✦ High Court of India · 05 Mar 2025

1. lvld Ghousiya v. '1 . The State of Telangana

Case Details High Court of India · 05 Mar 2025
Court
High Court of India
Decided
05 Mar 2025
Bench
Not available
Length
1,045 words

Petition Under Article 226 of the 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, to declare the action of the Respondents in trying to evict the Petrtioners herein and other beneficiaries of phase lll of lndiramma Housing Scheme from their houses and house sites without giving any Notice or cancelling the House site Pattas granted to them in blatant violation of Article 3004 of the constitution as illegal, arbitrary, against principles of natural justice, unconstitutional and violative of fundamental rights guaranteed to the Petitioners under Article 14 and 21 of the constitutron and consequenfly direct them to not interfere with the possession of the Petitioners in the House sites granted to them. |.A.NO:1 OF 2019 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 Respondents to not dispossess the Petitioners herein from their existing houses and house sites except in accordance with raw pending disposar of the writ petition. Counsel for the Petitioners : SRI PUSA.MALLESH Counsel forthe Respondents : AGp FOR REVENUE. The Court made the following ORDER THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.4641 of 2OL9 ORDER: Heard Sri Pusa Matlesh, learned counsel appearing for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents and perused the entire material on record.

2. Learned Counsel for the petitioners submits that this writ petition is.liled by the petitioners questioning,the action of the respondents in trying to evict the petitioners herein and other beneficiaries of phase III of Indiramma Housing Scheme from their houses and house sites without giving any notice or cancelling the house site pattas granted to them in blatalt violation of Article 3OO-A of the Constitution of India.

3. Learned Counsel for the petitioners further submits that while admitting, this Court granted interim orders on

06.03.20 19 directing the respondents not to interfere with .I the fussession of the petitioners over the subject propert5i, 2 sr,J W.P-No.4647 of 2019 even if warranted, except in accordance with the due procedure laid down by law. In spite of lapse of more than 6 years, the respondents did not choose to file any counter or vacate petition in this matter for denying the averments made in the writ afhdavit and requested to direct the respondents not to interfere with the possession of the petitioners, without following due process of law.

4. Learned Assistalt Government Pleader for Rbvenue submits that the respondents will follow the procedure contemplated under law before interfering with the possession of the petitioncrs in the subject property and pass appropriate orders.

5. In view of the submissions made by both sides, the writ petition. is disposed of directing the respondents not to interfere with the possession of the petitioners in the subject property, without foilowing due process of law. There sha-ll be no order as to costs \ 6 As a sequel, the miscellaneous petitions pending, if any, shall stand closed. sr(,J W.P.No.4647 of 20 j9 ,TRUE COPYII SD/- AS A. SRINIVASA REDDY S STANT REGISTRAR To 1 2 3 4 5 6 7 ..I SECTION OFFICER \i The Principal Secretary, Revenue Department Sechlariat Building, State of Telangana at Hyderabad. The District Collector, Jangaon District, Jangaon, Telangana. The Revenue Divisional Officer, Jangaon Division Jangaon District, Telangana. The Tahasildar, Jangaon Mandal Jangaon District, Telangana. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT] One CC to SRI N.S.ARJUN KUMAR, Advocate [OPUC] Two CD Copies 1 SA GJP \q- I o l, i HIGH COURT DATED:0 5t03t2O2S ORDER r{e STAI C. o ( q J3 2E HAY 2[25 WP.No.4641 of 2O1g i PFsr..rc DISPOSING OF THE W.P WITHOUT COSTS. 10 cot(eb Y{^' Ao\-

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