. Aggrieved thereby, the petitioners have liled the present Writ Petition.

4. Sri B. Saltosh, learned Government Pleader for respondent No.5 Gram Panchayat submits that respondent No.S-Gram Panchayat is no longer in existence, as it has been merged into respondent No.4 (Tellapur Municipality). Therefore, no illegal action can be attributed to respondent No.5 at this point in time as the alleged incident has taken place prior to the merger of respondent No.S-Grampanchath in respondent No.4.

5. Learned Additional Government Pleader submits that the question of not lollowing the procedure contemplated under law does not arise, as no such action has been taken by the respondents. He, therefore, sought for dismissed of the present writ petition.

6. A perusal ol the record discloses that while admitting the writ petition, vide order dated 21.O1.2O2O in I.A. No. 01 of 2021, this Court directed the respondents not to dispossess or interfere in any marner with the peaceful possession and enjo-vment of the petitioners over the subject property. Therefore, taking into consideration the submissions made bv learned counsel for the respective parties, this Court of the considered opinion that the respondents have not taken any action against the subject lands of the petitioners without following due process of law. However, this Court deems it appropriate to direct the respondents not to take any coercive steps against the subject lands of the petitioners without following the due process of law.

7. With the above direction, the Writ Petition is disposed of. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. ,TRUE COPY// Sd/.P.PUNNA KRISHNA ASSISTANT RBGISTRAR ,/(4L SECTION OFFICER The Principal Secretary, Revenue Department, State of Telangana, Secretariat, Hyderabad. The District Collector, Sangareddy Distrrct, at Sangared'dy. The Tahsildar, Patancheru Mandal, Sangareddy District. The District Panchayat Officer, Sangareddy District, at Sangareddy. The Panchayat Secretary, [ruthangi Gram Panchayat, Patancheru Mandal, Sangareddy District. One CC to SRI MOHD MOIN AHMED OUADRI, Advocate [OPUC] Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] One CC to SRI B. SANTOSH, S.C. for Gram Panchayat [OPUC] Two CD Copies 1 2 3 I 5 t) 7 8 I To P MP SA I HIGH COURT DATED:1 310812025 {HE S Tl .U 2 B JAr,t 2026 't, -) C, (, t ORDER WP.No.'t 231 of 2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I I I L'---' \ .)'