High Court · 2025

PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue a wiit order or direction more particularly one in the nature of wRlr oF MANDAMUS declaring the action of the respondents more particularly the 4th respondent in interfering and high handedly trying to dispossess the petitioners from plot No 2 admeasuring an extent of 456 sq yards in the land in Sy No 65 part situated at Balapur Mandal Ranga Reddy District and Respondent No'4 iSSUednoticeNo.B/1152t2o24dated27-01-2021vacatethelandinTdaysand furtherinnoticesurveyNumbermentionedasT4butthepetitionerisinSy.No.65 andfurtherrespondentNo.3allottedthePTlNNo.l,lTT0136lSandhouseNo.T- lll4lgandwithoutassigninganyreasonsandwithoutconductinganysurveythe actionoftherespondentNo.4isillegalarbitrarycontrarytolawandinviolationof principles of naturzrl justice and in violation of Article.s 14 2 Constitution of India :lnd consequenfly direct suspend the Notice l.ro dated 27-01-2024 and 3004 of B/1152/2024 F IA NO: 'l OF 202s Petrtion under ';ecrion 1 51 cpc praying that in the circunlslences stated rn the affidavit fireri in s:pport of the petition, the High court rnay be p eased to direct the respondents not tl interfere with the possession from the sub.ect property in Plot No Prot No 2 adnreasuring an extent of 456 sq yards in the rard in Sy No 65 part situated at Barzrlrur l\irandar Ranga Reddy District pendinr3 riisposar of the above writ petiticn Counsel for the petitioner: SRI G. RAJESHWAR RAO counsel forthe Respondents: sRr L. RAVTNDER AGp FoR REVENUE The Court made the r'ollowing: ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITIONN 0-2796 of 2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: "--to issue u.tit or order or direction more partiatlarlg in the noture of Wit of Mandamus declaring the action of the respondents more particu'.torly the 4th respondent in interfering and htgh handedlu trying to a,rporrrtJ the petitioners from Plot No 2 admeasuing an extent of 456 sq go)dt fn the tind in Sg.No.65 part, situated at Balapur Mandol' Ranga 'Reddy Distict and Respond'ent No 4 issued notice No'B/1152/2O24' datei ZZ.OI.ZO25 uocate the land in 7 dogs and furrher in notice suruey NumbermentionedasT4buttLepetitionerisinSy.lVo.65ondfurther respondent No.3 allotted the PTIN No 1 177013618 and house No'7 1 1 14/ 9 anrl utthout assigning arLA reosons and' taithout conducting ang suruey the action of the respondent No'4 is ittegal arbitrory contrary to lanu and in uiotation of pinciples of notural iustice and in uiolation of Articles 14' 21 ond 3OOA of Constitution of India and consequenttg direct suspend the Notice No.B/ 1152/2024 dated 27'01'2025 and to pass ." Considered the submissions of the learned counsel for the 2 respective parties and with their consent this writ petltlon IS disposed of at the admission stage' It is stated that the petitioner is the owner and possessor of 3. house bearing No.7-1114f 9, admeasuring 486 sq' yards' situated having purchased the same through a bearing d,ocument No-4796 of 2O14' It is registered sale deed further stated that the said house was assessed for the property at Balapur Village, - \ 'l \ 2 *r, rr;:Ztb:" ta-x vrde PTIII No.71770136rg. It is further statecl that wirhout taking into :onsideration of the said facts, rcsponrler.rt No.4 has issued impuqned noticc No.B/ 1lS2/2024, d,ated 27.O1.2025, under Sectic rr 7 of the Telangana Land Encroachment Acl, 19G5 (for short, '[L r: Act') treating the land in possession of tLLe petitioner to an extent of Ac.132.10 gts., in Sy.No.74, situated at Balapur Village, iis go'rernment land and further direc[r:d the trretitioner to vacate the sa il land within 07 days from the date of se rr.,ice of the notice

4. Le:rrncr:l counsel for the petitioner has s;ubmitte d that the petitioner is u occupation of the said house since lon;; time and the respondetts arc not having any power or eLuthorit.to vacate the petitirtner zrs the constructions are not from recent orrgin. 5 Leitrne c S tauding Counsel for Municipali[, app,saling f61 respondellt [rkr.3 has vehemently contended that revenur: r.ccot.rls. lhe petitioncr has purchasecl the property in Sy.No.65 and,rncroached the land forming pari of Sv.l',1o.74 and construct ecl a Iouse therein ar.; per the

6. As scerr liom the record, uide the impugne,l notice, resPondent Nc,..l has specifically directed the petitioner to vacate the lancl \\,ithi1r 7 <1ays from the date of service of the noti,:e stating :r**{i{; 3 CVBR, J wP_2796_2025 that the land in possession of the petitioner to an extent of Ac.132.10 gts., in Sy.No.74, situated at Balapur Village, as government land. Whereas, the petitioner claims that he is the owner and possessor of the said property having purchased under registered sale deed and constructed a house therein and the said house is also assessed to the property tax. He further ciaims that \ \ he is in occupation of the said house since long time and as the constructions are not from recent origin, the respondents are not having any power or authority to evict him.

7. Since this writ petition is hled questioning the impugned notice, as the petitioner is having right to submit explanation/ representation duly enclosing the documents, this Cour[ deems it appropriate to allow the petitioner to submit explanation/ representation duly enclosing all the necessary documents to respondent No.4 pursuant. to the impugned notice within a period of four (O4) weeks from today and on such explanation/ representation being submitted by the petitioner, the respondents are directed to conduct a detailed enquiry and pass approprlate reasoned orders under the provisions of the Act and communicate the same to the petitioner. Till the said exercise is completed, the respondents are directed not to take ao'-- y' action over rhe subject property. 4 CVBR, J wp._2796_-2025 ")t. 5 With thc said observations, this Writ Petitirn is dir;posed of' Y. There shall be r'o order as to costs As:r secuel, the miscellancous petitions perldin'3' iI any' shall stand clo s ecl //TRUE COPY// I]D/-N. SRIHARI ASSISTANT REGISTRAR SECITrc{fuFFrcER ' 1'ThePrincipalsiecretaryRevenueDepartmentDrBF'Ambed!larTelangana Sia-te S"Lietrriat Buildings The State of Telangana, Ilep by it5; Hyderabad 2. The District C:llector, Ranga Reddy District 5. iil; cil;i.ii,rner, ine aioangp6t Municipat corporation, Eadangpet IMuncioalitv, Flanqa Reddy District. ine ihasiion,,,, Ealpur M-andal Ranga Reddy 9ls,lricl One CC to S-i G. Fiajeshwar Rao. Advocate [OP-UC] i*o CCt to (lP for Revenue, High Court for the State of Telangana, at Hyderabad [CtlLJT] Two CD CoPies To, 4 t 6 7 TJ GJP HIGH COUR DATED:31 l0'112025 Ft' ,/^ i.:' r\F T. ( .$ t: l, s-' ,.:i ORDER WP.No.2796 of 2025 \i;j:l lit $ DISPOSING If,F THE WRIT PETITION WITHOUT COSTS A /l 1b s ,