The High Court · 2025

g. Smt.P.Navneeta, W/o Chandrasekhar Aged about 38 years, pcc. Household Fl/o Plot no.13

10.Smt.Kamsamma, W/o Ramulu Aged about 58 years, Occ. Household Plot No. 71 All Plots in sy.no. 261,262,263,264,251,266) All R/o Kulabgur village, Sangareddy Mandal and district. .....PETITIONERS AND

1. State of Telangana, Rep. by Principal Secretary for Revenue Secredariat, Hyderabad

2.TheDistrictCollector,SangareddydistrictatSangareddy. 3. The Revenue DivisionalOfficer, Sangareddy division At Sangareddy, Sangareddy District.

4. The Tahsildar, Sangareddy Mandal, District Sangareddy. RESPONDENTS 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 of WRIT OF MANDAMUS declaring the actions of the Respondents in high handedly dispossessinlS and dernolishing structures raised by petitioners in their assigned nousing plot:i no-313,273,234, 100, 103,25,21,46',13 and 71, measuring 80 sq.yds. each reSpectively in sy.no.261,262,263,264,251, and 266 of Kulabgur village, Manclal and District. Sangareddy district as arbitrary, illegally and against the principle:; of natural justice and consequently direct the Respondents not to dispossess the petitioners from their respective plots without due process of law. !.A.NO:1 OF 2021 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit fited in support of the petition, the High Court may be pleased to direct the Flespondents not to dispossess or demolish the structures of the petitioners in their assigned housing plots no.313, 273, 234, 100, 103, 25 ,21, 46, 13 and 71 nreasuring 80 sq yds. each respectively in sy.no.261,262,263,264, 251, and 26() of Kulabgur village, Mandal and District. Sangareddy District. Counsel for the Petitioners : SRI VIJAY KUMAR HEROOR Counsel for the Respondents : SRI H.RAKESH KUMAR, AGP FOR REVENUE The Court made the following ORDER OTI,TflT THE HOIT'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITIOII No.2068 of 2O21 This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "....to issue wit, order or direction nwre partianlarly one in the nafire of WRIT OF IUIANDAilfiIJS dedaring tl@ actions of the Respndents in Wh handedly dispossessing and demolishing strudqres raised bg petitioners in their assigned lwusing plot /Vos.3IS, 273, 234, 70O, 1O3, 25, 27, 46, 13 and 71 m.easurtng 8O sq yards each respectiuelg in sg.nos.2,67, 262, 263, 264, 251 and 266 of Kulabgur uillage, Mandal and'Distric:t Sangareddy d.istrict as arbitrarU, ittegal hnd against tle principles of nafiral justicc and a nseqrrcittlg direct the Respond.ents ruot to drbpossess tle ptittoners fumtleir respectiue plots without due proess of law and pleased to pass...."

2. The brief facts of the case are that the petitioners herein are the landless poor, engaged as labourers and in odd jobs. The petitioners along with other landless poor persons hailing from minority communit5/, SCs, BCs etc., approached the Government for the allotment of housing plots for shelter. Respondent No.3 conducted a 4etailed enquiry in his file No.c/66 4 /2oO2. After an eloborate after considering their genuine cl4ir4, enqulry and *'-- -/ ---r, \ \ : t I ! j I ! t 3It T I t I I I t I ! Page? of7 respondent No.3 had issued proceedings uide B/gg3l2oog. In accord€ulce with the said proceedings, Respondent No.4 issued housing patta certificates to the petitioners utde proceeclings No.c/66 4l2oo2, dated og.o4.2oto. Respond.rri No.4 also issued similar house site certificates in the s€une file to several landress poor persons. All the beneficj.aries were given possession of housing plots and they have br:en in possession and enjo5rment of their respective plots. Ivlost of tlle assignees have constructed houses, small sheds, r:emporary stmctrrres, tin shed rooms etc.

3. o:n 18. Ll.2o2o the ofliciar respondents visited the plots and threatened to dispossess the petitioners on the premise that either they had not completed t]le construction of pucca houses on the assigned plots or that the constructed houses were wjthout valid perrrrissions. The petitioners along with other plot owners, have pleaded t]le authorities that not to take such coercive steps against them, since they are landless poor persons a,d after detaited enquiry, the housin6J plots were allotted to them they have been in possession and enjoyment of t] e same for the last 15 years. '-n*t' =\ v//'" t L a t I Page 3 of7 On the representations made, the matter was raised before / the Graln Panchayat, Kulabgoor, and after discussion, a resolution was passed on 24.LL.2O2O certi$ing the construction of houses by some of the beneficiariet in the assigned'plots. In spite of the said efforts, the staff of tJle of{ice of respondent Nos. L to 4 again visited the plots on l8.OL.2O2t and threatened to vacate the said premises without any notice or order from the higher authorities' Aggrieved by the same, the petitioners have approac{red this Court by filing the present writ petition'

4. Heard learned counsel for the petitioners and learned Assistalt Government Pleader for Revenue, appearing for respondent Nos.1 to 4 and perused the record' tearned counsel appearing for the petitioners 5. submitted that tJle petitioners are the landless poor and are eking out their livelihood by engaging themselves as labourers. Respondent No.4 issued plots uide proceeaings No.C/66412OO2 with conditions to the petitioners, aild upon such allotment, sorne of the petitioners have conqtructed \ \ 7\ Page 4 of7 houses and have been staying there peacefully. The conditio:ns are as follows: (i) Only one house should be constructed on the allotted plot. /(ii) The constmcted house should be ac,:ordance with tl:e plan given by the Government. (iii) feets of land should be left in the frc,nt and back side of the house. -- (iv) The beneficiar5r shall use the site with hereditar5r rights but cannot be sold to anybody. Without permission of the Government the house shll not be let out or sold to anybody. (v) Beneficiary should constmct the house within 12 /24 months from the date of allotment of house site. (vi) Patta certilicate is issued in terms of G.O.Ms.No.3O4, dated 13.03.2007. Thre above said conditions are violated, the Government will have the power to reclaim tlle land and revoke pa.tta.

6. [,earned counsel further submitted that without issuing any notice regardrng the conditions, the respondents have been contemplating to take a\May the plots pertaining to the petitioners, without any fault on tleeir fautt on their part. I f n i-T Page 5 of7 Hence, seeks indulgence of this Court to pass appropriate orders.

7. Iearned Assistant Government Pleader for Revenue, appearing for respondent Nos. L to 4 on instructions would submit that tlre purport of allocation of plots to the petitioners was to accommodate the landless poor. But none of tl:e conditions have been complied with by the pedtioners, and they have been indulging in iltegal activities on the strength of patta granted to them. Hence, Revenue Divisional Oflicer, Sangared dy, uideNo.B3/S 93I2OOg, d.ated. 31.03.2010 issued orders cancelling the 364 enjoyment certificates issued by the then Tahsildar uid.e No.B/627512OO7, dated L6.O6.2OO7. On receipt of the said orders, the then. Tatrisldar, Sangareddy, issued ord.ers for cancellation of 364 house site certificates issued in respect of the larrd bearing Sy.Nos.244, 245, 248 to 253,255, 256, 26L to 289 and 346, total an extent of Acs. 13.25 guntas, qituated at Kulabgoor village of Sangareddy District. Hence seeks to Iismiss the present urit petition. \ i i

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8. It is evident from the record tl,at the Tatrsildar, Sangareddy District, in the year 2OLO selected 316 women eligible beneliciaries uide proceedings bearing No.C/6,54 l2OO2, dated |2.O4.2OLO. After verification, 316 house site pattas were issued. for land to an extent of Acs.13.25 guntas in Sy.Nos.244, 246, 249, 25L, 252, 253, 255, 26L, 262, 263, 264, 266, 267, 2!68, 269, situated at Kulabgtor village of Sangareddy Mandal and District. Out of 316 house site pattas, only 91 patta holders constructed houses and are residing there, and the remainin g 225 plots were lett fallow. On perusing tlle instmctions passed by the learned Assistant Government Pleader, it is observed that taking advantage of the fallow land, one Ameruddin, R/o. Kulabgoor village with the support of Grampanchayath O fficial s an d S arp ar r..ch / Upa- Sarpanch, encroached upo n the land and converted into plots illegally, and tried to sellthe plots to third parties in open market. Hence, the respondent author.lties issued orders for cancellatio_n of 364 house site pattas. / (" PageT of7 9 Taking on record the said submissions ahd upon perusing the materiat available on record, this court is of the opinion tl:at without issuing any notice and without following due process of 1aw, the respondent authorities cancelled the house site pattas issued to the pefitioners, /' which is'arbitrary and illegal. Accordingly, the iqnpugned proceedings No.C /66412002, dated O}.O4.2O 10, stpnds set aside. Hence, the respondent authorities are directSd not to resort any illegal action without following due procegs of law. As seen from the instmctions passed on by respondgnt No.4, if any illegal encroachment is taken place in the rqmalnlng fallow plots, the respondent authorities shall take

4.ction 1n accordance with Iaw.

10. With the above obsenration, the writ disposed of. There shall be no orders as to costs. petrition is As a sequel, miscellaneous petitions, if any, $ending, shall stand closed. //TRUE COPY// KRIS N OFFICER

1. The Principal Secretaryfor Revenue Secretariat, Hyderabad.

2. The District Collector, Sangareddy district at 3. The Revenue DivisionalOfficer, Sangareddy : Sangareddy District. divisircn At C or*honue*- .*) .t To

4. The Tahsildar, Sangareddy Mandal, District. Sangareddy. 5. Two CCs to GP FOR REVENUE, High Couil forthe State of Telangana at Hyderabad. [OUT]

6. Ohe CC to SRI VIJAY KUMAR HEROOR, Advocate TOPUCI 7. Two CD Copies \ SA BS Eh t,-'t" HIGH COURT DATED:2010812025 I I '',i L,I ? { J[!l 20u6 a'-- * * ORDEFI WP.No.2068 of 2021 DISPOSING OF THE W.P WITHOUT COSTS. eV o\ b. .2/ \ i : j i ! i i I i I I I I I I l I I I I I a I I I I I I t I I I I i I t f I a a I f : I t l. I i i I I i i !