M/S.BALAJEE ARUN EDUCATIONAL SOCIETY v. 1. THE STATE OF TELANGANA

Petition Under Article 226 of the Constitution of lndia praying that in the circumstaRces staled in the affidavit filed therewith, the High Court may be pleased to pass an order, direction or writ more particularl y one in the nature of writ of mandamus declaring the high-handed and illegal action of the Respondents-in-try-ing-to interfere with the pea-ceful possEssio-n-End -enjo-yment over lhe Part of Plot No.12 admeasuring 305.55 sq.yds, Plot No.16 admeasuring 3BB sq.yds, Part of Plot No.17 admeasuring 311 sq.yds and Plot No.'lg .. i!i.,;.-tr., i Itr-ir...L.&r 7 admeasuring 377.77 respectively, Sy.Nos.7419 in the layout of The Sevamandal Society Limited, sltuated at Mahendra Hills, East Marrec 1 ally, Secunderabad thereby trying to remove the fencing erected encircling ir without issuing any notice or without following the due process of law as it b€ ng illegal, arbitrary, unco nstitu tio na I and in violation of principles of natural jusli e and consequently direct the Respondents not to interfere with the peac: ul possession and bnjoyment of Petitioner over it thereby trying : to remove :he fencing erected encircling it. !.A.NO:1 OF 2021 Petition Under Section 151 CPC praying that in the ci. umstances stated rn the affidavit filed in support of the petition, the High Cou - may be pleased to DIRECT the Respondents not to interfbre with the pear; rful possession and enjoyment of the Petitioner over the Part of Plot No.12 rdmeasuring 305.55 sq.yds, Plot No.'16 admeasuring 3BB sq.yds, Part of Plot No 17 admeasuring 311 sq.yds and Plot No.19 admeasuring 377.77 rcspectively, Sy.Nos.74lg in lhe layout of The Sevamandal Society Limited, situated at lt ahendra Hills, East Marredpally, Secunderabad including removal of fencing :ncircling the above property. Counsel for the Petitioner : SRI G.RAJESHWAR REDDY Counsel for the Respondent Nos.1 to 4 : SRI K.R.KOTESII VAR RAO, AGP FOR REVENUE Counsel forthe Respondent No.5: SR! G.MADHUSUDHAII REDDY, SC FOR GREATER HYDERABAD MUNICIPAL CORPORATION The Court made the following ORDER .. :*rat,:,ii;t,il.i. ., : !.i IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.6193 of 2O2L THE 29th DAY OF DECEMBER 2025 Between: M/s.Balajee Arun Educational Society Represented by its Chairman M. Komaraiah AND ...Petitioner The State of Telangana, Rep. by its Principal Secretary, Department of Revenue and Four others. :ORDER: ...Respondents I-Ieard Sri G.Rajeshwar Reddy, learned counsel appearing for the petitioner, Sri K.R.Koteshwar Rao, learned Assistant Government Pleader for Revenue, appearing for respondent Nos.1 to 4, Sri G.Madhusudhal Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation, appearing for respondent No.S and perused the materia l on record.

2. Lezrrned counsel for the petitioner submits that while admitting, this Court granted interim orders on O8.O4.2O21 2 X directing the respondent No.3-Tahsildar not t: interfere with the possession of the petitioner in the subje<: property. In spite of lapse of more than 4 Yz years, the rt: ipondent No.4 did not choose to hle counter in. this. matter ,,r denying the averments made in the writ affidavit and mcr eover pending writ petition, this Court disposed of W.P.No.: )106 of 2010, which was filed against thc orders in LGC No. >7 of 1997, on

28.05.2025. In view of the salare, he requeste: this Court to direct the respondents not to intcrferc with the possession of the petitioner, without following due process o1 aw

3. On the other hand, learned Standing Cour Lsel appearing for respondent No.5 would subrnit that resp:edent No.S is nr.lt interfering with the property of the petit oner and the application made by the petitioner for c: nstruction of compound wall in plot No.i6 in Sy.No.74/9 i: Seva Mandal Society Limited, situated at Mahendra Hills, East Marredpally, Secunderabad Cantonment, was returned uide orders dated 12.03 .2021.

4. Learned Assistant Government Pleade:- for Revenue submits that the respondents will follow t he procedure contemplated under law before interfering with the possession of ttre petitioner in the subject property and pass appropriate orders.

5. In view of the submissicns made by learned Counsei on either sides, this Writ Petition is disposed of directing the respondent authorities not to interfere with the possession of the petitioner over the subject property, without following due procedure oflaw. There. shall be no order as to costs.

6. Miscellaneous Petitions, if any, pending in this '"t'rit petition shall stand closed. //TRUE COPY// SD/.P. PONNA KRISHNA S ISTANT REGIS ECTION OFFICER riat, State Of To SA

1. The Principal Secretary, Department:of Revenue, S Telangana at Hyderabad.

2. fHE DISTRICT COLLECTOR, Hyderabad District, Having its Office at. Nampally, HYderabad.

3. THE TAHSILDAR, Marredpally Mandal, Secunderabad. 4. The Chief Executive Officer (CEO), SECUNDERABAD CANTONMENT BOARD, Court Compound, S.P.Road, Secunderabad - 500 003.

5. The Commissioner, GREATER HYDERABAD IvIUNICIPAL CORPORATION, Lower Tank Bund Road, Hyderabad.

6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

7. One CC to SRI G.RAJESHWAR REDDY, Advocate [OPUC] B. One CC to SRI G.MADHUSUDHAN REDDY, SC FOR GREATER HYDERABAD MUNICIPAL CORPORATION, Advocate (OPUC)

9. Two CD CoPies HIGH COURT DATED:291121202s I , -l '--=-* rilt $tui.;\.- 'c;\r\. 'aa,f ';'. tl/t !ii !w;/ ""'9/ -4-- ,.ii frg i /':)+' 'i-) -_ * l ORDER WP.No.6193 of 2021 DISPOSING OF THE W.P WITHOUT COSTS. t.l fle bL 1