High Court · 2025
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Petition under Article 226 of Ihe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or Direction, more particularly one in the nature of writ of Mandamus, declaring the action of the 4th respondent in issuing Notice vide No. B,1115212024 dt. 24.o1.202s Under section 7 of of T.G.L.E. Act lll of 1905 directing petitioner to pay assessment under section 3 of the Act lll of 1905 within 7 days from the date of receipt of notice, failing which evicted from the land and not considering the explanation of petitioner dt. 28.01 .2025 and trying to dispossess the petitioner from his property admeasuring 1200 sq. yds, equivalent to Ac 0-10 gts, situated in Sy No. 65, Balapur Village and Mandal, Kandukur RDO, Ranga Reddy District, without having any manner of right, without following the procedure contemplated under the Law, as being illegal, arbitrary, unjust, unconstitutional and violative of Articles 14, 21 and 300-4 of the constitution of lndia and set aside the same, consequenfly direct the respondents authorities not to take any coercive steps in dispossessing the petitioner from his property lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the cir< umstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent authorities not to dispossess/interfer e with the peaceful possession and enjoyment of the petitioner in respect of ad measuring 1 200 sq. yds, equivalent to Ac 0-10 gts, situated in Sy No. 65, Balapur Village and Mandal, Kandukur RDo, Ranga Reddy District by considering the exp anation of petitioner dt. 28.0'1 .2025, pending disposal of the main Writ petition Counsel for the Petitioner: SRl. D.KAVAL KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER t' HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.2915 OF 2025 ORDER: This writ petition is filed by the petitioner seeking the following relief: -ftom "...to issue an appropria? Wit, Order or Direction more particalatly one in the nature of Wnt oi'Mindamus ibctning tle action of tY 4" otryry!! i! i'ssuing Noticc'aitb No.B/17522024 dt. 24.0i.2025 Llntler section 7 of of T'G'L'E' Act lli of 1,905 directing petitioner to Pay assessment uniler. sectio.n 3 of the Act lll thc dnte of ieceipt of notice failing tohich eoicted from of lg}Sioithin 7 datls iu land and not ion'sideing the explanation of petitioner ilt. 28.07.2025 and t:rylng to dispos*ss the petiiorcr lrom his property- a.dmeas!.!!g Dq :q' Vls: eiuiot"nt tn Ac.0-10 gis. situatei in Sy. No' 65, Balapur Villtge and Mnnda.I' 'iindukur RDO, Ran{a Reddy Districi, toithaut hauing any manncr oJ ight- as being illegal tiiihout {ottouing the" procedire contemplateil ynder.the -Ituo inconititutionnl and oioiathx oJ Attictes-l4, 27 and 30GA of tfu iiiioaj ""1"tt AnstiitUi of India and vt ttside the *me con*quently ilircct the respondents authoities noi to taln nny coercioe steps in dispossessing the petitioner lrom his proryty flnd to gmnt. .."
2. The case of the petitioner is that he is the owner and Possessor of the land admeasuring 12fi) square yards equivalent to Ac'0-10 guntas in Survey No.65, situated at Balapur Village and Mandal' Kandukur Revenue Division, Ranga Reddy District' It is stated that the name of the petitioner was recorded as pattedar in the Dharani Portal and he was issued pattadar Pass book under the Provisions of the Telangana Rights in Land and Pattadar Pass Books Act,2O20 and since then he had bem inr possession and enioyment of the subject land' It is sbated that resPondentNo.4.theTahasildar,BalapurMandal,issuednoticeinFile 2 No.B/1152/2024 dated 24.01..2025 disputing that some part of the subject land forms Survey No.74. It is further stated tlrat the petitioner submitted explanation dated 28.0L.2025 to the impugne,d notice by duly enclosing all the documents relating to the subject land in Survey No.65. The grievance of the petitioner is that the respondents are not considering his explanation dated 28.01.2025 sui>mitted to the impugned notice dated 24.01,.2025 and trying to evir:t the petitioner from the subject land without following due process of aw
3. This Court, without expressing any opinion on merits, deems it appropriate to dispose of this writ petition directing th,: respondents to consider the explanation dated 28.01.2024 submitted by the petitioner to the impugned notice issued by respondent No.4 in File \o.B/1152/2024 dated24.01.2025 and conduct survey, and if it is idenrilied that the land under encroachment is forming part of Survey No.74, r,:spondents shall pass orders in accordance with law. This exercise shitll be completed within a period of two (2) months from the date of rec,:ipt of a copy of this order. Pending such exercise, stfltus quo existing or the subject land shall be maintained in all respecLs. 3 iI
4. With the above observatiory this writ petition is disposed of. There shall be no order as to costs As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed. /ITRUE COPY// SD/- P.Ch. NAGABHUSHAMBA AS ISTANT REGISTRAR SECTION OFFICER To, 1 2 3 venue Department, The PrinciPal Secreta a Reddy District at The District Collector' The Revenue Divisional Officer, Kandukur Revenue Division, Ranga ReddY District. ry, Re Rang ara Kalan. tariat, T.S.,HYderabad s t,l{igtl'ahr'J:'?xtxill;f ie"f 66s:,'irB'',ai 6. Two CCs to Gp FOR RivLxii'E tor. the state of Telansana at Hyderabad [OUT]
7. Two CD CoPies "iiiii-r'c6,irt BM GJP \qr ( o 11 Tlil- 5 T4 13 luN tW u ,o ,+ \r ,! ,i HIGH COURT DATED:0310212025 ORDER WP.No.2915 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS cod4 1e q- \ ?pY AF