High Court · 2025

circumstances stated in the affi(avit filed therelyith, the High Court may pe pleased to isQue q rryrit, grder pr direction, more particularly, one ln the nature of writ of mandamus declaring the action of the official Respondents herein, more particularly, the action of Respondent No. 3 and 4 herein in taking steps to deprive the lawful property admeasuring to an extent of 4 (Four) Guntas, that is, Ac 0-04 Gts situated at H.No.9-6-57/2, Shamisher Nagar, Bellampalli, Mancherial District, Telangana belonging to the Writ Petitioner herein without follqwing the duP process of law as unlawful, unjust, illegal, arbitrary, violative of principles of Natural Justice, against the principles of public policy and violative of Article 14 as well as Article 300-4 of the Constitution of lndia and Crrnsequently direct the official Respondents herein, more particularly, the Respondent No.3 and 4 herein to not to d ispossess and evict the Petitioner herein with the subject property admeasuring to an extent of 4 (Four) Guntas, that is, Ac 0-04 Gt9 situated at H. No.9-6-57/2, Shamisher Npgar, Bellampalli, Mancherial DistrlCt, Telangana yvithout following the due process of law. A NO: OF 25 Petitian under Section 151 CPC praying that in the circrJmstanpes Stated in the affidavit filed in support of the petition, the High Cour! may be pleased to direct the official Bespondents herein, more particularly, the Respondenl No. I and 4 herein to net to interfere with the sub.iect prqperty admeasuring ta an extent of 4 (FouQ Guntas, that is, Ac 0-04 Gts Situated at H.No.9.-6-57/2, Shamisher Nagar, Bellampalli, !v'lpncherial District, Telangana pending dispogal of the writ petition, Qqunsel for the Petitioner: SBI Y. RAMA RAO AND ASSOCIATE$ Qoqnsel for the Respondents: SRI H. SOMAIAH EZRA gASTRl, AGP FOR A9SIGNMENT Xhe Cqurt mg{e the following: ORDER '') HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.6256 of 2o25 ORDER: This Writ Petition is h.led praying this Court to declare the action of respondent Nos.3 and 4 in taking steps to evict the petitioner from the land admeasuring Ac.O.O4 guntas, situated at H.No.9-6-57/2, Shamisher Nagar, Bellampally, Mancherial District, without following due process as illegal, arbitrary, violative of principles of natural justice and violative of Articles 14 and 3OO-A of the Constitution of India and consequently, prayed for other appropriate reliefs.

2. It is stated that the land forming part of Sy.No. 17O ot Bodakalan Village, Bellampally, was leased out to the Singareni Colleries in the years 1928 and 1931, through lease agreement and thereafter, the said land was allotted to the forefathers of the petitioner, taking into consideration of their continuous possession over the subject land. It is further submitted that respondent No.3 in terms of the orders passed by the Government in G.O.Ms.No.546, Revenue (A/N.F.- I) Department, dated 30.O6. 1997 handed over the said residential house site along with appurtenant land to the petitioner uide certihcate, dated O7.O3.201 I . It is further stated that in pursuance of the 2 CVBR, J Wp 6256 2025 same, the l)etitioner has constructed a small drvelling unit and residing thcrein b1, payirrg the property taxes and other taxes to the locerl ar r Lhoritics anrl in support of her contention, she also filed property ta-r rcceipts issued by the Bellarr,rpa,li Municipality reccipl No. 149082517727O225O81Ot)t)q18, dated 27 .O2.20'25. Thc grievance of the petitioncl is that the respondent authoritie s, u.ithout following due ltrocedure, are making effor-ts to dispossess her from the subject land on the ground thal the sarme is Government land.

3. Consiclcred tl're submissions of the learned t:ounsel for the petitioner errrd Sri H.Somaiah Ezra Sastri, lezLrned Assistant Goverr-rmen1 Pleader lor Assignment apperrring for the rcspondents and with their consent, this petition is being "vrit disposed of rrt the admission stage. Learncd Assistant Government Pleadelbr Assignment

4. has submil l cc[ that thc property tax receipt i)r possessioll certificate issued to the petitioner do not confer any title or right orrer the sr-rbie<:t property and since there is; a claim of Governmenl over the subject land, which is in occupation of the petitioner. tl'rc autl'roritics havc to inspect the subject property and if the pctitioncr rs found to be in possession of the subject :,i 3 CVBR, J Wp_6256_2025 property, they will take appropriate action by following due process of law. It is settled law that i[ any person is - found to be in 5. possession of the Government land, the respondent authorities shall follow due process of law for removal of the illegal and unauthorized constructions The Hon'lole Apex Court in Rajendra Kumar BarJatga and another us' tl'P' Auas Eaam Vikc.sParishadorndothersl,directedtherespondentstherein to follow due procedure for removal of the illegal and unauthorised constructions' In the instant case' admittedly' no notice was issued to the petitioner and therefore' the action of the respondents in interfering with the possession of the petitioner over the subject property amounts to vioiation of principles of natural justice' In the said circumstances, this Court is of the opinion 6. that the ends of justice would be met if the respondents are having any claim over the subject land alleged to be in occupation of the petitioner, they are directed to issue notice and after conducting enquiry, take appropriate action strictly in accordancewithlaw.Tillsuchtime,therespondentauthorities I Civrl Appeal No t4604 of2024 dated 1'7.12'2024 I I I I 4 CVT]R, J wp 62s6_2025 are directed not to take any coercive action agairlst the subject lzrnd, in an]' manner

7. With thc above observations, this Writ Petition is disposed oi. Tl-rerc sh:rll br: no order as to costs

8. As a secluel, thc misce llaneous petitions pending, if any, shall stand closed //TRUE COPY// SD/-K. SREE RAMA TUURTHY DEPUTY REFISTRAR Y SECTION OFFICER To, 1

2. o 4 I 6 7 Revenue Department, State of Telangana' The Principal SecretarY, Secretariat, HYderabad. The District Collector, Mancherial, Mancherial District' 1-elangana' The Revenue Divisional Officer, Bellampally' Mancherial D'istrict' Telangana The Tahsildhar, Bellampally, Mancherial District' Telan{lana' one cc to sRt y RAMA RAO AND ASSOCTATES, Advocate€ Two CCs to SRI H SOMAIAH EZRA SASTRI.AQF fqr Assignment' High c'Jrrti;ini S-tate of reiBngana at Hyderabad [oUTr Two QD CoPieP [oPUCJ ' MP BS w I I HIGH COURT DATED:1710112025 (a + o o i I t: O3 APB ;I!rl C * Op S PATC -ri , ORDER WP.No.6256 of 2Q2e DISPOSING OF THE WRIT PETITION WITHOUT COSTS h v