High Court · 2025

Sri Vemula Satyanarayana, S/o. Akkapelli, Age 56 years, Occ. Business, R/o.H.No.5-2, Dharmapuri Village and Mandal, Jagityal District. ...PETITIONER AND 1 The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Telangana Secretariat, Hyderabad.

2. 3 The Tahsildhar, Dharmapuri Village and Mandal, Jagityal District. The Revenue lnspector, Dharmapuri Village and Mandal, Jagityal District. ...RESPONDENTS 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 pass an order or orders one in the nature of WRIT OF MANDAMUS declaring the without notice neither due process of law interference for the construction of ,Ground Floor + 1 Upper Floor, as per the letter no.400448/DHAR/0046/ 2024 dt.2206.2024 of approval for commencement of work situated at Plot no/House no.9-441C, for admeasuring 48.3 sq.meters (57 .77 sq.yards) Tenugu Wada, Locality, Gramakantam, Dharmapuri Village and Mandal, Jagityal District by the respondent no.2 and 3 without any notice on dt.31.01.2025, obstructing the construction of residential building pillars as illegal, arbitrary, unjust, contrary to Law, and contrary to the rule of law, against the princrples of Natural Justice. lA NO: 1 OF 2025 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed rn support of the petition, the High court may be pleased to Direct the Respondent No.2 and 3 are not to interfere the construction as per the letter of approval for commencement of work vide letter no.400448/DHAR/0046/ 2024 d1.22.06.2024 of approval for commencem6nt of work situated at Plot no/House no.9-44lC for admeasuring 48.3 sq metrs (57.77 sqyards) Tenugu Wada, Locality, Gramakantam, Dharmapuri Village and Mandal, Jagityal District, without due process of law. Counsel for the Petitioner: SRI K.BUCHI BABU Counsel for the Respondents: SRI H.SOMAIAH EZRA SHASTRI, AGP FOR ASSIGNMENT The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.4994 of 2025 ORDER: This Writ Petition is fi1ed under Articl e 226 of the Constitution of India, seeking the following relief: "..-to pass an order or orders one in the nature of WRIT OF MANDAMUS declaring the without notice neither due process of law interference for the construction of Ground Floor + plus Upper Floor, as per the letter No. 400448/DHAR /0046/2024, dated. 22.06.2024 of approval for commencement of work situated at Plot.No.9-44/C, for admeasuring 48.3 sq.meters (57.77 sq.yards) Tenugu Wada Loca-lity, Gramakaltam, Dharmapuri Village and Maldal Jagityal District by respondent Nos.2 and 3 without any notice on dated 31.01.2O25, obstructing the construction of residential building pillars as iIlegal, arbitrary, unjust, contrary to 1aw, and contrary to the rule of law, against the principles of Natural Justice... "

2. Considered the submissions of the learned counsel for the petitioner and Sri H.Somaiah Ezra Shastri, learned Assistant GoVernment Pelader for Assignment appearing for the respondents and with their consent, this writ petition is being disposed of at the admission stage.

3. It is stated that the petitioner was assigned house site patta uide proceedings No.B/7612OO9 in Plot No.4S2/1 to an extent of 120 Sq.yards in Sy.No.1t99/l2OO/617 situated at I \ \i Dharmapuri Village and Mandal, Jagityal District. It is further stated that he belongs to below poverty line and after conducting socio-economic survey, he- was identified as beneficiary for allotment of house site patta and he was assigned the same as per 21 of the Board Standing Order and under the provisions of the Telangana Land Revenue Act, 1317 Fasli. It is the case of the petitioner that basing on the said assignment patta, he has obtained building permission uide letter N o. 4OO 448 / DHAR / OO 46 / 2024, dated 22.06.2024, from the local authorit5r concerned. The grievance of the petitioner is that respondent No.2_Tahsildar, Dharmapuri Village and Mandal, without issuing any notice and without conducting any enquiry is frequently interfering with his possession and causing obstruction to the construction activity.

4. Learned Assistant Government pleader for Revenue has submitted that no date has been specifred in the proceedings issued for the allotment of a house plot in the name of the petitioner and as per the terms and conditions of the assignment patta, he has to commence the construction from the date of assignment ..and complete the same within a i period of six months. It is further stated that in violation of conditions of assignment patta, the petitioner is proceeding \Mith the construction which makes it cleaf that permission is not obtained from the local authority concerned. Therefore, the revenue authority is having power and authority to interfere with the possession of the petitioner.

5. It is stated by the learned counsel for the petitioner that assignment was granted in favour of the petitioner in the year 2OO9 for construction of house, as the petitioner was identi{ied as beneficiar5z for allotment of house property.

6. The Government has enunciated various policies for allotment of house sites to the weaker section of the societ5r. If the patta certificate issued in favour of the petitioner is genuine one and if he has obtained .permission from the competent authority, the respondents shall not interfere with the construction activity. If the respondents found any violation of the conditions of patta or if the patta certificate granted in favour of the petitioner is not a genuine one, the respondents are at liberty to issue notice and after conducting enquiry, initiate appropriate action strictly in accordance with the law --, - ,-l \, \ +

7. With the above observations, the writ petition 1S disposed of. No Costs. As a sequel, the miscellaneous petitions ending, if any., shall stard closed. - //TRUE COPY/I Sol-r.ttRuMALA DEvi REGTSTRAR 11:'1]o*' I tr'ui"i'o* oFFrcER The Principal Secretary, Revenue Department' Telangana Secretariat' Hyderabad. State of Telangana TheTahsildhar,DharmapuriVillageandMandal'JagityalDistrict' The Revenue lnspector, Dharmapuri Village and Mandal' Jagityal District One CC to SRI K BUCHI BABU' Advocate [OPUC] TwoCCstoGPFoRASSIGNMENT,HighCourtfortheStateofTelanganaat Hyderabad [OUT] 1 2 a 4 5 \ To,

6. Two CD CoPies BSR LS \f, HIGH COURT- DATED: 1910212025 ORDER WP.No.4994 of 2025 4* t o r,.) SE f^ i. 24 API * "f) --.=:y';/ DISPOSING OF THE WRIT PETITION, WITHOUT COSTS @ t1s\ W