l\rlls. Sprng^ Transform Sr v. I I!:-Slgiq of Telangana

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or a direcrion more particurarly one in the nature of writ of Mandamus decraring the action of the Respondent No.4 in threatening to enter into the land of the petitioners admeasuring . Ac. 1g-44 cents in sy No.33 of Muthyalampally Virrage, Addakar Mandar, Mahbubnagar District and forcibry evict the Petitioners upon issuance of the Notice dared 30101t2025 directing the petitioner to vacate all the alleged obstructions from the alleged Naksha Bata by 1310212025 from the subject rands without foilowing due process and providing opportunity of hearing to the petitioners as being wholly high handed. illegal, a.bi]Jary and violative of the principles of Natural Justice and to consequenfly set aside the same. lA NO: 'l OF 2025 Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in pursuance of the lmpugned Notice daled 3010112025 issued by the Respondent No.4 pending disposal of the above writ petition. Counsel for the Petitioner: SRI P. SRI RAM Counsel forthe Respondents: GP FOR REVENUE The Court made the following: ORDER -./,/// HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.44L4 of 2o25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: '....to issue a uLit ord.er or a d"irection more parlianlarlg one in the niirr. o1 Wit of Mandamus declaing the action of the of the iespondint No.4 in threatening to enter into.the itition"r, admeasuing lc.Ia'+q cents in sg'No'33 of Uuiiyolo pottg Village,-Addakat Mandal, Mahbubnagar Distict- ';;|;;;ii; ;;Lt *e "petitioners upon i'ssuance of the. Notice dated iioi|ltzois directing the petitioner to uacate alleged oi"t*"tiont 1-m the allegei Naksha Bata bg 13/02/2o25 fr-ory tii ""ai*t iands withoit fottouing due process and prouiding .ipiiii;ta of LLeaing to ile petiiioners as being uthollg high -iiia"i, iitegit, aruitira anrT uiolatiue of the Principles of Natural Justice'and1o consequentlg set aside the same""" ^all ^the ^land 2 Considered the submissions of the learned counsel for the respective parties and perused the record'

3. The petitioner-company claims to be the owner ard possessor of land admeasuring Ac'18-44 cents in Sy'No'33 situated at Muthyalampally Village, Addakal Mandal' Mahbubnagar District, having purchased the same through va-rious registered sale deeds and the subject land has also been mutated in the name of the petitioner company uide proceedings No.B/1O152/2016, dated 30'11'2016' The case of I i _i"l 2 the petitioner company is that a complaint has been frled against it by some of the villagers before respondent No.4 stating that it has constructed fencing across the Naksha Bata and occupied the way, which is causing inconvenience to respondent No.4 issued attend their agricultural works; basing on the said complaint, ". notice uide File No.TO/A/PV/0026/2022, dated OL.O7.2022 under Section 7 of the Telangana Land Encroachment Act, 19O5, (for short 'the Act') stating that the Mandal Revenue Inspector, Addakal.and Mandal Surveyor, Addakal inspected the premises of the petitioner company and reported that the petitioner company has erected the Solar Plates in Naksha Bata without any entitlement and directed to vacate the obstructions from the Naksha Bata within seven days from the date of receipt of the notice, othenvise action would be taken as per Sections 5 or 6 of the Act without any further notice. It is the further case of the petitioner questioning the said notice, it has filed W.P.No.28483 of 2022 before this Court and t]le same was disposed of vide order dated 04.17,2024 directing it to submit an explanation to the said notice within a period of l5 days and on submitting the explanation, the respondents are , r'* l directed to conduct survey within a period of three (3) months, after issuing notices to the petitioner as well as the adjacent land owners; and in pursu€rnce of the said directions, it has submitted explanation dated, t2.12.2O24 and acting on the said explanation, a survey has been conducted by the Marrdal Surveyor on 10.01.2025, but no survey report has been provided with regard to the outcome of the said survey. The grievance of the petitioner is that respondent No.4_the Tahsildar issued notice dated 30.Ol.2O2S directing to rerrove the alleged encroachments in the subject land to al extent of Ac.O-2O guntas being covered by the Solar plates; and if respondent No.4 dispossess or evict it from the subject land, it would be put to irreparable loss.

4. Prima facie, it appears that a copy of the survey report has not been furnished to the petitioner to enable it to submit I I its objections and to establish that the subject land covered by the Solar Plates to an extent of Ac.O-20 guntas is not forming t , part of the Government Naksha Bata (Cart Track) and the said action on the part of the respondents in not furnishing survey report to the petitioner is violation of the principles of natural l i I x 4 justice and the impugned notice dated 3O.O1.2O25 is liable to be set aside.

5. Accordingly, this writ petition is allowed setting aside the impugned notice, dated 30.01.2025. The respondents are directed to fu rnish all the documents, rvhich are required to the petitioner for submitting its objections before respondent No.4 by enclosing the survey report. On filing such objections, the respondents shall pass a reasoned order within a period of four (4) weeks from the date of filing such objections, after providing an opportunity of hcaring to the petitioner. Till Such time, the res;pondents are directed not to take any action against the petitioner. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand ciosed. //TRUE COPY// SD/.P. PADMANABHA R ASSISTANT REGI DY RAR ISECTIO FFICER \ To, 1 . The Principal Secretary, Revenue Department' Secretariat' Telangana State' '' ine stat"btrelanganb, Hyderabad'

2. The District Collector, Mahabubnagar District' Telangana' 3.TheRevenueDivisionofficer,MahabubnagarDistrict,Telangana.

4.TheTahsildar'AddakalMandal,MahabubnagarDistrict,Telangana- 5. One CC to Sri P. Sri Ram' Advocate IOPUC] 6. Two CCs to GP for Revenue, High Court for the State of Telangana' at Hyderabad [OUT]

7. Two CD CoPies TJ BS l HIGH COUR]r DATED:14l0Zt2O2S ORDER ,.( HE ST4r (L o i:l,c i'J ? 1 tiL 2$6 I 1l a.\) WP.No.4414 of ZOZi -t I ALLOWING THE WRIT PETITION WITHOUT COSTS \ 7n €