High Court · 2025

'1 . Smt. Latha Sundareswaran, W/o Sudareswaran lv'luthu Krishnan-qged 65 vears. Occ..RetdrEmolovee, R/o H.No. 166 HIG-Il, Road No 5, Telangana fuousing Board Colony, Raviryal, Qpp. Airport X Roads, Srisailam Highway' R.R.District -501 510. fiS) 2. Sri. Sudareswaran Muthr.i Krishnan, S/o M.Muthukrishnan, Aged 73 years, - Oi" .n.tO Employee, Fi./o H.No. 166 HIG-ll, Road No 5,-Telangana. Housing Board Colony, haviryal, Opp' Airport X Roads, Srisailam Highway' R.R.District -501 510. (TS) ...,ET.T.ONERS . AND

1. The State of Telangana, Represented by its Principal Secretary, Housing Department, Goveihment of Telangana, at.Secretariat' Hyderabad- Z. tn6 Telangina Housing Board, Rep., its Vice-Chairman and Housing - Commlssidner, having bffice at Gruhakalpa' M.J.Road, Nampally, Hyderabad S ihe Executive Engineer, (Housing), Telangana Housing Board, having Office ...RES'ONDENTS 500 001 . at Gruhakalpa, M.J.Road, Nampally, Hyderabad 500 001. 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 grant a writ or writs, order or direction more in the nature of a wRlT oF N4ANDA[\i1US declaring the action of the Respondents in issuing the Tender-cum- Auction Notification dt.08.01.2o25 vide serial No.30o/Auction/Stray pieces/Raviryal/DB/EE(Sy2O25-1 as unlaMul, arbitrary, unreasonable and unconstitutional being pontrary and against the purport of the G.O.tvls. No. 6 Housrng (HB-ll) Department, dt. 29.03.2011 more particularly against the Revised orders contained in the said Go Ms. M.6 dl. 29.03.2011 thereby deprivrng the right of the Petitioners to purchase the said Stray Piece of land abutting/adiacent to my house allotted by the Respondents No. 2 and 3 which has proper approach and thereby impacting the Petitioners right to property u/Art.3O0-A of the Constitution of lndia by {ailing to follow the due process of law and causing breach of Right to equality and equal protection of law as envisaged U/Arl, 14 of the Constitution of lndia and consequently to declare that the Notice No.300/Un- authorized Encroaches/lRaviryal/EE/South 2025 issued in respect of the house No.166, HIG-ll to,the extent of 23.33 sq. yards, situated at Housing Board Colony, Raviryal, Ranga Reddy District as illegal, arbitrary based on malafidies in the interest of justice. lA NO: 1 OF 2025 Petition under order 39 rule 1 & 2 Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of thb petition, the High Court may be pleased to grant interim injunction restraining the Respondents from demolishing the compound wall of house No.166, HIG-ll to the extent of 23.33 sq. yards, situated at Housing Board Colony, Raviryal, Ranga Reddy District. lA NO: 2 OF 2025 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 grant Stay of the operation of the impugned Notification dated 08-01-2025 including the proposed/ intended Auction of the Stray Pieces of Lands in respect oi the Phase-l in Sy.No.1/1, lmarat Kancha, at Raviryal Village, Maheshwarain Mandal, Ranga Reddy District pending disposal of the main Writ Petition. Counsel for the Petitioners: SRI R.A.ACHUTHANAND Counsel forthe Respondent No.1: GP FOR HO{JSING Counsel forthe Respondent Nos.2 & 3: SRI C.BUCHI REDDY, SC FOR TSHB The Court made the following: ORDER TH.P HON',BLE SRI JUSTICE T' VINOD KUMAR VIRIT PETITIOI{ No. 2994 OF 2oi25 ORDER: Heard learned Counsel for the Petitioners' Iearned GovernmentPleaderforHousingappearingforrespondentNo.l, Sri C. Buchi Reddy, Iearned Standing Counsel for Telangana State Housing Board appearing on behalf of respondent Nos 2 and 3 and with the consent of learned Counsel for the parties' thewritPetitionistakenupforhearinganddisposalatthe stage of admisston' 2. Shorn of unnecessary details' the case of the petitioners in brief, is that they have been allotted house bearing No 166' HIG-II,RoadNo-5ofTelanganaHousingBoardcolony,Raviryal, oppositc to Airport X Roads' Srisailam Highway' Ranga Reddl' f)istrict under allotment Ietter dated O6 06'2O14' and is in possession and enjoyment of the aforesaid property' 3. Petttioners further contend that the respondent authorities u'ithout taking note of the aforesaid fact had issuecl the rirrction notihcaLion in respect of 42 proryrties' which inter alio includes the property sold to the petitioners also at serial No.40 of the said auc[on notice to an extent of 23 33 squarc 2

4. Petitioners further contend that the aforesaid extent of 23.33 square yards forms part of the petitioners property and thus cannot be brought to public auction. Hence, the present Writ Petition.

5. Per contra, learned Standing Counsel appearing on behalf of respondent Nos.2 and 3 would submit that though the petitioner No.1 is owner of house bearing No. 166 HIG{I, he had encroached upon the adjoining land to an extent of 23.33 square yards.

6. lrarned Standing Counsel would further submit that though under the public auctiorr notice dated 0g.01.2025, the authorities have put to public auction 42 properties mentioned therein, the said notification has now been rescinded and is restricted only to 14 properries which does not include the house of the petitioners. Thr-rs, the learned Standing Counsel would submit that the grit:vance of thc petitioners in the present Writ Petition stands rr:dressed insolar as the open land adjoining to the peritiorlcrs horrsc bearrng No.166 is concemed. 7. lrarned Standing C]ounsel u.ould further submit that since the petitioners had cncroached on to the aforesaid land belonging to the respondent No.2, the authorities have issued notice of encroachment to thc petitioners. 3 Learned Standing Counsel would further submit that if 8. the petitioners are aggrieved by the aJoresaid proceedings initiated, they have a remedy of Appeal provided under the Act which theY can avail' g. On the aforesaid submissions being made to this Court' learned Counsel appearing on behalf of the petitioners would submit that since the authorities now claim to have withdrawn the public auction notice mentioning the petitroners house bearing No.166, HIG II, while the main grievance of the petitioners stands redressed, the petitioners may be permitted to avail the remedy of Appeal provided under the Telangana Housing Board Act, 1956 (tor short the Act') insofar as the notice issued by the respondent authority with regard to the encroachmcnt ol adjoining to the petitioners house to an extent of 23.33 square yards is concerned' 10. Having rcgard to the submissions made as ahve' since the resPondcnts having issued corrigendum to the auction published ot O3.O2.2O25 restricting notice datcd 22.Oi 2025 the public auction only to 14 properties which does not include the House bearing No' i66, HIG-II of the petitioners' the grievance ol the petitioncrs in the present Writ Petition stands redressed ancl no further orders are necessarJr' l I I I t:. 4 11' Insofar as the proceedings initiated by the respondent authorities for the encroachment made by the petitioners of the adjoining land to an extent of 23.33 square yards is concerned, since, tJre Act provides for a remedy of Appeal, and also taking note of the fact that the petitioner No.1 intends to avail the said remedy of Appeal provided under the Act, this Court is of the view the petitioners should be relegated to avail the remedy. L2. Subject to the above direction, the Writ petition is disposed of. No costs. Miscellaneous petitions, if any, pending in the Writ Petition, shall stand closed. t //TRUE COPY// sD/-N. sRlHARt / ANT REGISTRAR / ECTION OFFICER To

3. LSecretary' Housing DePartment' Govern ment of Telangana, at The PrinciPa Secretari at, H yderabad, State of Telangana The Vice-Chairmanand Housing Commisst oner, Telang ana Housing Board' Road, NampallY, HYde rabad 500 001 at Gruh akalpa, M J Houstng ), Telang ana Housing Board, having Office having at Gruhaka lpa' M.J.Roa d, NamPallY, Hyder abad 500 001 The Exec CC to SRI R,A.ACHU THANAND, Advocate IOPUC] SING, High Court for the State of Telangana, at utive Engineer Office

4. One 5. Two CCstoGP FOR HOU t erabad IC.BUCHI REDDY, SC FOR TSHB TOPUC] Hvd One CC to SR Two CD CoPies b. 7. PSK. GJP qr HIGH COURT DATED:0410212025 ORDER WP.No.2994 ot 2025 t ,o o t i ,\. ,1+ Sr: I t1 ( LUJ01 2025 a <)6 ),4! | o { DISPOSING OF THE WRIT PETITION WITHOUT COSTS (+ { >f 2l t.l