The High Court · 2025

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 a writ of Mandamus or any other appropriate writ or direction declaring the action of the Respondent No.2 in interfering with the peaceful physical possession and enjoyment of the Petitioner at Plot No.203 admeasuring 176 0 sq.yards in Sy.No.338/Part and 343lPatl of Spring Valley, situated at Nizampet village and Municipal Corporation, Bachupally Mandal, Medchal- I I Malkajgiri District, by interferrng wrth the construction activi, y being ca.ried on by the Petitioner in prursuance of the Letter of Approval for C cmmencenrent of the Work vide Letter No 313662/NZPTl02ggl2023, dated '18-0i3-2021i, being illegal, arbitrary and vrolative of Articles 14,21 and 300-A of the Constitution of lndia apart from being violative of principle of natural justice an,l consequently direct the Respondent No.2 and his staff not to rnterfere with the peaceful possession of the Petitioner o'r'er the subject property lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the ,lircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the ResponJent No 2 to refrain from interfering with the peaceful physical possession and construction activity of the Petitioner at Plot No.203 admeasuring 176.0 sq yards in Sy No 33B/Part and 343/Part of SprinS.; Valley, situated at Nizampet village and Municipal Corporatron, Bachupallr,' Mandal, Medchal- Malkajgiri District, pending disposal of the writ petition lA NO: 3 OF 2024 Between: The Spring Valley Owners Mutually Aided Cooperative Mainlenance Society Ltd , Villa Plot No. 191/1, Club House Spring valley Water Tank [:load, Near Journalist Colony, Nizampet Elachupally, Mandal Medchal-Malkajgiri Distr c[ Rep by its President Borra Chandra Shekar, S/o Potchaiah A,qbd about 43 years ,R/oVillaNo P'11100SpringValley,NizampetVMedchal Matkajgir)Dist5000090. AND ....PETITIONER/PROPOSED RESPONDENT 3

1. Palla Jayararn, S/o Narayana, Aged 40 years, 0cc. Business, R/o H.No.7-323, Near Post Office, Main Road, Chrmakurthi, Prakasarn Dtstrict, Presently residing at Flat No.201, Karthik Residency, Gokul P ots, Venkataramana Colony, KPHB, Medchal-Malkajgirr District.

2. State of Telangana Rep by its Principal Secretary, Reve rue Department, 3, The Tahasildar, Bachupally Mandal, Medchal-Malkajgiri t)istrict Secretariat, fiaifabad, Hyderabad. ...PETITICINER/RESPONDENT ...RESPONDENTS/RESPONDENTS Petition under Section '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate interim orders Dt. 20-03-2024 passed in W.P.No. 7279 of 2024 and dismiss the W.P. as devoid of merits Counsel for the Petitioner: SRl. SRICHARAN TELAPROLU Counsel for the Respondent Nos. 1to3: GP FOR REVENUE Counsel for the Respondent No.4: SRI K. SRAVAN KUMAR REDDY The Court made the following: COMMON ORDER HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY I. A.No.2 of 2024 In/and WRIT PETITIONNo .7279 of 2O24 COMMON ORDER It is stated ttrat the petitioner is the owner artd possessor of plot bearing No.203 admeasuring 176 squa-r.e yards in Sy.No-338/part and 343/part of Spring Valley situated at Nizampet Village and Municipal Corporation, Bachupally Mandal, NIedchal-Malkajgiri District having purchas;ed the same under sale deed bearing document Nos'6841 / 1'102 2, dated O3.O}.2O22 and after obtaining necessary permission from the local authorities, he started making constructions' It is furthor stated that on 22.03.2O24 the staff of respondent Nos'2 and 3 visited the subject property and directed ttte petil oner to stop the constructions based on the complaint given by t: third partv' \

2. Sri Peddakula Papaiah, learned counsel appt:aring for the petitioner submitted that basing on the registered sirle deeds the respondent authorities have accorded permisl'iion to the petitioner in accordance with the terms of the sallcLioned plan the constructions are being made. However, thr'r respondent authorities are frequentJy interfering with the pe:itioner's plot and claiming rights over the lands in Sy.No.3 38/part and 2 CVBR, J 343 /parL on the ground that the said land is classiiied as Government land and the petitioner is not entitled to purchase the said plot. Hence. this writ peLition.

3. The Spring Valley Owners Mutually Aided Cooperative Maintenance Socieq, Limited, which is a third party, frled I.A.No.2 of 2024 under Rule 16-A of Writ Rules for impleading it as respondent No.4 in the writ petition. Considering the averments of thc affidavit liied in support of the petition in I.A.No.2 of 2024 and since an opportunity has to be given to tlrem to contest the writ petition, i.A.No.2 of 2024 is ordered by impleading The Spring Valley Owners Mutually Aided Cooperative Maintenance Society Limited as respondent No.4 in the writ peLition. I

4. Considered the submissions of Sri Peddakula Papaiah, the learned counsel lor the petitioner, learned counsel for Spring Valley Owners Mutually Aided Maintenance Societ5r Limited and Sri L.Ravinder, learned Assistant Government Pleader appearing for tJle respondents. Perused the record.

5. The learned counsel appearing for the Spring Valley Owners Mutually Aided Cooperative Maintenance Society . i,13''&, J CVBR. J Limited submitted that the place, wherein the constluctlons are being carried out by t1le petitioner is a ( iovernment land/common area of spring valley society/roads,' park area Therefore, the petitioner is not entitled to make anlr construction in the space reserved for the communily purDoses and therety the construcLions being made by the pt'titioner are illegal and liable to be removed. It is further conlended thal having noticed that the petitioner is illegally proceeding with the constructi()n in the space reserved for community pt.trposes, the Spring Vzrlley Society made applications to the r€venue authorities but there was no response.

6. The petitioner, who is also purchaser of lhe la;rd in Sy.No.338/part and 343/part flled a Writ Petition ltlo'15595 of 2O24 disputing that the extent of the said lands, rvhich are in his possession are not forming part of Governmrrnt' land in Sy.No.344 and in the said case tJlis Court vide order dated 2I.06.2024 directed the Tahsildar to conduct survei' of lands in Sy.No.344 and identify the plots in the said sun;ey that are forming part of Government land in Sy.No.344' It is to be seen that after conducting survey the Tahsildar vidr': letter No' Bl464l2Ct24, dated' 07.O2.2025 addressed to the Sr.Lb Registrar, 5" 4 CVBR, J Quthbullapur not to entertain any sa]e deeds for the plot bearing Nos. 196 to 203 (8 numbers) in Sy.Nos.338 and 343 of Nizampet Village as the Writ Petition is pending on the file of t-his Court.

7. The grievance of the petitioner in the present writ petition is that the respondents without giving any notice to conduct any survey are causing obstruction to the petitioner in proceeding with the constructions over the subject plot. A careful examination of the letter addressed by the Tahsildar to Sub Registrar, Quthbullapur would reveal that the plots claimed by the petitioner in Sy.Nos.338 and 343 are overlapping with the lands in Sy.No.344 of Nizampet Village. The proceedings would further reveal that no notlce was issued to the petitloper before the alleged survey said to have been conducted in terms of the orders dated 21.06.2024 passed by this Court in W.P.No.15595/2O24. In the survey, if arry, conducted by the respondents, reveals that the plot of the petitioner forms part of the government land/ park area/reserved for community purposes or in Sy.No.344 belonging to government, the respondents are at libert5z to initlate appropriate proceedings by issuing notice to ttre petitioner for eviction. Thus, except 5 CVBR, J following the procedure known to law, the respondcnts are not having porver either for demolition of the existing slr.tlctures or constructi()ns in any malner. . 8. In view of the above facts and circumstances. this Court is of the opinion that the ends of justice would be met rf ttre I Tahilsdar is directed to conduct detailed enquiry, if nr:cessary by conducting survey through Assistant Commission:rr, Survey, Settlements and Land Records after issuing not ice to the petitioner, the Spring Valley Owners Mutu:rlly Aided Maintenan<:e Society Limited and others, who are ir terested in the subject lands, and in the said survey/joint inspection, il-it is revealed that the land or house in occupation of the pretitioner is forming part of the Government land/park area/r(,servecl for community purposes or in Sy.No.344 betonging to Government, the Tahsildar is at liberty to initiate proceedings before the appropriate forum for eviction of the petitioner in zrccordance with iaw.

9. Accordingly, I.A.No.2 of 2024 is ordered and this Writ Petition is disposed of with tJle above observations. ,l.here shall be no order as to costs. 5 CVI]R. J As a sequel, the miscellaneous petitionpr4lpcling, if any, shall stand closed. I //TRUE COPYII To, D/.MOHD. ISMAIL E UTY REGISTRAR SECTION OFFICER I T.S..Hvderabad '1. The Principar secretary, Revenue Department, Secretariat, saifabad, 2 The Tjhasitdar, Bachupaily-V.rlgqt, Medchat-Matkajgiri District, 3. one CC to SRt SRtcHAHAN-irLnFnoIu"'nj""cate 4 Two ccs to Gp FoR REVENUE x;sh'c;;,r'#'t"n" sliG oi iltangana at [opUC] 5 ohe CC to SRt k snnvRru KUMAR REDDY, Advocate topUCI 6. Two CD Copies Hyderabad IOUTI BM BS t HIGH COURT DATED:0110712025 COMMON ORDER tA NO. 2 0F 2024 IN/AND WP.No.7279 of 2024 .4il';:";.' ,, .<- ,k'/Jii; 16 siP 2925 .1. '\ -; \4^ \..'' t''- * '-t:' "" IA NO.2 OF 2024IS ORDERED DISPOSING OF THE WRIT PETITION WITHOUT COSTS ? /lt