The District Medical and Health Officer, IDOC' v. Venkatayapalem'

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 herein to consider the detailed representation dt 29.01 .2025 and not to interfere in respect of Petitioner's peaceful possessive cum ownership open plot admeasuring 1212 sq- yards or 1011 79 sq mtrs ' in Sy. No.263/4 (New), 263 (Old), situated at Wyra Road, Beside Govt Head Quarter Hospital, Khanapur Haveli, Khammam city and District in the interest of justice pending disposal of the above writ petition. Counsel for the Petitioner: SRI SAINI ARAVIND Counsel for the ResPondents: Ms. SWAPA MADHURI, REP. FOR AGP FOR MEDICAL HEALTH FW The Court made the following: ORDER CI THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.511O OF 2025 ORDER: Heard Sri Arvind Saini, learned counsel for the petitioner and the learned Assistant Government Pleader for Medical Health represented by Ms. Swapa Madhuri on behalf of the respondent No.1 to 4.

2. The petitioner approached the Court seeking prayer as under: "to issue a ui| order or direction more particularlg one tn the nature of Wit of Mandamus to direct th-e Respondents herein not to interfere into the peaceful possessiue cam ounership open plot admeasuing 1212 sq g ards or 1O11.79 sq.mtrs in SA.No.263/4 (Neu), 263 (Old), situated at Wgra Road, Beside Gout Head Quarter Hospital Khnnapur Haueli Khammam Citg and District hauing been succeeded bg uirtue of HibaNama dated 28.02.2004 and therebg Lutuing the Registered Link Documents uide Doc.No. 610/1343 Fasli and Regd Doc.No. 276/ 1962 dated 20.07.2022 hauing been bounded bg East PWD Road West Old Mortuary Murdha ghar North 5y.No.264, 265 part South Wag to Hospital as illegal arbitrary and in gross uiolation of pinciples of natural justice and preuailing fundamental ights and in uiolation of Article 14, 21 and 3OO-A of tLe Constitution of India and to consequentlg direct the Respondents herein to con sider the detailed representation dt 29.01.2025 and not to interfere in respect of Petitioners peaceful possessiue cum ou.tnership open plot admeasuring 1212 sq. yards or .a 1O11.79 sq mtrs., in Sy.No. 263/4 New, 263 OId situated at Wgra Road, Beside Gout Head, Quarier Hospital, Khanapur Haueli Khammam Citg and Distict in the interest of justice and pass such other order or orders."

3. The case of the petitioner in brief is that the petitioner is the absolute owner-cum-peaceful possessor of the open plot admeasuring l2l2 sq.yards or 1011.79 mtrs., in Sy.No.263l4 (New), 263 (Old), situated at Wyra Road, beside Government Headquarter Hospital, Khanapur Haveli, Khammam City and District, having been succeeded by virtue of Hiba-Nama dated 28.O2.2OO4.

3.1. The petitioner applied for survey and demarcation of the subject land through F-line chaltan to the Revenue Authorities concerned, but the respondent authorities have not considered the same. Aggrieved by the same, the petitioner filed W.P.No.23427 of 2023, wherein this Court passed orders dated 03.06.2024, directing the respondent No.4 to consider the said F-line application dated

29.05.2023 submitted by the petitioner to conduct survey and demarcate the subject land by fixing the boundaries of the same. (l g.2. Pursuant to the said order dated 03.06.2024, tl:.e Tahsildar Khammam Urban Maldal, Khammam District issued proceedings dated 19.10.2024 rejecting to conduct survey, demarcation of the subject land and fixation of the said land illegally without application of mind.

3.3. Aggrieved by the said proceedings, the petitioner got hled appeal before the Revemre Divisional Officer, Khammam on 06.11.2024 and the said appeal has been allowed. The Revenue Divisional Ofhcer, Khammam, issued Memo dated 28.L1.2O24 with a direction to the Tahsildar to conduct survey demarcation and fixation of boundaries on 12.12.2024 in the presence of authorities concerned'

9.4. The petitioner again submitted an application dated 08.01.2025 to the Revenue Divisional Officer, Khammam for hxation of boundaries along with the challan dated 08.O1.2025. The learned Revenue Divisional Officer issued Memo to the Deputy Inspector of Survey, Khammam Urban Mandal, Khammam, dated 17.Ol'2O25 to fix boundaries, accordingly, the said Deputy Inspector of Survey, Khammam, fixed the boundaries on 2l'Ol'2O25'

3.5. The respondent No.4 herein have unilateraliy and high handedly interfered with the peaceful possession and attempted to stop the work illegally on 28.01.2025 along with his staff without issuing any notice. The petitioner submitted a detailed representation dated 29.O1.2025 and also got issued legal notice to the respondent Nos.2 to 4 dated 01.02.2025. The Revenue Authorities concerned have survc-ved the subject land and fixed the boundaries and submitted report under the cover of palchanama dated 21.01.2025. Aggrieved by the action of respondents herein the petitioner approached the Court by hling the present writ petition.

4. The learned Assistant Government pleader for Medical and Hea_lth, appearing for respondent Nos.1 to 4 herein has produced the proceedings issued from the office of the Government General Hospital, Khammam, to respondent No.4 before tl.is Court, which indicates that the Mandal Surveyor after conducting survey submitted his report stating that the petitioner requested to survey the subject land partly in Sy.No.263 admeasuring Ac.O.10 guntas, situated at Khanapuram Haveli Vitlage of @ Khammam Urban Mandal. The report of the Mandal Surveyor further shows that on verification of the freld, in the said survey it was found that the Sy.No.263 was occupied with Government Hospital and other Government buildings and each government building and each premises has Sub-Division record for the extent occupied except the extent of the land claimed by the petitioner' The claim of the petitioner seeking relief over the subject land after a lapse of nearly 50 years is unfair. In the light of the above discussion, the plea of the petitioner is not considered; particularly the subject land is currently Government land under Sy.No.263.

5. On perusal of the entire material documents, it is very clear that the subject land is occupied with Government hospital and other government buildings and its premises has Sub-Division record. As borne on record, Government Medical College and teaching hospital i.e. GGH, Khammam have been sanctioned in 2022 in the said subject survey numbers.

6. In view of the written instructions Iiled by respondent No.4 herein that the subject survey number was occupied I I with the Government hospital and other government buildings and each government building and its premises has Sub-Division record, as such, the prayer sought for by the petitioner in the present writ petition cannot be granted.

7. Accordingly, this writ petition is dismissed. No order as to costs. Miscellaneous petitions, pending if arry, in this Writ Petition, shall stand closed. To, //TRUE COPY// SD/-K. SREE RAMA MURTHY qffuTY REGISTRAR { sEcTloN oFFlcER ' ".J - '1 One CC to SRI SAINI ARAVIND, Advocate [OPUC] 2. Two CCs to GP FOR I/EDICAL HEALTH FW, High Court for the State of Telangana at Hyderabad [OUT] ./

3. Two CD Copies BSR BS ({L HIGH COURT DATED:1710312025 u \ ORDER WP.No.5110 of 2025 og THE 5 r4 j o o o -+ { IO JUL M Dnr6lf_O $r ./t DISMISSING THE WRIT PETITION, WITHOUT COSTS o A- t v v>