High Court · 2025

2. Smt.. Heena Kausar, W/o Abdul Azeem Age 38 years, occ House wife Ryo H.No.4-10-132, lslampura Kamareddy Nizamabad District

3. Kalek Pasha, S/o Late Khaja Meya age 38 fears, occ Bussiness, R/o H.No.2- 68, lvlakloor lvlandal, Nizamabad Distrct ...PETITIONERS ANO 1 The State of Telangana, Rep by its Principal Secretary, Revenue Department Secretariat Hyderabad. 2 3 4 The Districl Collector, Nizamabad District The Thasildhar, Makloor Mandal village, Nizamabad The lVlandal Surveyor, Mandal Revenue office Makloor, Nizamabad District -+ ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit fjled therewith, the High Cou( may be pleased to rssue Writ Order or Direction more in the nature of action with the peaceful possession and enjoyment of the open Plot an admeasuring 200 Sy Writ of ft/andamus declaring the action of the Respondents No.3 and 4 in rnterfering Yards each total 400 Sq.yards of the petitioner No.1 and 2 and petitioner No 3 and an extent of 0.09 Guntas in sy.No.59/P112 and extent of 0.04 guntas and sy No.59/P'l /6 an extent of 0.05 guntas situated at tvlanikbandar village shivar, l\/akloor [/andal, Nizambad District without following due process of Law is nothing but arbitrary illegal null and void and violative of principles of natural justice and also violative of A(icles 14, 19,21 and 30OA of the Constitution of lndia Consequently direct the respondent No 3 and 4 authority not to dispossess and not interfere in any manner open Plot an admeasuring 200 Sy Yards each total 400 Sq.yards of the petitioner No.1 and 2 and petitioner No.3 land an extent of 0.09 Guntas in sy.No.59iP1i2 and extent of 0.04 guntas and sy.No.59/P116 an extent of 0-05 guntas situated at Manikbandar village shivar, Makloor Mandal, Nizambad District. Counsel for the Petitioner: SRI G.RAJESHWAR RAO Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER I j I I . HON'BLE SRI JUSTICE C.V. BIIASHAR REDDY TRIT PETI TIoN No.1416 of2O25 ORDER This Writ Petition is frled under Article 226 of t}le Constitution of India for the following relief: " ..to issue writ or order or direction more particularlg in the nature of Wit of Mandamus declaing the action of tle Respondents No'3 and 4 in interfeing with the peacefut possession and enjogment of the opn plot odmeasuring 2OO sq. gard-s each total 4OO S gards of tLE petitioner No l & 2 and- petitioner No.3 land an ertent of 0.O9 Guntas in sy'JVo 59/P1/2 ond. extent oJ O.O4 gunto.s and sg.No.59/p1/6 an ertefi of O 05 guntas situated at Manikband.ar village shiuar, Makloor Mandal, Nizambod District uithout fotlowing due process of I'aut is nothing but arbitrary itlegal nult and uoid" and uiolatiue of pinciples of nafitral justice and also uiolatiue of Articles 14, 19, 21 and 3OOA of the Constitution of India' Consequentlg d.irect the respondent No'3 and 4 atthoitg not to dispossess and not Lnterkre in any manner open Plot odmeasuring 2OO Sg Yards eoch totot 4OO Sq. gards of the petitioner No.l and 2 and petitioner No'3 land an ertent of 0.O9 Guntos in sA.No.59/P1/2 and ertent of O.O4 gantas and sa.No.S9/pl/6 aft ertent of O.O5 guntas sihtated at Manikbandar uillage shiuar, Makloor Manda\ Nizambad Distict and to pass-." 2- Considered the submissions of the learned counsel for the respective parties and \vith their consent this writ Petition is disposed of at the admission stage.

3. It is stated that the petitioners' father late Khaja Meya was the original owner and possessor of land to an extent of Ac'l'O2 '/z gts., in Sy.No.59, situated at Manik Bhandar Village, Makloor 2 CVB& J wp_r416 2025 Maldal, Nizamabad District and gifted an extent of Ac.O.O9 gts., to petitioner No.3, who in turn executed gift settlement deed in favour of petitioner Nos.l and 2 Lo an extent of 2OO. Sq. yards each, situated in Manik Bhandar Village, Makloor Mandal, Nizamabad District and the said land is recorded as abadi in all records and the same is in their occupation- The case of the petitioners is that the respondents, without issuing any notice ald without conducting zrny survey, disputing that the land in occupation of the petitioners is the government land, are interfering w.ith their possession and causing inconvenience for enjoyment of the subject property.

4. Learned Assistant Ciovcrnmcnt Pleader for Revenue appearing for the respondents has submitted that unless survey is conducted over the subject lands ol the petitioners, the extent in encroachment cannot be idcntilied-

5. In view of the above su bmissions and since it is stated tiat the survey of the subject lands is required to be conducted before initiating any action against the petitioners, this Court deems it appropriate to dispose of the r.r'rit pctitron directing the respondents to conduct survey over the subject lands of the petitioners, by issuing notice to the petitioners and all other stake holders and 3 CVBR, J Wp_1416_2025 after identification and localization of the said lands which are in possession of the petitioners, if there is any claim of the Government over the subject property, the respondents are directed to follow the due process of law.

6. The Writ Petition is accordingly disposed of. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. I I I I ! I I t I 1 I i I t //TRUE COPY// SD/. K.SREERAMA MURTHY ASSISTANT REGISTRAR SECTI OFFICER To, '1 . The Principal Secretary, Revenue Department Secretariat Hyderabad, State of Telangana.

2. The District Collector. Nizamabad District 3. The Thasildhar, [\,4akloor IVlandal village, Nizamabad 4. The Mandal Surveyor, tt4andal Revenue Office Makloor, Nizamabad District 5. One CC to SRI G RAJESHWAR RAO, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT] BSR GJP

7. Two CD Copies (u- HIGH COURT DATED: 2010112025 T ORDER, WP.No.1416 ot 2025 tl1(L sf- 1e ,c ( o^ \ ,. -) I 17 J|JN 2025 : I -t' Ds,s D,..T C r,lf-0 DTSPOSING OF THE WRIT PETITION, WITHOUT COSTS (l- >s