It4d. Ataullah v. 1. The State of Telangana

Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or writ particularly writ of Mandamus declaring action of the respondents no. 3 to 6 herein in making construction of compound wall surrounding the Mandal Praja Parishad School building at Basheer Miyan Tanda in part of the Petitioners Agricultural land Bearing Sy. No- 6411lN111 , admeasuring O2Ac.23 Gts., situated at Basheer Miyan Tanda Proper H/o Kokat Village, Mandal- Yalal , Dist- Vikarabad as arbitrary, illegal and high handed. I lA NO: 1 OF 2023 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 pass an order directing the respondent no. 2 to 6 herein firstly to pay the compensation by acquiring the part of land in Sy. No- - 6411lAl111, admeasuring 02Ac.23 Gts., situated at Basheer Miyan Tanda Proper H/o Kokat Village, Mandal- Yalal Dist- Vikarabad under the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ( Act No. 30 of 20'13) and proceed with further construction of bath rooms or else direct the official respondents to dismantle the compound wall forthwith by resume back possession of the same to the petitioner pending the final disposal of the W.P., to meet the ends of justice. lA NO: 2 OF 2023 Between: The School Management Committee, rep., by its Head Master, MPPS Basheermiyan Tanda,Mr. Varthya Gopal, Basheer MiyanTanda Grampanchayat & Village, Mandal- Yalal,Dist- Vikarabad. ...PETITIONER AND 1 Md. Ataullah, S/o Md. Jakkaullah, aged about: 39 Yrs, Occ: Agril., & Business, Rl/o H. No: 7-5-126, Station Road, Tandur Proper & Mandal, Dist: Vikarabad ...RESPONDENT/WR]T PETITIONER 2 a 4 5 t) The State of Telangana, rep., by the Principle Secretary, Educational Department, Secretariat, BRKR Bhavan, Tank Bund Road, Hyderabad The District Educational Officer, Vikarabad District, Vikarabad. The Mandal Educational Officer, Yalal Mandal, Dis! Vikarabad. The Asst. Executive Engineer Education & Welfare lnfrastructure Development Corporation office, Yalal Mandal, Dist- Vikarabad. The Secretary, Gram Panchayat Basheer Miyan Tanda, Mandal- Mandal, Dist- Vikarabad ...RESPONDENTS/RESPONDENTS 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 vacate the interim order dated 1510212023 passed by this Hon'ble court in l.A.No.1 of 2023 in W.P.No.3613 of 2O23. I I I I fA NO: 3 OF 2023 Between: '1 . The State of Telangana, rep., by the Principle Secretary, Educational Department, Secretariat, BRKR Bhavan, Tank Bund Road, Hyderabad

2. The District Educational Officer, Vikarabad District, Vikarabad. 3. The Mandal Educational Officer, Yalal Mandal, Dis! Vikarabad. ...PETITIONERS/RESPONDNETS AND 1 Md. Ataullah, S/o Md. Jakkaullah, aged about: 39 Yrs, Occ: Agril., & Business, Rl"/o H. No- 7-5-126, Station Road, Tandur Proper and Mandal, Dist: Vikarabad ...PETITIONERS/RESPONDENTS 2 3 4 The Asst. Executive Engineer, Education and Welfare lnfrastructure Development Corporation office, Yalal Mandal, Dist- Vikarabad. The School Management Committee, rep., by its Head Master, MPPS. Basheermiyan Tanda,Mr. Varthya Gopal, Basheer MiyanTanda Grampanchayat and Village, Mandal- Yalal,Dist- Vikarabad. The Secretary, Gram Panchayat Basheer Miyan Tanda, Mandal- Mandal, Dist- Vikarabad ...RESPONDENTS (Respondent Nos.2 to 4 are not necessary party) 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 vacate the lnterim Order dated 15.02.2023 passed in W.P. No. 3613 of 2O23. Counsel for the Petitioner: SRI BAJRANG SINGH THAKUR Counsel for the Respondent No.1 to 4: ASST. GP FOR SCHOOL EDUCATION Counsel for the Respondent No.S: SRI DILIP SINGH THAKUR Counsel forthe Respondent No.6: SRI GURU RAJ JOSHI The Court made the following: ORDER THE HON'BT-,E SRI .IUSTICE K.LAKSHMAN WRIT PETITION No.36l3 OF 2023 ORDER: Heard Sri Bajrang Singh Thakur, leamed counsel for the petitioner, learned Asst.Govt.Pleader for School Education appearing for respondent Nos.2 to 4, Sri Dilip Singh Thakur, leamed counsel appearing for respondent No.5 and Sri Guru Raj Joshi, leamed counsel appearing for respondent No.6.

2. The petitioner is claiming that he is the absolute owner and possessor of the land admeasuring Ac.2.23guntas in Sy.No.64l l/er/ 1/1 situated at Kokat Vitlage, Yalal Mandal, Vikarabad District. In proof of the same, he has filed a copy of the latest passbook and title deed. According to the petitioner, 5'r' respondent School has occupied 400 sq.yards of the petitioner's land, constructed school and also compound wall encircling the said area without following due procedure laid down under law. Therefore, he has filed the present writ petition to declare the said action of the 5th respondent in constructing compound wall encircling the said property without following due procedure, as illegal.

3. In the counter filed by the respondent Nos.2 and 5, it is stated that 5th respondent school is constructeri in 664 sq.yards in Sy.No.64 of \ I I I I I Kokat Villagc. There is no encroachment of the land belongs to the petitioner herein. The school in Sy.No.64 of Kokat Village and the petitioner's land is in Sy.No.64ll/A/l/1, the petitioner has two more brothers. Referring to the boundaries mentioned in the letter dated 25-02.2023 of Tahsildar addressed to the District Collector, learned counsel for the 5'h respondent would contend that the land in Sy.No.64ll/erll/l is bounded by northwest: Athavulla, Samivulla and Rajvulla each Ac.2.23 guntas and East: Smt. Krishna Kumari. Except l the petitioner and his brothers, nobody is claiming the said land.

4. ln survey reporl dated 26.11.2024, it is mentioned that 5th respondent school is existed in an extent of 0.3/4 gutnas in Sy.No.64, to an extent of Ac.0.03 % guntas in Sy.No.55 and to an extent of Ac.0.01 guntas in Sy.No.59 and in total Ac.0.05 Yz guntas. When this writ petition came up for hearing on 14.10.2024, leamed Govt.Pleader for School Education informed this Court that the authorities to undeftake the survey of the total extent of land in Sy.No.64 along with its bifurcation/sub-division and file the report into the Court. Therefore, he sought time to fiie report in the Court. Thereafter, according to the learned Govt.Pleader for School Education and leamed counsel appearing for respondents, notice was issued on 18.11.2024 proposing to conduct survey on 21.11.2024. ) n 3

5. Leamed counsel for the petitioner, on instructions, would submit that the survey was conducted on 2 I . 1 1 .2024. In respect of the other interested parlies notice was not served. According to the leamed Gort.Pleader lor School Education, survey was conducted strictly in accordance with law by putting the petitioner, all interested pafties on notice and affording them an opportunity.

6. The District Education Officer has filed additional counter affidavit stating the albresaid flacts. In paragraph No.8 of the counter affidavit, it is stated that the subject school is covered with total extent of 664 sq.yards, the school was established 30 years back and also running in the same area and in the same place rvithout having any objection from anybody including the villagers and serving the villagers with Education

7. In paragraph No.9, it is stated that total extent of School is 664 sq.yards, out ol 664 sq.yards, only 90 sq.yards belongs to the petitioner which fact is also revealed after 30 years of the establishrnent of the school. For the last 30 years nobody objected regarding the land of the school. The school purely belongs to the Government but it does not belong to any person. The school is providing education generation by generation, serring the society and people of the said village without expecting anything from the villagers. I

8. Thus, 2nd respondent contended that g0sq.yards of the petitioner's propefty in Sy.No.64 ol Kokat Village is in occupation ol' the 5'h respondent school. The same was established 30 years back and school rvas also constructed 30 vears back.

9. In paragraph No.4 of the writ affidavit, the petitioner specifically contended that 1l to 12 years back, respondent Nos.3 to 5 without acquiring and paying compensation, assuring the petitioner as they would get compensation from the authorities, got constructed the school building consisting of three rooms in the part of the eastern side of his land abutting the road leading to Basheer Miyan Thanda. Till today, they have not paid any compensalion.

10. Learned counsel for the petitioner would contend that on the complaint of Sri Mithru Va(hya, sarpanch of Kokat Village, brother of Varthya Gopal, Chairman of 5th respondent school, lodged a complaint on l5.l1.2022 against the petitioner and his brothers with police, Yalal, who in turn registered a case in Cr.No. I 65 of 2022 for offences punishable under Sections 447, 427, 504 read with 34 of IPC and Section 3 of the PDPP Act. Investigation is pending.

11. Photographs filed by leamed counsel for the petitioner along with the writ petition would reveal that 5th respondent has constructqd/made repairs to compound wall recently. [t appears that r /. 5 there was some altercation between the petitioner and Chairman of the 5th respondent society and his brothers. The same lead to registration of Cr.No,l65 of 2022 against the petitioner and his brothers for the aforesaid offences.

12. As discussed supra, even as per the counter filed by 2"d respondent, the aforesaid school was constructed by occupying 90 sq.yards ofthe petitioner's properly. There is delay in filing the present writ petition. At the cost ofrepetition, as stated supra, even according to the petitioner, respondent Nos.3 and 4 constructed school l0 to 12 years back. According to the school, the land is in Sy.No.64 and according to the petitioner, it is in Sy.No.64l1/erll/l of Kokat Village. That is the dispute with regard to boundaries. There are several factual aspects/complicated questions of fact which this Court cannot consider in a writ petition filed under Article 226 of Constitution of India. ( Therefore, the petitioner herein is not entitled for any relief much less relief sought in the present writ petition. I 3. It appears that while constructing/repairing the compound wall, there was some altercation between the petitioner and others which led to registration of the said crime. Due to the same, relations were strained among them. \ 6

14. In the light of the aforesaid discussion, this writ petition is disposed of. Respondents 2 and 5 shall pursue with the complainant i.e. Sri Mitru Varthya, take steps in closing Cr.No. 165 of 2l22registered against the petitioner and his brothers. The petitioner herein shall not claim any compensation from the respondents. They shall complete the aforesaid exercise within a period of two months from the date of receipt of a copy of this order. Liberty is granted to the petitioner to fumish a copy of this order to rhe Investigating Officer in Cr.No.l65 of 2022 pending on the file of p.S. yalal, Vikarabad District. . . Consequently, miscellaneous petitions, if any, pending in this writ petition, shall stand closed. SD/.V.HARI PRASAD PIJTY REGISTRAR \ To, //TRUE COPY// \ \ U sEcTtoN oFFtcER /,/ 1 . The Principle Secretary, Educational Department, The State of Telangana, Secretariat, BRKR Bhavan, Tank Bund Road, Hyderabad 2. The District Educational Officer, Vikarabad District, Vikarabad. 3. The Mandal Educational Officer, Yalal Mandal, Dist- Vikarabad. 4. The Asst. Executive Engineer, Education and Welfare lnfrastructure Development Corporation office, Yalal Mandal, Dist- Vikarabad. 5. The Head Master, The School Management Committee, MPPS. Basheermiyan Tanda,Mr. Varthya Gopal, Basheer MiyanTanda Grampanchayat and Village, Mandal- Yalal,Dist- Vikarabad. Dist- Vikarabad

6. The Secretary, Gram Panchayat Basheer Miyan Tanda, Mandal- Mandal, 7. One CC to SRI BAJRANG SINGH THAKUR, Advocate [OPUC] 8. One CC to SRI DILIP SINGH THAKUR, Advocate [OPUC] 9. One CC to SRI GURU RAJ JOSHI, Advocate [OPUC] 10.Two CCs to GP FOR SCHOOL EDUCATION, High Court for the State of Telangana. [OUTI

11.Two CD Copies ,,re.BN/BSK [d, tP)., ".4 I I HIGH COURT DATED:1910312025 / I ORDER WP.No.3613 of 2023 :::s i.'a: J f ) (..( t 0 B APr 2025 \ DESpATCY DISPOSING OF THE WRIT PETITION WITHOUT COSTS