Padmavathi v. The Singareni Collieries Co Ltd

Petition under Artlcle 226 of the 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 direction or writ in the nature of Mandamus duly decladng the action of the 3'd respondent in demolishing the residential house vide H.No.5-3-48, situated at Nargunkar Nagar, Chunchupalli :Grampanchayat, Kothagudem, Bhadradri Kothagudem District, and trying to dispossess from the same without any manner of right or without any prior notice or intimation, as illegal, arbitrary and against the principles of natural justice as well as rights under Article 300(4) of constitution of lndia, and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner in the above property and direct the respondents to consider the representation dated

24.12.2024 for reconstruction of the house destroyed by the 3,i respondent in the interest of justice lA NO: 1 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 preased to direct the respondents not to interfere with the peacefur possession and enjoyment of the petitioner in the residentiar house vide H.No.5-3-4g, situated ert Nargunkar Nagar, chunchupalli Grampanchayat, Kothagudem, Bhadradri Kothagudem District and direct the respondents to consider the representation daied 24.12.2024 for reconstruction of the house destroyed by the 3'd respondent in the interest of justice. Counsel for the petitioner: SRI p. RAMA SHARANA SHARMA Counsel forthe Respondents: SRI p. SRI HARSHA REDDY, SC FOR SINGARENI COLLIERIES The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT P ON No.4235 oF 2025 ORDERi Heard Sri P. Rama Sharana Sharma, learned counsel appearing on behalf of the petitioner and Sri P. Sri Harsha Reddy, learned Standing Counsel for Singareni Collieries, appearing on behalf of the respondents,

2. The Detita oner aDDroached the Court seekino oraver asu der: "...to pass an order or direction or writ in the nature of Mandamus duly declaring the action of the 3'd respondent in demolishing the residential house vide H.No.5-3-48, situated at Nargunkar Nagar, Chunchupalli Grampanchayat, Kothagudem, Bhadradri Kothagudem District, and trying to dispossess from the same without any manner of right or without any prior notice or intimation as illegal, arbitrary and against the principles of natural justice as well as rights under Article 300(4) of Constitution of India, and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner in the above property and direct the respondents to consider .the representation dated 24.L2.2O24 for reconstructibn of the house destroyed by the 3i9 .respondent in the interest of justice arld'to pass such other and further orders as this Honourable Court may deem fit and proper in the clrcumstances of the case." \F-'---1 ! 2

3. The case of the petitioner, in brief, is that the :etitioner is the owner of a residential house bearing H.No.5-3-.18, situated at Babu Camp, Chunchupalli (Mandal) Granrpanchayat, Kothagudem, Bhadradri Kothagudem District, and the same was purchased through a sada sale deed for a valuable sale consideration in 1986 from the petitioner,s father. The petitioner had been in peaceful possession of the property for over three decades. Due to the death of the petitioner,s grandfather and paternal uncle, the petitioner temporarily moved to a rented house in 2O2.1 for repairs, which were deiayed due to financial constraints. Taking advantage of the petitioner,s absence, respondent No.3 demolished the petitioner,s house in 2024, claiming the property as part of Singareni Collieries Company Limited (SCCL) land, despite the plot being surrounded by private houses. The petitioner made a representation to respondent No.3 on 24.12.2024, requesting permission to rebuild the house, however the same was not considered. Aggrieved by the action of respondent No.3 in dentolishing the petitioner's residential house bearing H.No.5-3-48, situated at Babu Camp, Chunchupalli (Mandal) Gra rrpanchayat, Kothagudem, Bhadradri Kothagudem District, and trying to J dispossess the petitioner from the subject property, the present writ petition is filed. Learned counsel appearing on behalf of the petitioner If. submits that the petitioner made a representation dated 24.12.2024 for reconstruction of the house destroyed by respondent No.3, however no action had been taken by the respondents. Learned Standing Counsel for Singareni Collieries, 6 appearing on behalf of the respondents, submits that the Writ Petition could be disposed of directing the petitioner to make a fresh representation to the respondents and the respondents would consider the same in accordance to law, within a reasonable period, since more than an year elapsed, the petitioner had made the representation dated 24'72'2024 lo the 3'd respondent herein. Learned counsel appearing on behalf of the petitioner does 6 not dispute the said submission made by the learned Standing Counsel for Singareni Collieries, appearing on behalf of the respondents. \- \\ -' .l \.. \ \.\ 4 1- Takinq into consideration: (a) The aforesaid facts and circumstances of the case, (b) The submissions made by the learned counsel appearing on behalf of the petataoner and the learned Standing Counsel for Singareni Collieries, appearing on behalf of the respondents, The Writ Petition is disposed ot, directing the petitioner to put-forth the petitaoner,s grievance as put- forth in the representation dated 24.\2.20.24 arlld also in the present writ petition seeking a specific prayer against respondent No.3 requesting permission to rebuild petitioner's house vide H.No.5-3-4g, situated at Nargunkar Nagar, Chunchupalli Grampanchayat, Kothagudem, Bhadradri-Kothagudem District, and also not to interfere with the repair/reconstruction of the subject house which had been destroyed by respondent No,3, within a period of one (1) week from the date of receipt of a copy of this order and upon the petitioner making the said representation to the respondent No,3,, and upon 5 receipt of the saad representation, the respondent No.3 is directed to consider the same and pass appropriate orders in accordance to law, within a period of two (2) weeks thereafter and duly communicate the decision on the said representation to the petitioner. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any pending. in the Writ Petition shall also stand closed. //TRUE COPY// SD/-S. MALLIKARJUNA RAO ASSISTANT REGISTRAR \ \--- SECNOh OFFICER I To, Lakdikapul, HYderabad.

1. The Managing Director' The Singareni Collieries Co Ltd' Singareni Bhavan' ,. i[; Di;I*i C6rr""tor, Bhadradri Kothag-udem District' Kothasudem' 5. ii;; 6;;;;irr,rrnig"r, teslitJsl nLiobffice, sinsareni collieries co. Ltd., 4. iil; s;;;;i;r, ir," Cn,i,iiiii,-rlalli Grampanchavat' chunchupalli' Bhadradri Bhadradri Kothagudem District' Kothaoudem District. o".lttiJ sri one CC to Sri P. sri uarsna'iieioi,' sC?"''si"g;Ani'collierieslopUCl Two CD CoPies 'F. nr., Sharana Sharma, Advocate [oPUCl 5 6 7 TJ GJP l I HIGH COURT DATED:1410212025 ORDER WP.No.4236 of 2025 -f HE sri Ro k o 10lul (\ zffi i- t L \. ;-r ' 1q,1[O -_.=_ .l a DISPOSING OF THE WRIT PETITION WITHOUT.COSTS qcoP("\ #n"