High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents 2, 3, 4 and 5 in not considering the representation of the Petitioner dated. 2311011978 as being illegal, arbitrary and unjust and consequently direct the respondents 1 to 4 to issue Pattadar Pass Book to the Petitioner. lA NO: 'f OF 2020 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 direct the Respondent No.2,3,4,5, to not to disturb the peaceful possession and enjoyment of the petitioner lands admeasuring 890 Sq.Yds. in Survey No.76, of Chinna Thokatta Village, Anand Nagar Colony, New Bowenpally, Secundeiabad 500 011 , Telangana State, pending disposal of the Writ Petition. lA NO: 1 OF 2022 Between: The Chief Executive Officer, Secunderabad Cantonment Secunderabad - 500 003, Telangana State. Board, ..PETITIONER AND

1. 9qlgqru Raju, S/o late B Veeraiah, aged 38 Yrs, Occ. Agriculture, -Colony,' H.No.'l-1 1-1'14, Chinna Thokatta Villagi, Sanjeeva Nagar Bowenpally, Secunderabad - 500 01 'l , Telangana State. Ri/o New

2. The State of .Telangana, Rgp, by Principal Secretary, Revenue Department, Secretariat, Hyderabad - 500 001 , Telanlana State.

3. The District Collector, O/o The Hyderabad Collectorate, Hyderabad 500 001, Telangana State.

4. The Revenue Division Officer, Hyderabad District, paradise X Roads, Secunderabad - 500 003, Telangana-State.

5. The Mandal Revenue Officer, O/o The Mandal Revenue Office, Trimulgherry, Secunderabad 500 0'l 5, Telangana State. ..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 order of Status Quo dated 29.03.2022 passed in l.A. No. 1 of 2O2O in wP No.4020 ot 2o20 and dismiss the writ petition with costs, in the interest of justice under the circumstances of the case. Counsel for the Petitioner: SRl PETER ISRAEL Counsel forthe Respondent No.1 to 4: AGp FOR REVENUE Counsel for the Respondent No.S: SRt K.R.KOTESWARA RAO, SC FOR SCB The Court made the following: ORDER ;l 1 SK, J W.P.No.4O2O of 2O2O THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.4O2O ot2ozO ORDER: This writ petition is hled questioning the action of the respondent Nos.2 to 5 in not considering the representation of the petitioner dated 23.10.1978 as illegal and arbitrary

2. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and learned Standing Counsel for the respondent No.5.

3. Learned Counsel for the petitioner submits that the ancestors of the petitioner were the original owners and possessors of total lald admeasuring to an extent of 890 sq. yards ln Sy.No.76 of Chinna Thokatta Village, Anand Nagar Colony, New Bowenpally, Secunderabad, since 1955 till date. The respondent No.3 herein hled L.G.C.No.79 of 1991 on the file of the Special Court under A.P. Land Grabbing (Prohibition) v 2 SI(, J W.P.No 4O2O of 2020 Act at Hyderabad, against the graldfather of the petitioner and others and the sarne was allowed on

10.09.1993 directing the grandfather of the petitioner and another to deliver vacant possession of the lald in their occupation in Sy.Nos.76 and 77 after removing the constructions therein, to the Government within a period of two months from the date of the order, however liberty 1S granted to consider the representations of the respondent Nos.1 and 3 therein if any pending before the Government. He submits that though the representation of the grandfather of petitioner dated 23.10.1978 1S pending before the Government, no action has been taken and requested to direct .the respondents to consider the said representation and pass appropriate orders as per law.

4. Learned Assistant Government Pleader for Revemre and learned Standing Counsel for the respondent No.5 submit that the petitioner wanted to dispose of the representation of his grandfather a SK, J W.P.No.4O2O of 2O2O dated 23.10.1978, but taking into account of the subsequent events, the same cannot be considered by the respondents at this stage arrd moreover, the petitioner has remedy to approach the competent civil Court to adjudicate his right by filing a civil suit for declaration of title and the writ petition is not maintainable and requested to dismiss the writ petition.

5. After hearing both sides and perusal of the record, this Court is of the considered view that as the petitioner is seeking to consider the representation of his grandfather dated 23.10.1978 and taking into account of the subsequent proceedings in the Land Grabbing Court, this Court cannot direct the respondents to consider the said representation. However, the petitioner is at liberty to approach the competent civil Court 1e agitate his rights. In the instant writ petition, this Court cannot give any direction in favour of the petitioner l I 4 SK, J W.P.No.4020 of 2020

6. In view of the above, the Writ Petition is disposed of grantipg liberty to the petitioner to approach the competent Civil Court for appropriate relief as per his rights. No order as to costs

7. Miscellaneous Petitions, if any pending in this writ petition, shall stand closed. /ffRUE COPY// ,. ^l D SD/. K. AMMAJI PUTY REGISTRAR SECTION OFFICER

1. The Principal Secretary, Revenue Department, Secretariat, Hyderabad - 500 001 , Telangana State.

2. The District collector, o/o The Hyderabad collectorate, Hyderabad 500 001, Telangana State.

3.TheRevenueDivisionfficer'HyderabadDistrict,ParadiseXRoads' Secunderabad - 500 003, Telangana State.

4. The Mandal Revenue officer, o/o The Mandal Revenue office, Trimulgherry, Secunderabad 500 015, Telangana State.

5. The Chief Executive Officer, Secunderabad Cantonment Board' Secunderabad - 500 003, Telangana State.

6. one cc to sRi PETER ISRAEL, Advocate toPUCl 7. One CC to SRI K.R.KOTESWARA RAO, SC FOR SCB [OPUC] 8.TwoCCstoGPFORREVENUE,HighCourtfortheStateofTelanganaat To, \ \ I BSR GJP Hyderab.aQ [OUT] Two CD Copies s HIGH COURT DATED:0410312025 ORDER WP.No.4020 ot 2020 SEH 1 I,{ I ( u^ J o (.) AI 2 BP 2025 t Dp .Sr1're ugo I DISPOSING OF THE WRIT PETITION, WITHOUT COSTS @.-iq W