✦ High Court of India · 18 Feb 2025

High Court · 2025

Case Details High Court of India · 18 Feb 2025
Court
High Court of India
Decided
18 Feb 2025
Length
1,083 words

1 yF yqyu |SRAEL, S/o.Vemu Deva Danam, Age. 50 years, Occ. Business, 2. slur.MlDALA PUSHPA, wo.M.Karunakar, Aged about 40 years, occ. House 3. Smt.U-.ILAMMA, W/o. U. BALARAMULU, Aged about 46 years, Occ. House 4- Smt BOLLEDDU RUpA, Wo.B.Kishore, Aged 23 years, Occ. House Wife, 5. Smt. VEMU LAVANYA, W/o.V. Bhaskar, Aged about 30 years, Occ. House 6. Smt. VEMU SUSAN ?t^Vy4._Wlg Joy Stiven, Aged abour 20 years, Occ 7. Smt. BANDART K|RTHI V|CTOR|A, Wo. SHALOM, Aged about 21 years, House Wife, Rt/o. H.No.20-1 005/A,r.l, Wife, R/o.H. No .20-gS1 I At 1, R/o.H.No.20-999/4/'1, Occ. House Wife, R/o.H.No .2O-9971N1, House Wife, R/o. plot No.105 & 135 B. Smt. SHAIK AMINA BEE, W/o. Shaik Khaja, Aged about.43 years, Occ. 9. Smt. U. . Mounika, D/o. U. Balaramulu, Aged about.25 years, Occ. pvt. Employe'e, R7o. Plot No.188 & .187 (Pelitioners 1 to g are .R/o.-sHANTHT NAGAR, JAWAHAR NAGAR viilaoe and lvlunicipality, Kapra Mandat, Medchat_Matka;giii DistiiJt, ie6;;;;; 5i;1;' '10. lt//s. LIGHT OF L|FE GOSPAL IU|N|STR|ES CHURCH, Rep. by its pastor VEMU tSRAEL, S/o. Vemu Dgya Da1am, nge.so Veaib, o[".-F"rioi,-ili. PIot No.1, situated at SHANTHT NAGAR, .lAwAnen r.rhcAii viriii.i I\ilunicipatity, Kapra IVandat, Medchat-Matkajgiri DistriciTetarga;; Si;t;- ""' "ro AND 1 2 a I!:_Sl_q!" of Telangall Represented by its principal Secretary, Revenue uepartment, Secretariat Buildings, Hyderabad The District Collector, Medchal Malkajgiri Dist, Telangana The Revenue Divisional Officer, Keesara, Medchal Malkajgiri Dist, Telangana ...PETITIONERS g

4. The T;ahsildar cum [\,4andal Revenue Malkajg iri Diqt, Telangana. Officer, Kapra Mzrndal, Medchal 5 Sri DOI'ITHAG,\Nl KOTESH GOUD, S/o. D.SAMBHA.|AH GO.JD, aged about tQ years, Occ Business, Rt/o. H.No.10-62111, Sri Ram Nagai Colony, J.AWAFTAR NA3AR Village & tr/lunicipatity, Kapra lvtandal, N/e(jchat-Malkajgiri District, Telang a na. .,.RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstance:; state(l in the affidavit filed therewith, the High ,3ourt may be pleased to issue an :rder or orders more particularly one in the n,rture of Writ of [\/andamus derclaring the acts of the personnel of 4th respondent office with aid and influence bv I\,4r.[).Kotesh Goud who is husband of local coun,sellor (political leader) who have illegally tress passed in to subject lancl and threatened us to demolish our houser; if we won't pay them money i.e residerrtial colony in Gramakantam,land stuated at "SHANTHI NAGAR", JAWAHAR NAGAR Village, under JAWAI-IAR NIiGAR MUNICIPAL CORPORATION, Kapra I\4andat, Sub- District shamirpet, tv 3dch a l-tvla lkajgiri District, Telangana is totall',, arbitrary and illegal and violation cf Principles of Natural Justice and consequern y direct the respondent No.4 & 5 not to interfere with peaceful possession an(l enjoyment of petitioner's respectiv; houses on the subject plots i.e. residerrtial colony in Gramakantam land s tuated at "SHANTH| NAGAR", JAWAHAR N,I\GAR Village, under JAWAFTAR NI.GAR IVUNIC|PAL CORPORAT|ON, Kapra Mandal, Sub- District Shamirpet, I\4edchal-Malkajgiri District, Telangara in tt,e interest of justice. lA NO: 1 OF 2025 Petition under lection 151 CPC praying that in the circums;tances stated in the affidavit filed in support of the petition, the High court may rle pleased lo direct the respondenl No.4 not to interfere with peaceful poss,:ssion of the petitioners on the sr bject land i.e. residential colony in Gramilkantam land situated at "SIIANTH NAGAR", JAWAHAR NAGAR Village, undr:r JAWAHAR NAGAR MUNICIPAL CORPORATION, Kapra Mandat, lVedr;hat-Malkajgiri District, Telangana. Counsel for thr-' Petitioners: SRI MOSHE MARPU Counsel for th{} Respondent No.1 to 4: GP FOR REVENUE The Court made the following: ORDER r HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.4643 of 2o25 ORDER: It is stated that the petitioners are the landless poor persons and belong to Backward, Scheduled Caste and Scheduled Tribe Community and they are residing in the,plots situated at Shanthi Nagar, Jawaharnagar Village, Kapra Mandal, Medchal-Malkajgiri District by raising small dwe-lling units for the last 15 years and they have also obtained power supply and water supply connections. The grievance of the petitioners is that at the instance of respondent No.5, who is the husband of Ex-Corporator, respondent No.4 and the municipal authorities are frequently interfering with their peaceful possession and making efforts to dispossess them.

2. Considered the submissions of the learned counsel for the respective parties and with their consent, this writ petition is being disposed of at the admission stage.

3. This Court has verified the documents hled in support of the writ petition. Except stating that the petitioners are residing in the subject houses since long time, the petitioners have not frled any valid document to show that they are the title holders I i Y- -' '1 \ -I 2 CVBR, J Wp 4643 2025 Cou;-t, matter, of the said property. Further, rt is statcd by tl-re learned Assistant (lovernment pleader for Revenue that in ttre revenue records, Lhe nature of the subject property tras beer. classihed as (lramar(antam Land/Government Land. Ther,,:fore, this witlrout expressing any opinion on the mer.its of the der ms it appropriate to dispose of this wri - petition, directing tl e respondent authorities to follow clue l:rrocess of law, if the petitioners are found to be in possessi,:rn of the subject prc perty. If the pedtioners are not hauing any docurnents :o establish their rights over the subject property, the r,:spondent authorities are at liberty to rnitiate ilction in accorrlancc ,vith law by putting the petitioners on noti:c before passirrg orde -s o[ eviction.

4. With tlre above obserwations, this Writ pe tition is disposed of. There shz ll be no order as to costs. 5 r\s a se quel, the miscellaneous petitions pending, if any, shall stancl cl tsed To, //TRUE COPYII sD/- P. A PADMANAB ISTANI' R SS \ HA REDDY EGISTRAR SECTlON OFFICER 1 I?:".5llo:'r.1!"so";;"t,v,,R",un,"Departm 2. The District Coll-.ctor, Medchal Malkajgiri Dist, Telangana 3' The Rev'-'nue Divisionar officer, Keesara, Medchar Markajgiri Dir,;t, Terangana t il:?-,[1ll'J*?,1":iT,,{x?X,r Revenue orncer, Kapra r\4an,rar, Medchar Secreta.iat Buildings,

5. One CC lo SRt I\IOSHE IVARPU, Advocate tOpUCl ,---- --::::==:-: REVENUE' Hish court for the state of relansana at I t 7 BSR GJP lls":rt:Jiotir,'o* Two CD CoPies M/ HIGH COURT DATED: 18102;2025 t \ ORDER WP.No.4643 of 2025 t EL4 \,,\ '1, Fli ,. 1l I \F ,-) a .$ rr. 0 n *\\s (o \ o,. ii !) \H + t I DISPOSING OF THE WRIT PETITION, WITHOUT COSiTS Utfr' 1r'

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