✦ High Court of India · 21 Feb 2025

High Court · 2025

Case Details High Court of India · 21 Feb 2025
Court
High Court of India
Decided
21 Feb 2025
Bench
Not available
Length
1,060 words

Acts & Sections

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 issue an Order or direction more particularly in the Writ of mandamus declaring the action of the respondents in interfering in the peaceful 'pbssession of the petitioners plot no. 13 admeasuring about 307 Sq. yards situated in Sy no 139, 144 and 143 Medchal village, Kistapur road, Medchal Malkajgiri district as the same is illegal arbitrary and unjust and in violation of principles of natural justice and consequently direct the respondents not to interfere in the peaceful possession of the petitioners plot No. 13 admeasuring about 307 Sq. yards in survey no 139,143 144 in Medchal village, Kistapur road, Medchal Malkajgiri district. lA NO: 1 OF 2025 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 respondent No. 4, 6 and 7 not to interfere in the peaceful possession of the petitioner's plot No.1 3, admeasuring about 307 Sq. Yards, situated in Survey No. 139,143 and'144 of Medchal Village, Kistapur Road, Medchal Malkajgiri District, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI NARESH KUMAR GORIGE Counsel forthe Respondent Nos.l TO 4: SRI L.RAVINDER, AGP FOR counsel for the Respondent No.s: sMT. D.MADHAVI, SC FOR HMDA Counsel for the Respondent Nos.6 & 7: SRI N.SRIDHAR REDDY, SC FOR REVENUE TGSPDCL The Court made the following: ORDER ,\/rj :-) HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.5274 of 2o25 ORDER: This Writ Petition is filed praying this Court to declare the action of the respondents in interfering with the peaceful possession of the petitioner over the plot No.13 admeasuring 307 square yards, situated in Sy.Nos.l3g, 144 and 143 of Medchal Village, Medchal-Malkajgiri District, as illegal, arbitrary, unjust and in violation of the principles of natural justice and consequentrally prayed for other approprrate reliefs.

2. It is the case of the petitioner that she is the owner and possessor of piot bearing No.13 admeasuring 307 square yards in Sy.Nos. 139, 144 and 143 situated at Medchal Village, Kistapur Road, Medchal-Malkajgiri District, having purchased the same through registered sale deed bearing document No. 1599 of 2024, dated 07 .O2.2O24 . lt is further case of the petitioner that said property was regularized by the respondent No.5 and proceedings dated 10.04.2016 were also issued approving the layout. The grievance of the petitioner is that disputing his right and entitlement over the subject property, the respondents are frequentiy interfering with her possession l 2 CVBR, J \\p 5274 2025 and enjoyment over the subject property, without following due process of law.

3. Considered the submissions of the learned counsel for the petitioner; Sri L.Ravinder, iearned Assistant Government Pleader for Revenue appearing for respondent Nos. 1 to 4; Smt.D.Madhavi, learned Standing Counsel appearing for respondent No.5 and Sri N.Sridhar Reddy, learned Standing Counsel appearing for respondent Nos.6 and 7 and with their consent, this writ petition is being disposed of at the admission stage.

4. Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondent Nos. I to 4 has submitted that in pursuance of the Proceedinfs No.LC/2277 12024 dated 05.11.2024 issued by the respondent No.2, the Mandal Girdawar and Mandal Surveyor, Medchal Mandal, have demarcated the Government land admeasuring 500 Sq.yards in Sy.No. 145 situated at Medchal Village and Mandal, for,landinS over advance possession to the Assistant Divisional trngineer Operation, TGSPDCL, Medchal Sub-Station, for the purposc of 33 / ll KV Sub-Station. It is further submitted that the petitioner, under the guise of alleged documents relating to 3 CVBR, J Wp_5274 2025 neighbouring survey number, is trying to encroach upon the Government land. It is further submitted that the respondent No.4 is not interfering with the possession of the petitioner in respect of land admeasuring 3O7 Sq yards situated at Sy.Nos.l39, 143 and 144 situated at Medchal Village and Mandal, Medchal- Malkaj giri District.

5. In view of the above, this Court, without expressing any opinion with regard to the right and entitlement of the petitioner over the subject property, deems it appropriate to dispose of this writ petition directing the respondents not to interfere with the possession of the petitioner in respect of land admeasuring 3O7 Square Yards situated at Sy.Nos. 139, 143 and 144 situated at Medchal Village and Mandal, Medchal-Malkajgiri District, without following due process of law.

6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. J t I To //TRUE COPY// SD/-A.V.S. PRASAD ASSIS ANT REGISTRAR ---_-..----- CTION OFFICER

4. The Secretary, BRK Bhavan Secretariat, Hyderabad, Telangana, State of Telangana, Revenue Department. The District Collector, Medchal-Malkajgiri District, Medchal Malkajgiri District, Telangana. The Revenue Divisional Officer, Kesara, tt/edchal Malkajgiri Distrjct, Telangana The Mandal Revenue Officer, Medchal Mandal, Medchal-Malkaiqiri District. : il8"BilT]ssioner, t Hvderabad Metropotitan Devetopment Authority, Tarnaka, *",'3;Y'i33X#fl'l-"st Medchat-Division, Near 33i.r 1KV Medchar sub- ;mq",:m+er-Sm^t*+#m{,*"*", ll'Eiiiii:sHI_*H,6BiA'*3Bi:5"ry"T+sEHSt.ropucl t*o CD Copies ,r*r., BSv i II Ii HIGH COURT DATED:21 10212025 \ \ ORDER WP.No.5274 o12025 cJ ,.J 1 HE. JIA i 6 oB ( P) r,l !ti .a' 0 6 llAB 2025 t D€spnr cH'- t ,) DISPOSING OF THE WRIT PETITION WITHOUT COSTS I I /F 4.A ,/z 4 b

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