The High Court · 2025

the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to interfere with peaceful possession and enjoyment of the open plots bearing 17 and 28 extent 300 sq.yards in Survey No. 120111 & 127 parl situated Dommara Pochampally village, Gandimysamma Mandal, Medchal tvtalkajigiri District without issuing any notice and following the due process of law pending disposal of the above writ petition. lA NO: 2 OF 2020 Between:

1. State of Telangana, rep by its Principal Secretary, Revenue Department Secretariat, Hyderabad.

2. The District Collector, Medchal - Malkajigiri District. 3. The Revenue Divisional Officer, [Malkajigiri Division, Medchal - Maikajigiri District.

4. The Tahasildar, Gandimysamma Mandal, tMedchal Maikajigiri District. ... PETITIONERS/RESPONDE NTS AND

1. Rajani Prabha Rohatgi, W/o Sri Y.K.Rohatgi, Aged about 69 years, R/o H.No. 134, Vasavi Nagar Karkhana, Secunderabad

2. M.Shiva Reddy, S/o M.Narayanareddy, Aged about 65 years, Occ: Retd employee Athapur village, Rajenderanagar Mandal, Ranga Reddy District ...RESPONDENTS/WRIT PETITIONERS Petition underSection 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders in W.P.No. 7799 of 2O2O dated 0810612020, in the interest of justice. COUNSEI fOr thE PEtitiONET: SRI GUDI MADHUSUDHAN REDDY counsel for the Respondents: sRl H. RAKESH KUMAR, AGP REPRESENTING GP FOR REVENUE The Court made the following: ORDER .,::llrJ& i, :-) THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.7799 OF 2O2O ORDER: This Writ Petition is filed seeking a Writ of Mandamus declaring the action of the respondents in interfering into the peaceful possession and enjo5rment of the open plots bearing Nos. L7 and 28 for an extent of 3OO sqyare yards in Sy.No .l2O / 1 1 & L27 part situated at Dommara Pochampally Village, Gandimysarnma Mandal, Medchal Malkajgiri District, without issuing any notice and following due process of law as arbitraql,, illegal, violative of Articles L4, L6, and 30O-A of the Constitution of India, and against the principles of natural justice; and consequently,. to set aside the said proceedings

2. Learned counsel for the petitioners submits that the l"t petitioner is the owner and possessor of open plot bearing No.17 admeasuring 300 square yards, and the 2na petitioner is the owner and possessor of plot No.28 Page 2 of l0 admeasuring 300 square yards, both situated in Survey Nos.120/ 11 and 127 (Partl, at Dommara Pochampally Village, Gandimaisamma Mandal, Medchal-Malkajgiri District referred to as the "subject propergr"), having purchased the same from the original owner, B. Gopal Reddy, under registered sale deed Nos.3O13 of 1985 and 3O12 of 1985, both dated

22.04.1985, for valid consideration. It is submitted that since the date of purchase, the petitioners have been in peaceful possession and enjoyment of the said plots.

3. It is further submitted that B. Gopal Reddy was the absolute owner and possessor of land admeasuring Ac.3.24 guntas, and that the then Gram Panchayat of Dommara P.ochampally approved a layout in respect of the said land.

4. While so, on 03.06.202O, respondents 3 atd 4, along with their staIf, visited the subject property and attempted to level the land by removing boundar5r tones. Upon enquiry, it was informed by respondents 3 S ^qrNJ., ,.) arrd 4 that they were acting under the directions of the District Collector, as the land in question is allegedly Government land earmarked for the construction of hostels for students belonging to the weaker sections.

5. Learned counsel further submits t]lat this action was undertaken without issuing any prior notice and without following due process of law, which is arbitrary and illegal. Hence, he prayed for allowing the writ petition.

6. This Court, vide interim order dated 08.06.2020, directed that status quo as on that date shall be maintained by all parties until further orders.

7. On the other hand, Sri H. Rakesh Kumar, learned Assistant Government Pleader representing the learned Government Pleader for Revenue, while reiterating the contents of the affidavit filed in support of the vacate stay petition by the 4th res , submitted that although the petitioners claim to have purchased the subject property from B. Gopal Reddy, who purportedly owned Ac.3.24 guntas in Survey Nos.L2OllL and L27 (Part), there was no legal conversion of the land for residential use and no permission was obtained from the competent authorities for the layout.

8. He further submits that land admeasuring Ac. 1 59.23 guntas 1n Survey No.12O of Dommara Pochampally Village is classified as "Gairan Sarkari" (Government Grazing Land). Out of this extent, Ac.L4O.25 guntas was assigned to various landless poor persons under the revised assignment policy introduced in 1958, exclusively for agricultural purposes. These assignments were reflected in the revenue records, and the land was classilied as "Laoni Patta" in the pahanies.

9. He submits that Ac.3.0O in Survey No.12O/11 was assigned land, and though tJ:e assigned lands are heritable, they are not alienable, attracting the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short, the Act, Page 5 of l0 1977). He further submits that several assignees violated the assignment conditions and sold the lands, attracting action under the Act.

10. Accordingly, under Section 4 of the Act, 1977, proceedings were initiated, enquiries were conducted, and notices were issued. As a result, Ac.45.00 guntas of such assigned land in Survey Nos. 120/2, l2O/4, l2O/6, I2O/LO, t2O/tr, t2olt2, t2olL6, t2o/t8, L2O/2O, t2o/27, t2ol3t, t2ol34, t20l35, t2ol36, t2O/37, and I2Ol38 of Dommara Pochampally Village were resumed by the Government vide proceedings No.A/25O/2OO4, dated 23.O2.2OO7, issued by tJle Deputy Collector & Mandal Revenue Oflicer, Quthbullapur Mandal. Possession of the said land was taken under cover of panchanama in November 2O12, and since then, the Government has been in possession and control of the land. The subject properQr claimed by the petitioners forms part of this resumed land. 1 1. He submits that tJ,e petitioners have neither challenged the said proceedings dated 23.02.2007, nor have the proceedings been set aside by any competent aufhority or court; hence, they have attained finality. L2. It is further contended that Suruey No.12O/ 1 1 is not patta land, and the alleged vendor of the petitioners was never the pattadar. Therefore, he had no legal right to convert the land into non-agricultural use or to alienate it by way of sale. Regarding Survey No.127, it is submitted that it is patta land admeasuring Ac.5.33 guntas but stands in the name of other individuals, and not in the name of tfre petitioners or their vendor.

13. The learned counsel also submits that Government land to €u1 extent of Ac.2.25 guntas in Survey No.12O/11, which is part of the resumed land, has been allotted for the establishment of an ST Post-Matric Hostel for Girls. Possession of the said land was handed over to the Assistant Engineer, Tribal Welfare Department) tlyderabad, pursuant to the Collector's Page 7 of l0 proceedings dated O8.O7.2OL6, under a panchana.ma dated 23.LL.2O16. Since then, the said department has been in possession and control of the land. Therefore, the allegation of removal of boundary stones or encroachment, as raised by tJ:e petitioners, does not arise. He also submits that in similar circumstances, certain other individuals attempted to occupy land in Surwey No.12Ol11 and filed W.P. No.4081 of 2OL9 by making similar allegations. However, the High Court, by order dated 25.03.2019, disposed of the writ petition directing the petitioners therein to seek redressal before the cqmpetent fon.m in accordance with law. Hence, the learned Government Pleader prays for dismissal of the present writ petition L4. Having heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenlre, and upon perusal of the material available on record, this Court observes tJ:at the *ir&itiorrers'are claiming ownership and possession of h -.r;**$$ **}lal &hAwi: Page 8 of l0 {; larrd in Survey Nos. L2O / lL and L27 of Dommara Pochampally Village, Gandimaisamma Mandal, Medchal-Malkajgiri District. It is an admitted fact that the land in Survey No.127 is patta land.

15. In view of the claim that the land in Survey No.120/ 1 1 is Government land and is currently in the possession of the Assistant Engineer, Tribal Welfare - Department, Hyderabad, this Court deems it appropriate to direct the petitioners to approach the competent authority for appropriate relief, in accordance with the procedure established by law. L6. Simultaneously, the respondents are directed to strictly adhere to the due process. of law before taking any action to dispossess the petitioners, if the petitioners are found to be in possession of the property. L7. It is made clear that this Court has not expressed any opinion on the merits or demerits of the case, nor I { Page 9 of10 has it endorsed the petitioners' claim of possession over the subject property.

18. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending, shall stand dismissed. SD/. AHMED ABDULLA KHAN ASSISTANT REGISTRAR oECTION //TRUE COPY// S OFFICER To

1. The Principal Secretary, Revenue Department, State of Telangana, Secretariat, Hyderabad.

2. The Distriit Collector, Medchal Malkajigiri District. 3. The Revenue Divisional Officer, Malkajigiri Division, Medchal Maikajigiri : District.

4. The Tahasildar, Gandimysamma [/andal, Medchal Maikajigiri District. 5. One CC to SRI GUDI MADHUSUDHAN REDDY, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT]

7. Two CD Copies MP GJP 4k i HIGH COURT DATED:2510912025 (.. h i) "i\ 1? [i; it!fr , l! :1, OR ER D WP.No.7799 of 2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \