High Court · 2025
Case Details
Acts & Sections
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 in illegally, coercively interfering, without any notice or opportunity, without following the procedure established by law, with the peaceful possession and enjoyment of the petitioners. open Plot bearing numbers 29,261,251,258,248, 19,273, 27 4l A,262, 250, 266, 89, 82, 1 59, 43, 27 4lB, 27 5, 84, 82, 83, 27 1, 27 6, 259,252, 25 and 30 respectively land of a total eitent of AI.22.OO guntas in Survey numbers 444113, 444117 and 444118 of Palvoncha Mandal, Bhadradri Kothagudem District, by forcibly erecting, property - notifications, intimidating the petitioners even after having purchased the same through respective registered. sale deedsof petitioners as illegal, unconstitutional and violative of Article 14, and Article 3004 of the lndian Constitution, applicable f,evenue Acts and .principles of basic natural justice and consequently, to consequently Direct the respondents and their men, agents to not interfere with the peaceful possession and enjoyment of the said House Plots numbered 29,261 ,251 ,258,248, 19, 273, 2741A, 262, 250, 266, 89, 82, 159, 43, 27418, 275, 84, 82, 83, 271, 276, 259,252,25 and 30 respectively in Survey numbers 4441.13,444117 and 4441'18 of Palvoncha Mandal, Bhadradri Kothagudem District, Telangana, indefinitely; lA NO: 1 OF 2020 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 and Enjoyment of the Petitioners House Plots numbered 29,261,251,258,248, 15, 273, 274t4, 262, 250, 266, 89, 82, 159, 43, 274t8, 275, 84, 82, 83, 271, 276, 259, 252, 25 and 30 respectively land of a total extent of Ac.22.OO guntas in Survey numbers 444113, 444117 and 444118 of Palvoncha Mandal, Bhadradri Kothagudem District, Telangana pending the outcome of the main writ petition. Counsel for the Petitioners: SRI MOHD. BASEER RIYAZ, REP. FOR SMT B.RACHNA Counsel for the Respondent No.1 to 5 & 7: AGP FOR REVENUE Counsel for the Respondent No.6: SRI PUTTA KRISHNA REDDY, SC FOR MCPL WRIT PETITION NO: 2063 OF 2020 Between:
1. Lakavath Sumithra, D/o. Sakru, Age. 33 years, Occ. Govt. Teacher, R/o. H.No.2-26, Kommugudem, Julurpad, Kothagudem.
2. Guguloth.Bhaskar, S/o. Mangilal, Age. 32 years, Occ Govt. Employee, Rl/o. Jagana Thanda, Bayyaram Mandal, Khammam District.
3. Gorantla Ashok, S/o.Chandraiah, Age. 58 years, Occ. Business, Fl/o. H. No.S- 1 - 1112111, Harsha Township, NavBharath Paloncha, Bhadradri Kothagudem District.
4. lejavalh Sujatha, Wo. Ramdas, Age. 50 years, Occ. Housewife, R/o.H.No.NC No.38, Rudrampuram, SSSC Quarters, Kothagudem.
5. Mohammad Zareena, Wo. Donakagothi Mohammad, Age. 49 years, Occ. Housewife, R/o.H.No.5-1-12l3l15lA, Harsha Township Palonehd, Bhadradri Kothagudem District. 4-25, Navbharath, Palvoncha, Bhadradri Kothagudem Disirict.
6. Guguloth Laxman, Sio. Haridas, Age. 49 years, Occ. Bugness, Rt/o. H.No.S- 7. 9uguloth Chilakamma, Wo. Laxman, 'Age. years, Fi/o.H.No.S-4-2b, Navabharath, Palvoncha, Bhadradri Kothagudeh Didtrict. AND
1. The State of Telangana, Rep. by its Principal. Secretary, Revenue Department, Secretariat Buildings, Saifabad, Hyderabad-l22. ...PETITIONERS
2. The Secretary, O/o.Chief Commissioner of Land Administration. Telanoana State, Nampally Station Road, Abids, Hyderabad - 500 O0i. 3. The District Collector, Bhadradri Kothagudem District, Telangana. 4. The Revenue Divisional Officer (RDO), Kothagudem, Bhadradri Kothagudem District, Telangana.
5. The Tahsildar, Palvoncha, Bhadradri Kothagudem District, Telangana. 6. Palvoncha Municipality, Rep. by its Commissioner, Bhadradri Kothagudem District, Telangana.
7. The Director, Survey and Town Planning, Bhadradri Kothagudem District, Telangana. ...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 a writ, order or Direction, more particularly one in the nature of writ of Mandamus, declaring the action of the respondents in illegally, coercively interfering, without any notice or opportunity, without following the procedure established by law, with the peaceful possession and enjoyment of the petitioners houses bearing H.Nos.5-1-1 'l12111, 5-1-1213/1 5/A, 5-4-25 in plot Nos.264, 265, 30, 81 and 249 situated in Survey numbers 444113' 444117 and 444t18 of Palvoncha Mandal, Bhadradri Kothagudem District, by forcibly issuing eviction notices, intimidating the petitioners even after having purchased the same through respective registered sale deeds of petitioners as illegal, unconstitutional and violative of Article 14, and Article 3004 of the lndian constitution, applicable Revenue Acts and principles of basic natural justice and consequently Direct the respondents and their men, agents to not interfere with the peaceful possession and enjoyment of the said Houses bearing H.Nos.S- 1-11t2t11,5-1-12t31151A,5-4-25 in plot Nos.264, 265, 30, 81 and 249 situated in survey numbers 444113, 444117 and 444118 of Palvoncha Mandal, Bhadradri Kothagudem District, Telangana, indefinitely. ) 1 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 demolish or interfere with t[e peaceful possession and enjoyment of the Petitioners Houses bearing H.Nos.5-1-1 1i2l1 1' 5-1-12131151A, 5-4-25 in plot Nos.264, 265, 30, Bl and 249 situated in Survey numbers 444113, 444117 and 444118 of Palvoncha Mandal, Bhadradri Kothagudem District, Telangana pending the outcome of the main writ petition. Counsel for the Petitioners: SRt MOHD. BASEER RIYAZ' REP. FOR SMT B.RACHNA Counsel for the Respondent No.'t to 5 & 7: AGP FOR REVENUE Counsel for the Respondent No'6: SRI PUTTA KRISHNA REDDY' SC FOR MCPL The Court made the following: COMMON ORDER I o HON'BLE SRT JUSTICE LAXMI NARAYANA ALISHETTY w.p.No.2060 0f 2020 is filed to declare the action of the re3pondents in illegally, coercively interfering, without any notice or opportunity without following the procedure established by law, with the peaceful possession and enjoyment of the petitioners open plots bearing numbers 29, 26I, 251, 25g, 248, Lg, 273, 2741A, 262, 25O, 266, 89, 82, 159, 43' 274113, 275, 84, 82, 83, 271, 276, 259, 252, 25 and 30 respectively land of a total extent of Ac.22-00 guntas in Survey numbers 4441 L3, 4441 17 and 4441 18 of Palvoncha Mandal Bhadradri Kothagudem District by forcibly erecting property notifications intimidating the petitioners even after having purchased the same through respective registered sale deeds of petitioners, as iltegal and arbitrary'
2. w.P.No.2O63 of 2o2o is filed to declare the action of the respondents in itlegaIly, coercively interfering, lithout any notice or opportunity without following the procedure established by law, with the peaceful possession and enjoyment of the petitioners houses bearing H.Nos.S- l-Ll I 2 / lI ' 5- 1- l2l3llsl/',5-4-23inplotNos'264,265,30,81and249 situated in Survey numbers 4441L3,4441L7, and 444118 of 2 Palvoncha Mandar Bhadradri Kothagudem District, by forcibry issuing eviction notices intimidating the petitioners even after having purchased the same through respectivc registered sale deeds of petitioners, as illegal and arbit rary.,, 3' Hezrrd Sri Mohd Baseer Riyaz, learned counsel representing Smt. B. Rachna Reddy, learned counsel for the petitioners on record and learned Assistant Government pleader for Revenue. 4' when the matter is taken up for hearing, rearned counsei for the petitioners represented that the issue raised in the writ petitions is squarely covered by common order dated 2o'o6'2o2s passed by this court in w.p.N o.29222 of 2or9, wherein this court disposed of writ petition directing the respondent Nos.2 to 4, not to interfere with the pgssession and enjoyment <>f the petitioners over their respective plots situated in Sy.Nos 4 44 / t3, 444 / lT and 444 / Ig, opposite to Kothagudenr Schools of Mines, M/s. Harsha Leafin commercial Limited, Harsha Township at Nawabharath, palvoncha, Bhadradri-Kothagudem District without following crue process of law. I j 1 i a J
5. Learned counsel for the petitioners further submitted that plots being claimed by the petitioners herein are also part of same layout developed by Harsha developers.
6. Learned Assistant Government Pleader for Revenue did not dispute the statements made by learned counsel for the petitioners.
7. Accordingly, these writ petitions are disposed of, in terms of common order dated 20.06.2025 passed by this Court in W.P.No.29222 of 2019. No order as to costs. Miscellaneous petitions pending, if ?fly, shall stand closed. SD/. C. DEEPIKA ASSISTANT REGISTRAR seck oFFrcER 1. The Principal secretary, Revenue Department, secretariat Buildings' r' //TRUE COPY// SaifaoaO, HIOeraUad, Stale of Telangana'o22'
2.TheSecretary,o/o.ChiefCommissionerofLandAdministration,Telangana State, NamparryEiIli6',i'H"Xi;';ii;ffi, Fiyil"r"ila - 500 061 . 3. The District collector, Bhadradri Kothagudem District, Telangana' 4. The Revenue Divisional officer (RDO), Kothagudem, Bhadradri Kothagudem District, Telangana. To, \
5. The Tahsildar, palvoncha, Bhadradri Kothagudem District, Telangana. 6. The Commissioner, palvoncha Municipality, Bhadradri Kothagudem District' Telangana
7. The Director, survey and Town Planning, Bhadradri Kothagudem District' Telangana
8. One CC to SMT B.RACHNA, Advocate [OPUC] 9. one CC to SRI PUTTA KRISHNA REDDY, Sc FoR MCPL [oPUC] 1o.Two ccs to GP FOR REVENUE, High court for the State of Telangana at Hyderabad [OUT]
11.Two CD CoPies BSR GJP (Alongwiththecopyoforderdated20.06.2025,inW.P.No.29222of2019) \u HIGH COURT DATED: 2511012025 COMMON ORDER WP.Nos.2060 and 2063 of 2020 '.1 ;i i: $ I.i J'{r 2'Jou I iI * .s * I DISPOSING OF OTH THE WRIT PETITIONS, B WITHOUT COSTS \11 1 sr, J WP No.29222 of 2019 THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.29222 0F 20t9 ORDER: 1. Heard the learned counsel for the petitioners and the learned Assistant Government pleader for Revenue, appearing for the respondents.
2. The learned counsel for the petitioners would submit that on 06.01.2o2o this court passed interim orders directing the respondents not to dispossess the petitioners from the lands purchased by them in Survey Nos.444 / 13, 444 / LT and 444 / rg situated opposite to Kothagudem Schools of Mines, M/s. Harsha Leafin commercial Limited, Harsha Township at Nawabharath, Paloncha, Bhadradri-Kothagudem District (hereinafter referred to as subject property). In spite of lapse of more than Five years, the respondents did not chose to file counter or vacate petition denying the averments and requested to direct 2 sr, J VIP No.29222 of 2079 the respondents not to dispossess the petitioners from the subject lands.
3. The learned Assistant Govermnet Pleader for Revenue would submit that respondent-authorities will follow the due process of law while interfering with the possession of the petitioners over the subject property and requested to pass appropriate orders.
4. . In view of the submission made by both sides, the Writ Petition is disposed of directing the respondent No.2 to 4 not to interfere with the possession and enjoyment of the petitioners over their house plots situated in Survey Nos.444 / 13, 444 / L7 and,444/18, situated opposite to Kothag,r#- Schools of Mines, M/s. Harsha Leafin Commercial Limited, Harsha Township at Nawabharath, Paloncha, Bhadradri- Kothagudem District without following due process of law. No order as to costs. 3 SK, J WP No.29222 of 2O19 5 Miscellaneous Petitions, if ony, pending in this writ Petition, shall stand closed. No order as to costs Date 20.06.2025 JUSTICE K.SARATH I