High Court · 2025

13.Jeedi lndramma, W/o Jaipal Aged about 45 years. occ. Daily Wager 14 llqftu Suneetha, Wo John Aged about 41 years. occ. Daily.:Wag-er 15.P Rajesh Reddy, S/o.P.Srinivasa Reddy, Aged about 29 yeais. occ. Daily Wager

16.Padala Lakshmi Prasanna, D/o.Padala Srinivas Reddy, Aged about 31 years. lT.Gundlapally Mariyamma, W/o Manasayya Aged about 72 years. occ. Daily

18.Gandi Satya Bhavani, Wo. Srinivas Rao Aged about 32 years. occ. Daily occ. Daily Wager Wager Wager

19.A.Manga, W/o. A.Maheshwar Reddy Aged about 35 years. occ. Daily Wager 20. K .Bharathi, Wio.K. Subhash Aged about 30 years. obc. Daily Wagei 21.A.Shiva rani, Wo. A.Kurmaiah Aged about 26 years. occ. Daily Wager 22. N Nirmala, Wo.N.Narsimha Aged about 30 years. occ. Daily Wager 23. S.Mounika, W/o.S.Madhu Aged about 25 years. occ. Daily Wagei 24.A.Swetha, W/o.A.Omnath Reddy Aged about 25 years. occ. Daily Wager 25. N.Savithri, Wo. N.Srinu Aged about 28 years. ocC. Daily Wager 26. K.Anitha, Wo.K Shiva Narayana Aged about 28 years. occ. Daily Wager 27.O.Venkata Lakshmi, Wo.O Venkata Ramulu Aged about 45 years. obc. Daily Wager

28.A.Rajasai Nandini, D/o. A.Susheela Aged about 27 yea$. occ. Daily Wager E / / I I I

29.A.Chinnamma, W/o.A. Bala swamy Aged about 53 years. occ. Daily Wager 30.A Haneesha. W/o.A.Sambhashivh reddy Aged about 23 years.-occ."Daily Wager Wager Q] . \Z Vani, Wo.V.Venkatesh Aged about 30 years. occ. Daily Wager 32. B.Mamatha, Wo. B. Mallesh Aged about 2-6 years. occ. D5ily W-ager 33. P.lvlaheshwari, W/o.P.Munna Aged about 30 years. occ. DJlty W"ager 34.JSurekha, .,U//o-J.Jampanna Aged about 30 years. occ. Daili Wader 35.PBhagya Lakshmi, ,W/o.P.Ctiandraiah Agbd about 38 fearsf occ. Daily 36. M.Yadamma, ,Wo.M.Narsimha Aged about 45 years. occ. Daily Wager 37. J Navachandr-ran, s/o J.Cha-ndraiah Aged about'2S years. occ. baily"Wager 38. M.Anitha, W/o.M.Abraham Aged aboul 35 years. oct. Daily Wager' 39. B-Chandramma, W/o.Late Venkataiah Age-d about 55 yeais. oc6. Dailv Waoer 40. Md.lshranth, s/o.Md.Nazeer Aged about 35 years. occ. Dailv Waoer ' 11 Y,.Brl!, S/o V Vittal Aged aboul 52 years. oic. Daity Wager' 42. Pitla Bhagya, W/o Naiasimulu Age<i about 40 year6. occi Daity Wager 19 Nq!iqqlli Shailqa, W/o N.Yadagiii Aged about'42 years. occ. baityWager 44.G..Rohith, ,S/o G.Rajendra Aged about 22yearc. dcc. DaityWage'r 45. Maramma. W/o Late Venkaiah Aged abou[60 years. occ. 46. R.Sarojini, Wro Vasantha Kuma-r-Aged about SO years. occ Oaity W"ager 47. P.Prcchamma,, W/o.NagaseshuAged about 42 yeirs. occ. Daily fragei 48. P. Shivashankari. Wo Appa Rao Aged about 40 years. occ. D'aily Wager 49. P.Aditya, S/o.Appa Rao Aged-aboui 30 years. oc6, Daily Wager' 50. A.Anish, S/o Vlahesh Kumar Aged aboui 29 years. occ.'DailfWager 'Daily-Wager (All are the petitioners are residing at Sy.No..1g6 part, Sri Sai Naoar. Bachupally IVandal, Medchal-Matkajgiii Distriit, Telangana State) ...PETITIONERS AND 1. The State of l-elanggrlq: Bqp. nV its principal Secretary, Housing Department, - tetangana Secretariat Buildings, Hyderabad, Telangana State - 2. The Vice Chairman and Housfng C6mmissioner, TeTanoana State Housino Nagar, Hyderabad, Telangana State -500 038 Board, Gruhakatpa, M.J. Road, Nampally, Hyderabad, ietangani Stiie _S-Oo 001 a fle Exggufive,Engileer, (HS), Nq4h D_iyisig1, Tetangana Housing Board, S.R. 4. The Commissioner of Poliie, Cyberabad, Telanoana State S. I|g D.epyty.Cqmnlssioner of pbtice. BatAnagar2one, Cyberabad, Medchal_ - Malkajgiri District, Telangana State 6. The Station House Offic6r, Bachupally police Station, Cyber"abad, Telangana 7. The Distri.ct Collector, Medchal-Malkajgiri District, Telangana State 8. The Tahsilda.. Bachuoaily Mandal, Miilchat-Mal(algiri D-iitrict, felangana State State ...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 a direction, more particularly one in nature of writ of Mandamus directing the Respondents No.2 to B not to dispossess the petitioners from their houses using police force, and without following due process of law which is against the principles of natural justice for petitioners houses consisting of 40 square Yards to 60 square Yards situated at Sy'No'186 Part Sri SaiNagar,BachupallytVlandal,Medchal-MalkajgiriDistrict'TelanganaStateand therespondentsmayalsotobedirectedtoregularizetheirhousesbyinkingthe requisite fees or provide alternative lands to the petitioners and also declaring the highhandedactionoftheofficialrespondentsintryingtodispossessdiepetitioners from their house using police force illegally, as arbitrary, unjust and violative of Article 14, 21 and 300-4 of the Constitution of lndia' IA NO :1 OF 2025 PetitionunderSectionl5lCPcprayingthatinthecircumstancesstatedin the affidavit filed in support of the petition' the High Court may be pleased to direct theRespondentsno.2to8nottodispossessthepetitionersfromtheirhouses using police force, & without following due process of law which is against the principlesofnaturaljusticeforpetitionershousesconsistingof40SquareYardsto 60 Square Yards situated at Sy.No.186 Part, Sri Sai Nagar' Bachupally Mandal' Medchal-Malkajgiri District, Telangana State, pending disposal of the writ petition in the interest of equity of justice. Counsel for the Petitioners: M/s. OM LAW FIRM Counsel for the Respondent No.1: GP FOR HOUSING Corn""f forthe Respondent Nos.2 & 3: SRI C'BUCHI REDDY' SC FOR TSHB Counsel for the Respondent Nos.4 TO 6: GP FOR HOME Counsel forthe Respondent Nos.7 & 8: GP FOR REVENUE The Court made the following: ORDER I THE HON'BLE SRI JTISTICE T. VINOD KUMAR U/RIT PETITION No.3032 0F 202s ORDER Heard learned Counsel for thc petitioners, learned Government Pleader for Housing Board appearing for respondent No.1, Sri C. Buchi Reddy, learned Standing Counsel for Telangana State Housing Board appearing on behalf of respondent Nos.2 and 3, learned Govemment Pleader for Home appearing for respondent Nos.4 to 6 and learned Government Pleader for Rt:venue appearing for respondent Nos.7 and 8 and with the con:;ent of learned Counsel for the parties, the Writ Petition is taken up for hearing and disposal at the stage of admission.

2. Shorn of unnecessary details, the case of the petitioners in brief, is that they are in occupation and possession of land admeasuring about 40 to 6O square yards each in Sy. No'186 Part, Sri Sai Nagar, Bachupally Mandal, Medchal-Malkajgiri District, Tekrngana State; that the respondent authorities are seeking to clispossess the petitioners from the aforesaid iand without taking into consideration their long possession over the subject land; and that the respondents are not regularizing the land in their possession, which action of the respondents it is ItI I I 2 contended as highry inegar, arbitrary and also in violation of Articles 14, 2l and 300_A of the Constitution of India. 3. Per contra, learned Stalding Counsei appearing on behalf of respondents would submit that the Government had a-llotted Iand to an extent Ac.9.5O gts. to tine 2d respondent under G.O.Ms. No.138 t dated 26.|0.200Z; and that the 2nd respondent had constructed houses under Rajiv Gruhakalpa scheme to an extent of Ac.g.SO gts, thereby leaving an extent of Ac.1.00 gts. as open land belonging to the 2nd respondent. 4' Learned Standing counsel would further contend that the petitioners have encroached on to the aforesaid extent of vacant land belonging to the 2^d respondent and made constructions therein without any valid title to the subject lald. 5' I-earned standing counsel wourd further submit that since the petitioners have encroached on to the land belonging to the 2nd respondent, the respondent authorities have approached the concerned police authorities and made a complaint on 19.1O.2O24 seeking their eviction from the land. 6' Learned Standing counser would further submit that since the subject land belongs to the 2nd respondent, the petitioners cannot claim as a matter of right, regularization of the iand encroached by them. : j I t t ,rlI

7. I have taken note of the respective contentions urged' 8. Admittedly, the petitioners are encroachers of the land vested with the 2'd respondent in terms of G'O'Ms' No' 1381 dated 26.10.2007 and do not have any valid title to substantiate their possession except the fact of being in physical possession of the land. g. Though the petitioners had sought for relief of issuing a direction to the respondents to regularize the aforesaid extent of land encroached by them, it is to be noted that a writ of mandamus cannot be gralted to the respondents directing them to regularize the encroachment made by the petitioners' 10. Since, Sections 52 and 53 of the Telangana Housing Board Act, 1956 (for short 'the Housing Board ActJ provides for manner and method of removing the encroachers of the land belonging to the Housing Board, this Court is of the view that the authorities sha1l initiate action for removing the encroachment by following the procedure prescribed under the Housing Board Act.

11. Notwithstanding the above, since the subject land is vested with the 2"d respondent Housing Board and being an instrumentality of the State, it is also open for the authorities to initiate necessary action under a summary procedure prescribe d under the Telangana public premises (Eviction of Unauthorised Occupants) Act, 1968 (for short .the public Premises Act) for evicting the encroachers from their land Since, the petitioners arege the respondent authorities without following the course of action prescribed under the Housing Board Act or under the. public premises Act are seeking to dispossess the pe[itioners from Lhe subject land, this Court is of the view that the respondent authorities are to be directed to follow due process of law for evicting the petitioners from the subject land 12. Subject to the above observation and direction, the .Writ Petition is disposed of. No costs. Miscellaneous petitions, if any, pending in the Writ Petition, shall stand cl 1 To //TRUE COPY// SD/. T. TIRUMALA DEVI NT REGISTRAR ASSI ECTION OFFICER Telangana State ll!,*riijq'"!ii:iff #xt'i?g:,?i€igE?1J,"+1?g,iJi":ecretariat ''lJI j:E;,J;,tJ;lffi :i%l.J:',Sgff ;',llZal",lf i:i,13:1,:S;tS,t., 2. The Viie Ch-airn 3. The Executive Engineer, (Hg), North Division, Telangana Housing Board, S.R , |Sg{, Hyderabad-, Tetahlai,a State _5d0 di" +. r ne uommrssroner.of.police,-Cyberabad, 5 The Deoutv commissioner ot pt ii"eriiriinJgar zone,cyberabad, Medchar- ^ lValkajgiri District, Telangan" State-, -"'"'," o' rneestation House officer, Bachupary porice station, cyberabad, Terangana Iii:?:?ltfl:,.:[?"Jf, l#f,,f;ffj#t,[fl'Jt#i:il:",1#iiB,3i]i",.,f l?"nn"n" ?. ?,XS 33J?"%'c P8*tflU,,ilru f,Ufl.S:Xtlffiy3re state orreransana, at 1l?,1333J","'31?3H',-,3,f=',?r',J';3:f-",LTfJ&l?#?r",,ns,n,,,, 13 Two ccs to Gp FoR REVENUE, High court for the State of rerangana, at 1 4.Two CD Copies Hyderabad. IOUTI Hyderabad. IOU- Hyderabad. IOU- State l, o' *y ' PSK. GIP ; HIGH COUR''I'. DATED:041Oit12025 ORDER WP.No.3032 of 2025 -:-'-': ' cr' ,t (.,.. \ 1 g tr3 f' 2025 : ^+ D FSPATCt\90 DISPOSING OF THE WRIT PETITION WITHOUT COSTS n(