High Court · 2025

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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in interfering with including construction activity in petitioners peaceful possession and respect of Plot bearing nos. 210 paft- W4211 part admeasuring 362.00 sq.yards in Hi-Rise Meadows forming part of the layout in Survey Nos.173, 181, ',l83, 184, '185, 186 and 187, situated at Mallampet Village under Dundigal Municipality, Dundigal Gandimaisamma Mandal, Medchal-Malkajgiri District- Telangana without following the due process of law as illegal, arbitrary and in violation'of iliYment a. ;:'.- Article 300- A of the constitution of lndia and consequently direct the respondents not to interfere with petitioners possession and enjoyment including construction activity in respect of Plot bearing nos. 210 part 86 211 pan admeasuring 362.00 sq.yards in Hi-Rise Meadows forming part of the layout in Survey Nos.173, 181, 183, 184,'185, 186 and 187, situated at MallampetVillage under Dundigal Municipality, Dundigal Gandimaisamma Mandal, Medchal- Malkajgiri District, Telangana. 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 respondents herein not to interfere with petitioners possession and enjoyment including construction activity in respect of Plot bearing nos. 210 part and 211 part admeasuring 362.00 sq.yards in Hi-Rise Meadows forming part of the layout in SurveV Nos.'l 73, 181 , 1 83, 184, 185, '1 86 and 1 87, situated at IVallampet Village under Dundigal Municipality, Dundigal Gandimaisamma Mandal, Medchal-Malkajgiri District, Telangana forthwith pending disposal of the above writ petition. Counsel for the Petitioners: SRI S.SRIDHAR Counsel forthe Respondent Nos.1 & 2: GP FOR REVENUE Counsel forthe Respondent Nos.3 & 4: SRI P.KRISHNA REDDY, SC FOR MPCL The Court made the following: ORDER I I 'a HON'BLE SRI JUSTICE C.V. BHASKAR REDDY I WRIT PETITION No.6 623 of2025 ORDER This writ petition is filed seeking to declare the action of the respondents in interfering with the peaceful possession and enjoyment of the petitioners including construction activity in respect of plot bearing Nos.2 1O Part and 2Il Patt admeasuring 362.00 square yards in HlRise Meadows forming part of the layout in Sy.Nos.173, 18l, 183, 184, 185, 186 and 187, situated at Maltampet Village under Dundigal Municipality, Dundigal Gandimaisamma Mandal, Medchal-Malkajgiri District, without following due process of law, as illegal and arbitrary and consequently prayed for other appropriate reliefs'

2. Considered the submissions of learned counsel for the respective parties and perused the record.

3. It is stated that petitioner No.l purchased the house plot bearing Nos.21O Part and 217 Part admeasuring 327.OO square yards in Hi-Rise Meadows, forming part of the layout in Sy.Nos. 173, 181, 183, 184, 185, 186 and 187, situated at Mallampet Village under Dundigal Municipality, Dundigal l CVBRJ wP 6621 2025 2 Gandimaisamma Mandal, Medchal-Malkajgtri District, under Registered Sale Deed, vide document bearing No.1B77B of 2024 dated 16.07.2024 and purchased the house plot bearing Nos.210 Part ald 211 Part admeasuring 97.00 square yards in Hi-Rise Meadou,s, forming part of the layout in Sy.Nos. 173, 1B 1, 183, 184, i85, 186 and 187, situated at Mallampet Village under Dundigal Municipality, Dundigal Gandimaisamma Maldal, Medchal-Malkajgiri District, under Registered Sale Deed, vide document bearing No.18779 of 2024 dated

16.07.2024. It is further stated that petitioner No.2 purchased the house plots bearing Plot No.21O Part admeasuring 293.72 square yards and Plot No.211 admeasuring 300.00 square yards, thus total admeasuring 593.72 square yards in Hi-Rise Meadows, forming part of the layout in Sy.Nos.173, 181, 183, 184, 185, 186 and 187, situated at Mallampet Village, Quthbullapur Mandal, Ranga Reddy District, under Registered Sale Deed vide document bearing No.23B5 of 2014 dated O2.O4.2OI4. It is further stated that after obtaining necessary permissions, the agricultural iand forming pa_rt of Sy.Nos. 173, 181, 183, 184, 185, 186 and 187 was converted into a residential lavout by competent auttrorities and petitioner No.2 cvB&l wP 6623 2025 has obtained the building permission uide building permit No.0044/BP 13144 /2024 dated 20'07 '2024 lrom the respondent municipality. The grievance of the petitioners is that the respondents are disputing that the lands forming part of the layout, i.e., Sy.Nos. 173, 181,183, 184, 185' 186 and 187' are overlapping with the adjacent Government land and are frequently interfering w"ith the construction activity without issuing any notice and without following any procedure' Hence' the writ Petition.

4. Learned Assistant Government Pleader for Revenue appearing for respondents No'l and 2 and learned Standing Counsel for Dundigal Municipality appearing for respondents No.3 and 4, submitted that the property in possession of the petitioners is forming part of the Government land and basing on the report submitted by the revenue authorities' a notice has been issued by the Municipal Corporation for seeking revocation of the building permission granted to petitioner No'2' In view of the above submissions and since it is stated that 5. there is a dispute with regard to overlapping and identification of the lands forming part of the layout as well as the adjacent I I 4 't - Goirernment larld, this Court deems it appropriate to direct the respondents to conduct the survey for identification and localization of the land forming part of the layout and the land of the Government and after conducting the survey, if the plots of the petitioners are forming part of the Government land, the respondents are directed to follow the due procedure in accordance with law. The respondents are further directed to complete the said exercise within a period of three (O3) months from the date of receipt of a copy of this order. 6, Till such tirne, the respondents are directed not to take any /i-' coercive action against the petitioners over the subject property.

7. With the above observations, this Writ Petition is disposed of. There sheLll be no order as to costs. As a sr:quel, the miscellaneous petitions pending, if any, shall stand closcd. SD/.K. SREE RAMA MURTHY T REGISTRAR ASS S //TRUE COPYII c District. of Telangana. TION OFFICER '1. The Principal Secretary, Revenue Department, Secretariat, Hyderabad, State 2. The Tahasirdar, Dundigar- Gandimaisamma Mandar, Medchar-Markajgiri 3. The Municipal Commissioner, Dundigal Municipality. Dundioal- 4. The Town prannino o.fficer, Dundigai Mr;Eiprrii, Dundigar- Gandimaisamma ! One CC to SRt S.SRtDHAR, RO'vocate tOpUCt 6. Two CCs to Gp FoR REVENUE, HGh b;fi;d, the State of Tetangana, at 7. One CC to SRt P.KR|SHNA REDDY, SC FOR MPCL [OPUC] 8. Two CD Copies uanotmatsamma Mandal, Medchal_Malkaioiri District. Mandal, Medcha l-Malkaioiri Districi Hyderabad. IOUTI ' To ,L l'I I I I PSK. BS6. I HIGH COURT DATED:0510312025 ORDER WP.No.6623 of 2025 i t ( /Q o DISPOSING OF THE WRIT PETITION WITHOUT COSTS W Y{E STA , € 24 is, DE spalr )' . :, 1 ,,f