High Court · 2025

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order, or direction more particularly one in the nature of writ [\,4andamus declaring the action of the respondents more particularly Respondent No.3, in interfering with the possession of the Petitioner in House bearing Municipal No. 8-1 -108/5/4/28, admeasuring - 1oo Sq. yards or equivalent to 83.61 Sq. meters, constructed on part of Plot No- 28, in Survey No. 327 (New), 591 (Old), situated at Vinobha Nagar, Phase ll, Shaikpet Village, Hyderabad, T.S. without following due process of law as illegal, arbitrary and in violation of Article 21 of the Constitution of the lndia, and consequently direct the respondents more particularly Respondent No. 3, not to interfere with the possession of the Petitioner over the l{ous( bearing Municipal No. 8-1-108/S/A/28, admea;uring. - 100 S. yards or equiv,3 ent to 83.61 Sq. meters, constructed on Dart o f plot No. 2g, in Survey No. i3l?7New), 591 (Old), situated at Vinobha Nagar. I)tase il, Shaikpet Wage, Hyd erabi d, T.S. lA NO: 1 OF 2025 Petition u rder section 151 cPC praying that in the circurns;tances stated in the affidavit filed in support of the petition, the High court may b,: cteased to direct the respondents more particularly Respondent No. 3, not to ir terfere with the possession of th > Petitioner over the House bearing Municipral No. 8_1 _10g/5/A/2g, admeasurirrg - 1 )0 s- yards or equivalent to 83.61 Sq. mete.s, c:)nstructed on part of Plot No. 28 i1 Survey No. 327 (New), 591 (Old), situated ;rt Vinobha Nagar, Phase ll, srlaikp, )t village, Hyderabad, T,s., pending disposal of fl-e writ petition_ Counsel for the )etitioner: SRI MIRZA MAHMOOD ALI BAIG Counsel for the lespondents: AGp FOR REVENUE The Court rnade the following: ORDER t:. h I I I I I I I i HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITI ON No.5287 of 2025 ORDER: This Writ Petition is frled under Article 226 of th.e Constitution of India, seeking the following relief: "...pleased to issue a writ order, or direction more particularly one in the nature of writ Mandamus declaring the action of the respondents more particularly respondent No.3, in interfering with the possession of the petitioner in House bearing Municipal No.8- 1- 108/ 5/A/ 28, admeasuring 1OO Sq.yards or equivalent to 83.61 Sq.meters, constmcted on part of Plot No.28, in Survey No.327 (New), 59r (Old), situated at Vinobha Nagar Phase II, Shaikpet Village' Hyderabad, T.S. without following due process o[ law as illegal, arbitrary and in violation of Article 2I of the Constitution of the India, and consequently direct the respondents more particularly respondent No'3 not to interfere with the possession of the petitioner over the House bearing Municipal No.8- 1- 108/ 5/A/ 28, admeasurtng lOO Sq.yards or equivalent to 83.61 Sq'meters, constructed on pa-rt of Plot No.28 in Survey No.327(New), 59 I (Old) situated at Vinobha Nagar, Phase II, Shaikpet Viuage' Hyderabad T.S. and Pass..." ' 2 Considered the submissions of the learned counsel for the respective parties and with their consent this writ petition is being disposed of at t}re admission stage. It is stated that tJle petitioner is the owner and 3. possessor of house bearing Municipal No 8-1 1O8/5lR/28' admeasulpS 100 Sq.yards, equivalent to 83'61 Sq meters' constrLlct 3d on part of plot No.28, in Survey ItIo.3 2 7 (New)' 59 1 (Old , situated at Vinobha Nagar, Phase II, fihaikpet Village, Hyderabad, having acquired the sarre under registerr:c gift deed, dated 13.O2.2O23 utcte : rcument No. 1 C45 cf 2023. It is further stated that she isr paying propert\, -ax and obtained power supply connection for the said hous e - The grievance of the petitioner is that rt"spondent No.3-Tah;ildar, Shaikpet Mandal, without i:nitizrtrng any procr:edin qs and without following due process of law, is interferin 1 rvith her peaceful possession and trying to disposse s s her from the subject house.

4. l,ea ned Assistant Government Pleader for .levenue appearirrp for the respondents placed on record the written instructi,3 ns. wherein it is stated that the subiect land clairrre,l tr the petitioner falls within the locali6, of y'inobha Nagar rn 'I'S.No.24, Block-G, Ward No.13 corrr:lated to Sy.N,r..312, of Shaikpet Village, classified as Govr:rnment Land . It s further stated that earlier one Smt.l(.Laiil:ha, has mad<: :rn application seeking regularization of encr,:rzLchment as I)er he policy enunciated in G.O.Ms.ltlo.5'l dated 30.112.:2014 to an extent of 8O Sq.yards and the .<;ame was t I I rejected by the Regularization Committee due to non- functional dwelling unit and rejected endorsement has been issued to the applicant on 10.O1.2017. It further stated that the said land was included in Government land bank parcels list register uide LB.No.726O2O I and erected Government sign board. When the petitioner made efforts to encroach upon the said property by making illegal construction, the executive sta{f of t}re o{Ece of the respondents restrained the said action and also frled a cottr plaint on the file of the Station House Officer, Filmnagar utde leitter No.D/209912016, dated 2t.o2.2022.

5. Since it is the case irf tJle petitioner tJ.at she is in possession of the subject property by virtue of paying property tax and obtaining power supply connection arld the application submitted by the petitioner was rejected on the ground that on conducting physical verification, there is no house being found in the subject premises and the respondents are seriously disputing the nature of the subject land and existence of dwellin'g unit which is in possession of the petitioner over the subject land, this Court is of the opinion that these issues are required to be adjudicated by I I I the <:om.p:tent Civil Court after examining the evic.ence and mor€ par: icularly, when the dispute is related lo p,rr;session of the pe litioner. Therefore, the writ petition is ,lismissed gran -ing iberty to the petitioner to approach tllre c o mpetent Civil Cou.r t. No Costs. As : sequel, the miscelianeous petitions endirrg, if any, sha-Il stan I closed //TRUE COPY// SD/.V.KAVITHA ',oDEPtlTY REGISTRAR j st=crtoN oFFtcER I

1. One CC lc SRt MIRZA MAHMOOD ALt BA|G, Advocate [OtrUC] 2. Two CCs; to Gp for Revenue, High Court for the State, ,tf Telangana at Hyde,rabar [OUT] n.l To,

3. Two CD C roies MP tz,- GJP 16 ) \ I l I I E E B f i HIGH COURT DATED:21 10212025 -., ()\.1l{t =a ;14 ,6 1II ,ILN M ((\ a ,t .) o o o - ,;/ ,,i. ORDER WP.No.5i2',87 of 2025 DISMISSING THE WRIT PETITION WITHOIJT COSTS rf,eA G(o &,,,