✦ High Court of India · 18 Aug 2025

The High Court · 2025

Case Details High Court of India · 18 Aug 2025

Court

High Court of India

Decided

18 Aug 2025

Bench

Not available

Length

1,807 words

Acts & Sections

Code of Civil Procedure §151 Constitution of India

6. Tumoji Srinivasa Chary, S/o. Nagabhusana Chary, aged about 41 years, Occ. Labourer, R|/o. Pasthapur village, Zaheerabad Mandal, Sangareddy District. 7. Golla Manaiah, S/o. Shiva Konda, aged about 60 years, Occ. Labourer, Rl/o. Pasthapur village, Zaheerabad Mandal, Sangareddi District.

8. Natakari-Buchamma, Wo. Natakari Narsimulu, aged about 58 years, Occ. Housewife, Rl/o. Pasthapur village, Zaheerabad Maidal, Sangaredily Di6trict. 9. Surna Vijaya Kumar, S/o. Suma Devaiah, aged about 39 years, Occ. Labourer, Rl/o.. Pasthapur village, Zaheerabad Mahdal, Sangareddy District. 10.T. Sridhar Chary, S/o. Nagabhusana Chary, aged about 40 years, Occ. Carpenter, Fl/o. Pasthapur village, Zaheerabad Mandal, Sangaredily District. 11. Mytari Yashoda, Wo. Mytari Jayaseel, aged about 37 years, Occ. Housewife, Rl/o. Pasthapur village, Zaheerabad Manrjal, Sangareddy District. l2.Qhakali Chrlkaryna, Wo. Chakali Narsimulu, aged about 45 years, Occ. Housewife, Rl/o. Pasthapur village, Zaheerabad Mandal, Sangareddy District. 13.Gaddam Swapna, Wo. Gaddam Raju, aged about 35 years, Occ. House wife, RI/o. Pasthapur village, Zaheerabad Manilal, Sangareddy District.

14.Barla Mallesham, S/o. Barla Stankaraiah, aged about 50 years, Occ. Labourer, Rl/o. Pasthapur village, Zaheerabad Mandal, Sangareddy District. l5.Kuppanagar Ranemma, Wo. Sangameshwar, aged about 45 years, Occ. Housewife, Fl/o. Pasthapur village, Zaheerabad Mandal, Sangareddy District. l6.Kindidoddi Mallamma, Wo. Kindidoddi Sangaiah, aged about 53 years, Occ. Housewife, R/o. Pasthapur village, Zaheerabad Mandal, Sangareddy District. ...PETITIONERS AND

1. The State. of Telangana,. Rep. by its principal Secretary, Revenue Department, Secretariat, Hyderabad. 2 3 4 5 The Collector, Sangareddy District, at Sangareddy. The Revenue Divisional Officer, Zaheerabad Division, Sangareddy District. The Thasildar, Zaheerabad Mandal, Sangareddy District. $ri. Mohd. .Faizal, The Mand.al Revenue lnspector, Zaheerabad Mandal, Zaheerabad, Sangareddy District. ...RESPONOENTS Petition under Article 226 of the 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 one in the nature of writ of Mandamus declaring the action of the sth respondent in causing illegal demolition of the houses and huts constructed by the petitioners on their respective assigned residential plots in sy. No. 78/64 at pasthapur village, Zaheerabad Mandal, Sangareddy District, and also declare the action of the rbspondents 2 to 4 in not considering the complaint dated 29101t2o21 and 16to3t2o21 as filed by the petitioners as against the 5th respondent for his illegal demand of money from the assignee and in causing demolition of the houses without notice and opportunity and without following due process of law, as illegal, unlaMul and contrary to law and consequently direct the respondents to conduct enquiry in the matter and take appropriate action as against the sth respondent and to restore all the demolished houses as it is on the ground so as to enable the petitioners to continue to live in their respective constructed houses and huts on their assigned plots in sy. No. 7Bl6A. lA NO: 1 oF 2021 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 issue interim order directing the respondents not to cause further demolition of the houses of the petitioners on their assigned house site plots in Sy. No. 7816A at Pasthapur village, Zaheerabad Mandal, Sangareddy District, and allow them to live in their respective houses and plots, pending disposal of main Writ Petition. Counsel for the Petitioner: SRI M. DAMODAR REDDY Counsel for the Respondents No.1 to 4: SRI H. RAKESH KUMAR, AGP FOR REVENUE Counsel for the Respondent No.5: - The Court made the following: ORDER &.-. THE HON'BLE SRI JUSTICE E.V.VENUGOPAL trl"RIT PETITION No.831O of 2O21 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "....to issue an order or direction more partianlarly one in the nahtre of Wnt of Mandamus declaing tlrc action oJ'the Sth respondent in causing illegat demolition of tle houses and huts constructed bg the petitioners on tLrcir respectiue assigned residential plots in Sg.No.78/ 64 at Pasthapur uillage, Zaheerabad Mandal, Sarytrareddg Distict and also declare tlrc action of tLrc respondent Nos.2 t<t 4 in not ansidering tle complaint dated 29/O1/2021 and 16/O3/2O21 a.s filed bg the petitioners as again.st ttte sth respondent for hi.s illegal dernand of moneg from tle a.ssignee and in causing demolttion of tle houses without noticc and opportunitg and without follouing due process of laut as illegal, unlauful and contrary to law and consequently direct the respondents to conduct enquiry in the matter and take appropriate action as; against th-e 5h respondent and to restore all the demoli"shed houses as it rs on the ground so as lo enable tLrc petitioners to continue to liue in their respectiue construcled houses and huts on tteir assigned plots in Sg.No.78/ 6A and pass...."

2. The brief facts of the case are that the petitioners herein are the permanent residents of Pasthapur village, Zaheerabad Mandal, Sangareddy District and they have been eking out their livelihood as agricultural labourers. In the \ *-1 -- year 2OO8, the Government assigned the Government land as house site plots in Sy.No.7B/6A at Pasthapur village, Zaheerabad Mandal, Sangareddy District. Respondent No.4 also issued. individual patta certificates uide proceedings No.C/26 5212OO8, dated 09.03.2008. As per the said assignment proceedings, plot bearing Nos' 10, 1 L, 14, 4, 6, 3, 15,7, 19,2,27, 28,30, 1, 5 and 12 has been assigned to the petitioners, each admeasuring 25 x 3O sq. yards. Since the date of assignment, the petitioners are in possession and enjo5rment of their residential plots and some of them constructed the pacca houses, huts thereon and even some of them have made construction upto basement level and some of them yet to start the construction. The petitioners have been paylng property tax to the Grampanchayat Pasthapur af.ter its merger in the Municipality, they have been paying tax to Zaheerabad Municipality. The petitioners have also obtained electricity connections to their houses and they have been paying electricity charges to the electricity department. While the matter stood, on

16.03.2021, respondent No.5 along with JCB owner Javeed Pasha carne to the residential plots and demolished the -.",i... *{- ,ffiH:'i Page 3 of6 houses of the petitioners without giving any notice and opportunity and without following due process of law. When the petitioners and others questioned the same, respondent No.5 informed that he got orders from the higher authorities to demolish the houses. In fact, earlier to the above incident, respondent No.5 have demanded the petitioners to pay certain a.mount to each house and when the petitioners have refused to oblige the illegal demand of resporrdent No.5, he keeping in mind and without there being any orders from the higher authorities with ill-motive and dishonest intention caused demolition of the houses.. To that effect, the petitioners have lodged a complaint, dated :29.Ot.2O27 against respondent No.S. However, the authorities have not responded on the said complaint and immediately, the petitioners trave approached respond'ent Nos.2 to 4 and lodged a complaint on 16.O3.2O2L aga,tnst respondent No.S, however, the official respondent Nos.2 to 4 informed the petitioners that there a-re no orders from them authorizing respondent no.5 to cause demolition of the houses of the petitioners. The local leaders have also noticed the illegal demolition, conducted Dharna's before the officials and the sarne was also appeared in the local newspapers and to which, respondent Nos.2 to 4 have responded by stating that there are no orders from them to demolish the houses on the assigned property. Hence, the present writ petition.

3. Heard Sri M.Damodar Reddy, learned counsel appearing for the petitioners and Sri H.Rakesh Kumar, learned Assistant Government Pleader for Revenue, appearing for respondent Nos.I to 4 and perused the record.

4. Learned Counsel appearing for the petitioners would submit that the petitioners herein are the absolute owners and possessors of the assigned house site plots in Sy.No.78 16A, situated at Pasthapur village, Zaheerabad Mandal, Sangareddy District. The petitioners and others have constructed houses in the said plots and living there by eking out their livelihood as agricultural labourers. All of a sudden, on 16.O3.2O2L , respondent No.S along with JCB owner Javeed Pasha visited the subject plots and. without issuing any notice and without following due process of law have demolished the houses. When questioned the sarne, respondent No.5 inform.ed the petitioners that he got orders I I I I I \ I I from higher authorities, upon enquiry, it is found that no orders have been issued by the higher authorities. The petitioners and others submitted a representation dated

16.03.2021 to respondent No.3. Despite receiving and acknowledging the same, respondent No.3 did not act upon the same. Therefore, the present Writ Petition.

5. Opposing the same, learned Assistant Government Pleader for Revenue, appearing for respondent Nos. I to 4 would submit that the representation made by the petitioners is under consideration. The respondent authorities will consider the said representation and pass appropriate orders, in accordance with law.

6. In the light of the aforesaid discussion, this writ petition is disposed of directing respondent No.3 to consider the representation dated 16.03.2021 and pass appropriate orders, strictly in accordance with law, by putting the petitioners and all interested parties on notice zrnd affording them an opportunity. The entire exercise shall be completed within a period of eight (08) weeks from the date of receipt of a copy of ttris order. There shall be no orders as to costs. Y Page 6 of6 As a sequel, miscellaneous petitions, if any, pending, shall stand closed. \ To //TRUE COPY// Sd/.B.REKHA RANI ASSISTANT REGISTRAR G SECTION OFFICER

1. The Revenue Divisional Officer, Zaheerabad Division, Sangareddy District. 2- One CC to SRI M. DAMODAR REDDy, Advocate [OpUC] 3. Two CCs to for Revenue, High Court for the State of Telangana at -' Hyderabad IOUTJ -O.p-.

4. Two CD Copies ?* MP PTVIK HIGH COURT DATED:1810812025 1 'c St4, (- l$ t4. J i,) i 0:t I!L 2r[5 o P.1TC\ r''-J ({ t' PI o) <lrS ORDER WP.No.8310 ot 2021 DISPOSING OF THE WRIT PETITION WITHOUT COSTS {e Io \\

16.03.2021 to respondent No.3. Despite receiving and acknowledging the same, respondent No.3 did not act upon the same. Therefore, the present Writ Petition.

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