Mohammad Ajju v. The Singareni Collieries Co Ltd

Petition under Section 1 5'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner in the residential house vide H.No.5-3-47, situated at Nargunkar Nagar, Chunchupalli Grampanchayat, Kothagudem, Bhadradri Kothagudem District including in the re pair/reconstruction of the house destroyed by the 3rd respondent in the interest of justice. Counsel for the Petitioner: SRI P. RAMA SHARANA SHARM.A Counsel for the Respondents: SRI P. SRI HARSHA REDDY (SC FOR SINGARENI COLLIERIES CO LTD) The Court made the following: ORDER / '/r I ORDER: HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.415O of 2025 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 oeti oner aooroached the Court seekino Draver as u n 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.5-3-47, 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 including in the repa irlreconstruction of the house destroyed by the 3'd respondent in the interest of justice and to pass such other and further orders as the Honourable Court may deem fit and proper in the circumstances of the case. "

3. The case of the petitioner, in brief, is that, the petitioner ls the owner of a residential house bearing H.No.5-3-47, situated ( i Nargunkar Nagar, Chunchupalli Grampanchayat, Kothagudem, Bhad radri-Kothagudem District, which was purchased through a 2 sada sale deed for a valuable consideration on 17.ll.2OL6 from Sri Sayyad Youtu. Since the purchase of the said house, the petitioner had been in peaceful possession of the property and paying property taxes under assessment number 3857. On 02.02.2025, respondent No.3, without prior notice or legal process, demolished the petitioner's residential house using a JCB machine, causing irreparable damage to the property further, the Respondent No.3 claimed the petitioner property was part of Singareni Collieries Company Limated (SCCL) land and is not allowing the petitioner to carry out repair work on the property.

4. Aggrieved by the action of respondent No.3 in demolishing the petitioner's residential house vide H.No.5-3-47, situated at Nargunkar Nagar, Chunchupalli Grampanchayat, Kothagudem, Bhadradri-Kothagudem District, and trying to dispossess the petitioner from the subject property, the petitioner has approached this Court by filing the present writ petition.

5. Learned Standing Counsel for Singareni Collieries, appearing on behalf of the respondents, upon instructions, submits that the prayer sought by the petitioner is many fold. The petitioner seeks a direction not to interfere with the petitioner's peaceful possession and enjoyment of the subject property and also seeks a direction to / -) the respondents not to interfere with the repair/reconstruction of the house which had been destroyed by respondent No.3. However, the petitioner has to necessarilv out-forth the oetitioner's orievance to the resoondents herein, but the oetitioner failed to do so and has not reoresented to the resDondents as on date. Therefore, no mandamus lies aqainst the respondent-Comoa nv.

6. Learned counsel appearing on behalf of the petitioner does not dispute the said submission made by the learned Standing Counsel for Singareni Collieries, appearing on behalf of the respondents, and submits that the petitioner would approach respondent No.3 by making a detailed representation, putting forth I the petitioner's grievance as put-Forth in the present writ petition with a prayer requesting the respondent No.3 not to interfere with the petitioner's peaceful possession and enjoyment of the petitioner's house bearing H.No.5-3-47, situated at Nargunkar Nagar, Chunchupalli Grampanchayat, Kothagudem, Bhadradri- Kothagudem District, and not to interfere with the repa irlreconstruction of the subject house which had been destroyed by respondent No.3. 7 Takino into consideration: i I \ 1 (a) The aforesaid facts and circumstances of the case, (b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Standing Counsel for Singareni Collieries, appearing on behalf of the respondents and, (c) The fact as admitted by the learned counsel appearing on behalf of the petitioner that the petitioner has not represented to the respondents herein, nor put-forth the petitioner,s grievance in writing to the respondents as on date, the petitioner,s g rieva nce The Writ Petition is disposed of, directing the petitioner put-forth put-forth in the present writ petition, seeking a specific prayer against respondent No.3 not to interfere with the peaceful possession and enjoyment of the petitioner,s house yr-de H.No.5-3-47, situated at Nargunkar Nagar, Chunchupalli Grampanchayat, Kothagudem, Bhadradri-Kothagudem District, and also not repair/reconstruction of the subject house which had been destroyed by respondent No.3, within a period of one (1) interfere with / 5 week from the date of rece'pt of a copy of this order and upon the petitioner making the said representation to the respondent No.3, upon receipt of the said 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 miscetlaneous petitions' if any pending' in the Writ Petition shall also stand closed ' /ITRUE COPYI' A SI ooir''#ot'Ellffi ECTION OFFICER , Singareni Bhavan' Kothag ni Collie udem. ries Co Ltd., OPUCI t Collieries CO LTD) To,

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4. 6 6 TJ GJP HIGH COURT DATED:1410212025 ORDER WP.No.4150 of 2025 (.( o o '1 t \ .r c. i r,,.,; (' o ( '.1 / 27 rtAY 2W PATC ueo DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ UL yoP{[t'S