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 Writ, Order or direction more particularly one in the nature WRIT OF MANDAMUS declaring the action of the Respondent Nos. 5 and 8 in threatening to dispossess the petitioners from their respective extents of their shops/houses situated in Sy.No. 3 of Brahmanapalli (Ag), sth Ward, Madira Road of Somavaram, Wyra Mandal, Khamrnam District, Telangana, without issuing any notice whatsoever, as illegal, arbitrary and in violalion of A(icles 14, 21 and 300- A of Constitution of lndia also against the principles of natural justice and consequently directed the 2nd Respondent to regularize and to issue pattas in favour of the petitioners in terms of G.O Ms No. 972, dated 04.12.'1998 lA NO: 1 OF 2022 Petition under Section 151 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 not to interfere with the peaceful possession of the petitioners from their respective extents of their shops/houses situated in Sy.No. 3 of Brahmanapalli (Ag), Sth Ward, Madira Road of Somavaram, Wyra Mandal, Khammam District, Telangana, pending disposal of the writ petition lA NO: 2 OF 2022 Between:

1. The Superintendent of Engineer for Roads and Buildings, Khammam Circle

2. The Deputy Executive Engineer for Roads and Buildings, Sub-Division, Wyra, Office, Khammam District Khammam District. AND 1 Yaramala Hanuma Reddy Business, F/o. H.No. 5-2 Khammam, Telangana , S/o. Venkata Reddy, Aged about 7'1 years, Occ 16, Madhira X Road, Beside CPM Office, Wyra, ....PETITIONERS/RESPONDENTS

2. Mudhigonda Pullaiah, S/o Yaladri, Aged about.7.1 yea-rs Occ Business, Rl/o - H tlo. "s:iillA. ooo. Bus Stand, Madh-ira Road, Wyra, Khamman' Telangana 3. Mudhigondla V Khshna, S/o Koteswara. [ao' {ged about-3g years' ucc - eusinetl, Ryo H.No. 5-1 ig, Madhira Road, Wyra' Khammam, Telangana -. " ii.t'tol5-ii r7E, udat in noao, opp. Eus Stand, wvra, Khammam, Telangana +. Xeiuoafli' eullaiah. S/o Seshaiah, Aged about 66 years, Occ Business, R/o 5. Thotaou Saroiini. Wo Venkata Ramulu, Aged about 56 years' occ Housdwife, Ryd H.No. 11-109, Wyra, Khammam, Telangana -^ years, occ 6. Veruva Shmrajyan, W/o Saty-anaray.al-q' A9-9d about -76 - Hoir-sewite, nyo n.Ni,. S-ZOt, Main Road, Wyra, Kharnmam, Telangana 7. Mitta;ili Raqhavu Rao, slo Chinna Guravaiah, Aged about 58 years, Occ Busiriess, Ry5 n.No. 5-129-1, Madhira Road, Wyra, Khammam.'.Telangana^, 8. Aduri Radha, W/o Prem Prasad Aged about 38 years' occ Housewle' tvo - H.No. 7-35'l, shanthi Nagar, Wyra, Khammam, Telangana. 9. Vaiineoalli Laxmi Naravaha, S/o China Dargaiah, Aged about SSJears' ucc - Bubindss, Fi/o H.No. 5-i71 , Sundaraiah Nagar, Wyra, Khammam' lelangana 10. Kannegairti Nagendra, Wo Babu, Aged about 51 years' occ Housewle' K/o - H.flo. T2-66lA,Branmanapalle, Wyra' Khammam, Tela.ngana. -^ ' guline'sJ,"Fyo ft.flo. to-zo, Santha Bazar' Wyra,1(hammam, Telang-a.n-q ll.BonaNageswaraRao,SioChinnaBhadraiah,.Agedabout/royears,ucc 12.#;'Su;fif<ai, Slo .roji, Ageo about 35 yeais, occ Business, Rl'/o H'No' '12- 170, Brahmanapalli, Wyra, Khammam' I elangana- r s.thd'deodini Vdniaianira'sam.i, wlb ussdin, . Aged abou! 73 vears, occ - ffouiewiie, nyoH.No. 5-215' CPM Office, Wyra, Khammam, Telangana r+.Vlcni"flaiaiinrrri nao, 5lo Venkatesnwaru, Aged about 44 years, Occ Business, Fito H.No. 1-93/2, Wyra' Khammam,. I elangana 15.Shaik Sohdu Bee, W/o. Nagul Meera, Aged about 46 years' ucc HousewTe' - R/; H.N;. 5-201, Main Roa-d' wyra, Khammam District, Telangana' I I I i : ....RESPONDENTS/PETIT]ONERS 16.The State of Telangana, Rep [y its Principal Secretary' Revenue Department, Secretarial, Hyderabad, Telangana 17.ihe District Collector, Kharirmam, Khammam District' 18.The Joint Collector, Khammam, Khammam District- ig.fne nevenue Divisional officer, Wyra, Khammam District' 20.The Tahsildar, Wyra, Khammam District Ii.iii" Wrra fvfrnti6atiW, Rep bv its Commissioner, Wyra, Khammam District' 2Z.tne Oistrict Sports aid Youth Services, Rep. By its Secretary' Knammam District' ...RE.'.NDENT'/RESP.NDENTS Petition under section 151 CPC praying that in the circumstances stated in theaffidavitfiledinsupportofthepetition,theHighCourtmaybepleasedto vacate the interim order daled 171o112022 in lA.No. 1 0f 2022 in w.P.No. 2060 0f 2022 and dismiss the Writ Petition IAN Oi 3OF 2022 Between: 1 . The State of Telangana,. Rgp. [y its principat Secretary, Revenue Department, Secretariat, Hyderabad. T-elanoana. 2. The District Collector, Kharirmam, Khammafrr District. 3. The Joint Collector, Khammam, fnimmim Oistrict 4. The Revenue Divisional Officer, Wyra, Khammam District. 5. The Tahsild ar, Wyra, Khammarir District, ANO ....PET|T|ONERS/RESPONDENTS

1. Yaramala Hanuma Reddy, S/o. Venkata Reddy, Aged about 71 years, Occ Business, Rl/o. H.No. 5-216, Madhira X Road, Be"side CCM Ofil;, 'ivG, Khammam, Telanoana 2. Mudhigonda..PulaIah. s/o- Yaradri, Aged about 11 years occ Business, Rr/o ^ H..No. 5-21'tiA,Opp Bus Slqnd,_Madliira R",ad, WyrA, Kha;m;;,j;i;;g;";' 3. Mudhigondla V Krishna, S/o Koteswara nao, n'ged about 39 v"Jrsl-'Oi" Business, R|/o H.No.5-119, Madhira Road, Wyri, K"[h;am, T;tafi;; -* 4. Ke.supalli Pq!laig!',, S/o Qeshaiah, ngeA about tiO iei,s,-Otc er;ind.s, Ryo _ l.No 5-211|E, Madhira Road,.Opp. Bus Stand, Wyia, Knammam, i;ta;da; 5. T.hotapu._ Sqrptil, Wo Venkaid Ramulu, Age'd about SO years, "-Occ - Housewife, Ri,to H.No. 11-109, Wyra, KnamniamlTetangan, -- '-- -' u rs occ l3li,y.i"flsli'il1,ft yl8,'^iy,flffi l:0fi;*Afl"nl -lo,*r,:g "x:: 7. Mittapalti EqStgyV $9,_-S/9 ghinna Guraiaijn, Ased ;oort ss'y"Jrs, occ _ Business, R/o H.No. 5-129-1, Madhira Road, Wyia, Rfri..i., ferlnla,ra "" A 49qri Radha, Wo Prem prasad Aged about dg years, Occ Houseviife,-nyo ^ .H No 7-351, Shanthi Nagar, Wyra, i(hammam, feiangahi 'xitllJsl'-i:1T'-|:r{t?:b:{%f l[f, ,3f :g?i*tA'at",:x,:.#::';.9:. 10 Kanneganti Nag_endra, Wo Babu, Aged abtut 51'years, Oc" Horse*ifE, nyo _ . I No 12-66tA, Brahmanfl?alle-,.Wyral !<f,amrnam, ietargana 11.Borra Nage9w.a.r9 Rao, q/o-Chinira'Bhadraiah, nged Sbort 76 years, Occ _ Business, Fl/o H.No.'10-76, Santha Bazar, Wyra', Xn"a..".. f"f;"'q-;' -"" 12.Dara Sudhakar, S/o Joji, Aged about 35 yeais,'Occ Aus,nJss,-Ryo-H fio. r2- _ ^ 170., Brahmanapalli, Wyra, khammam, Teiangana 1 3. Vaddeboina Venkatanirasamma, W6 Ussain, Aged aboul Z3 years, Occ -fetr"6r"J' -"" 14 Vecha Narasimha Rao, Venkateshwaru,' Aged auout ?+ i"rir, O"" .S/o- - _ Qysine-ss, R/o H.No. 1-9Q{2, {y-rg, Khammam,'Teiangana 15 Shaik Sonrlu Bee, wo._Nagur-Meera, Aged about 45 years, occ Housewife, Ryo, H.No. 5-20't, Main Roai, Wyra, Khairmam District, ieri"g;a ---"""-' Housewife, Rl/o H.No. 5-21S, CpM ffice, Wyra, Xnimmam 16rh-eSuperintendentorEngineerror#5rttfl?t?Fji"t&Y5'J"f,t'*'to#F"*' Office, Khammam District - Khammam District. 1 7. The Deputy^Executive Engineer for Roads and Buildings, Sub_Division, Wyra, ]9 I1"," WVf Municipality, Rep by its Commissioner, Wyra, Khammam District 19 The District Sports and yoirth-SeMces, Rep. By its Secretary. Khammam District. (Respondents No. 16to19 are not necessary parties to this petition) ...RESPONDENTS/RESPONDENTS / Petition under section 1sl cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders passed in w.p.No.2060 of 2022, dated 17-01-2022. atn dismiss the writ petition with costs as devoid of merits, in the interest of justice Counsel for the Petitioner: SRl. MOHD ISLAMUDDTN ANSART Counsel for the Respondent Nos. ltos: Gp FOR REVENUE counsel for the Respondent Nos.6&7: Gp FoR ROADS AND BUTLDTNGS Counsel for the Respondent No.8: SRI N. PRAVEEN KUMAR, SC FOR MUNICIPALITY Counsel for the Respondent No.9: Gp FOR SPORTS The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASI{AR REDDY WRIT PETITION No.2O6O of 2022 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief "...to issue Writ Order or direction more particularly one rn the nature WRIT OF MANDAMUS declaring the action of respondent Nos.S and 8 in threatening to dispossess the petitioners from their respective extents of their shops/houses situated in Sy.No.3 of Brahmanapalli (Agl, Sth Ward Madira Road of Somavaram Wyra Mandal, Khammam District, Tela-ngana, without issuing any noticc whatsoever, as illegal, arbitrary, and in violation of Artlcles 14, 2l and 3OO-A of Constitution of India also against rhc principles of natural justice and consequently directed thc respondent No.2 to regr.rlarize and to issue patta's in favour of the petitioners in terms of G.O Ms.No.972, dated 04. I 2. I998 and to pass..."

2. Considered the submissions of the learnecl counsel for the respective parties.

3. It is stated that the petitioners belong to bclorv poverty lir-re o[ Scheduled Castes and Scheduled Trrbcs Category- It is also stated that they are in occupation o[ a small extent of land in Sy.No.3 of Brahmanapalli, 5rh rv:rrd, Madira Road of Somavaram, Wyra Mandal, Khammarm District and they are eking out their livelihoocl [y cloing small business. It is further stated that they have been paylng necessary taxes to the local authorities for running their business. It is stated that when the petitioners were forcefully displaced from the subject land, without following due process of law and without allotment of the house sites to them, they were constrained to occupy the Government land situated in Sy.Nos.l,2, 3, 4 and 2Il of Brahmanapalli Village of Madhira Taluk for eking out their livelihood and they are entitled for regularization of the lands in their occupation under the various G.Os., issued by the Government from time to time.

4. karned counsel for the petitioners contended that since the petitioners' families are below poverty line, a duty is cast upon the State to extend necessary benefits under the various schemes being introduced by the Government as a policy measure. However, instead of petttioners' case being considered for regularization of the plots in their occupation, the respondents are making efforts to dispossess them, without following due process of law. \

5. Since it is the specific grievance of the petitioners that without following due process of law, the respondents are making efforts to dispossess them from the subject land, this Court, without expressing any opinion on the merits of the case, permit the petitioners to make applications seeking for regularization of plots in their occupation in terms of various G.Os., issued by the Government, if the petitioners have fulfifled all the requirements of the G.Os. In case the petitioners have not satisfied the requirements of regularization and if the land in possessi.n of the petitioners has been identified and allotted for public interest, the respondents are directed to consider the case of the petitioners under the various schemes introduced either for allotment of houses or house sites to live a peacerul life eking out their liverihood. It is made clear that if the petitioners are found in possession of the subject land, the respondents shall folrow the due process of larv

6. With the above observations/directions, petition is disposed of. No costs. the writ i t I I i I I I To, As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/.T.TIRUMALA OEVI DEPUTY REGISTRAR /TTRUE COPY// SECTION OFFICER

7. 2 3 4 5 6

1. The Principal Secretary, Revenue Department' Secretariat' Hyderabad' Telanoana. iill'oYJi,iii c"tlector, Khammam, Khammam.District' rne Joint Collector, Khammam, Khammam lJlstnct- . -o-lui.ionai omcer, Wyra, Khammam District' iiiE nljr""',i,, The Tahsildar, Wyra, Khammam ulstnct' +# b;#;td;d6nt' oi eng.,#irJ6li i{o'aos and Build ings, Khamma m ci rcle office. khammam District Yrl""6'.;;ijil'#;uiiv6"iligineer tor Roads and Buirdinss, Sub-Division, wvra, Khammam District. +ffi s:s:u"i.,",iys"xs:f fi[Yi'*J&'$.:?ffi #,?ilI[i*,," on'. t"i'6'-i'ii' rrr'oi oi6unutuoot N AN saRt, Ad.,o.cate [o PUC] - - ^ . 6[ ;E iI s-ni. il. cnav-dei,i'kuunii, 5Q roq MUNrcrPALrrY_[oPUCl YJ'i" 66i"t"-'dp Fon nevErlrjE"lr-riiin court for the state of relansana at Hvderabad [OUT] 13.Two CCs to GP FoR RoADS AND BUILDINGS, High Court for the State of 14 Two CCs to GP Fb'i3d6Fi's, nign Court for the State of relangana' at Telangana, at HYderabad [OUTI

8. 9. 10 11 12 HYderabad [OUT]

15. Two CD CoPies t..t Mr/Y B M/BSK HIGH COURT DATED:12 10312025 ORDER WP.No.2060 of 2022 I t I ! I I I I l i I I i I I ! I \ ,\ .- -:-.:--:a: .11" lttc- itli , a)\' t t'^\ ,) 2 I JUt 1025 ,t D.: sParcH eO * DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 b I