High Court · 2025

3. Sri.C,Ramchander, Sio C.Gandaiah, Aged 68 years, Occ.Retd.Emp{oyee Rl/o H.No.8-3-22914/6/1 , Rahmathnagar Road, Yousufguda Checkpost, Hyderabad. (Petilioners No.1 to 3 are rep by their G.P.A, Holder Sri. Syed Shafeeuddin Ahmed 5/0 S.G. Mohiuddin, Aged 53 years, Occ.Business, Rl/o H-No.8-3- 1 68lEl2 13 1, Ra jeevnagar, Hyderabad. ...PETITIONERS AND 1 The State of Telangana, represented by its Principal Secretary, Revenue Department, Secretariat Building, Hyderabad. 2 J 4 The Collector, Hyderabad District, Station Road, Hyderabad The Revenue Divisional Officer, Secunderabad Division, at Secunderabad The Tahsildar, Shaikpet lulandal, Banjarahills, Hyderabad. ...RESPONDENTS 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, or any other appropriate Writ or Writs, declaring the action of the Respondent No.2 to 4 in forcibly erecting sign board into the Petitioners Plot bearing Plot No.S-1, Adm. 1O7 Sq. Yards, Plot No.S-2, Adm. 107 Sq. Yards, and Plot No.S-3, Adm. 117 Sq. Yards situated at Road No.10- C, Jubilee Hills Cooperative House Building Society forming part of Sy.No.403/1 (Old) Sy.No.129 (New) of Shaikpet Village and Sy.No.102il of Haki r pet Village, Hyderabad District and high handedly disturbing the possession ol he petitioners over their plots, without following the due process of law, as rn id, iflegar arbitrary and violative of petitioners fundamental right guaranteed undr r Article 14, 21 and 300- A of constitution of rndia and against the principre; of naturar justice and consequently direct the Respondents No.2 to 4 not i( disturb the petitioners possession over their respective plots. lA NO: 1 OF 20 20 Petition under Section 'l5i cpc praying that in thr> circumstances stated in the affidavit'{iled in-supoo( of the petition, the High c:( urt may be preased to DIRECT the Respondents No.2 to 4 not to disposs€ 1 s the petitioners frorn possession of their respective plots bearing prot No.s-1 Adm. 107 Sq. yards, Plot No.S-2, Adm. 107 Sq. yards, and plot No.S-3, i\ lm. 117 Sq. yards all situated at Road No- 1 0-c, Jubiree Hifls cooperative - ruse Buirding Society, forming part of Sy.No,403/1 (Otd) Sy.No.129 (New) o Shaikpet Viltage and Sy.No.102/1 of Hakimpet viflage, Hyderabad District, per< ing disposar of the writ Petition. Counsel for the Petitioner : SRt MEHBOOB ALl, rep., SRI MUDDU VtJAy Counsel for the Respondents: SRI H.RAKESH KUMAR, ,1 ip FOR REVENUE The Court made the following: ORDER I THE HON'BLE SRI .IUSTICE E.V.VENUGOPAL WRIT PETITION No.8225 OF 2O2O ORDER: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:- "... to issue Writ Order or Direction, more particularly one in the nature of Writ of MANDAMUS, or any other appropriate Writ or Writs, declaring the action of the Respondent No.2 to 4 in forcibly erecting sign board into the Petitioners plot bearing Plot No.S-1, Adm. IO7 Sq. Yards, Plot No.S-2, Adm. I07 Sq- Yards, & Plot No.S-3, Adm. 117 Sq. Yards situated at Road No. l0-C, Jubilee Hills Cooperative House Building Societlr forming part o[ Sy-No.4O3/ f (Old) Sy.No. 129 (New) of Shaikpet Village and Sy.No.102/ I of Haki-rnpet Village, Hyderabad District and high handedly disturbing tJle possession of the petitioners over their plots, without following the due process of law, as void, illegat arbitrary and violative of petitioner's fundamental right guaranteed under Articte 14, 21 and 3OO-A of Constitution of India and against the principles of natural justice and consequently direct the Respondents No.2 to 4 not to disturb the the petitioner's possession over their respective plots and may pass such other order or orders ..."

2. Heard Mr.Mehboob Ali, Mr.Muddu VUay, learned counsel for the petitioners, learned counsel representing Mr.H.Rakesh Kumar, learned Assistant Government Pleader representing learned Government Pleader for Revenue appearing for respondent Nos. 1 to 4.

3. The brief facts of the case are that the Jubilee Hills Cooperative House Building Society was allotted an extent of iand admeasuring 1398 Acres in Sy.No.120/4O3-l of Shaikpet Village and Sy.No. 1O2/1 of Hakimpet Village, of the then Golconda Taluq Hyderatrad District vide G.O.Ms.No.147 Revenue ) Department dated.31-01-1964 issued by the ]overnment of Andhra Pradesh; tJlat the said society has dividr: t the said land into Plots as per the Layout sanctioned bv the Municipal corporation of Hyderabad and arotted variorr; prots to its Members; that the society agreed to lease out the j ,lots to its staff in view of the seruices rendered by them to the r; rciety; that the Society agreed to give the plot Nos.S_2, S-1, S,li adm. 1O7 Sq. yards, situated at Road No.lO-C, Jubilee Hills Co,r rerative House Building Society, forming part of Sr. No.403/ 1(old), Sy.No.129(new) of Shaikper Village and Sy.No. lO2 1l of Hakimpet Village of the Jubilee Hills Co-operative House Er rilding Society Limited to the Petitioners on lease for 99 yeat-s, and executed Registered lease deeds dated O7_11_199 1, bea- ng document Nos.3349/199I, 3345/199 I and 33SZ/lggt res; rectively; that since then, the petitioners are in peaceful poss: ;sion of their respective Plots, since past 3O lzears with the knc wledge of the officials respondents; that previously in the mc,: ,th of March 2017, tLre Offrcials of respondent Nos.2 to 4 al rng with the Officials of the GHMC tried tc distlrrb the posr; ,ssion of the petitioners over their respective plots. Aggrieved bv he same, the petitioners through their G.p.A holder submitted r: rresentations dated 03.03.2O17 before respondent Nos.2 & 3, tl.r,: Office of The 3 Commissioner/GHMC, Hyderabad which was received and acknowledged by them respectively; that later, the Officials of the respondent Nos.2 to 4 stopped their interference with the properties of the petitioners; that again the Offrcials of respondent Nos.2 to 4 high-handedly interfered w'ith the possession of the petitioners over their aforesaid respective plots, stating that the properties belong to the Government; that again during the last week of May 2O2O, respondent No.4 along vrith its Offrcials visited property of the petitioners and tried to erect a sign board thereon exhibiting that the petitioners' propertSr is a Government land; that when the petitioners opposed the trighhanded action of respondent No'4, they stated that the petitioners have encroached into the Government land and as per the instructions of respondents No 2 & 3, respondent No'4 came to subject plots ald erected sign board, without causing notice on the petitioners. Aggrieved by the same, the petitioners preferred the present Writ Petition.

4. lrarned counsel for the petitioners submits that the action of respondents in erecting sign boards upon the petitioners plots and taking the same into possession without issuing any notice to the petitioners as required under the Land Encroachment Act 4 and without following the due process of law is llegal, arbitrary and violative of the fundamental rights as grr tranteed under Articles 14, 21 arrd,3OO-A of the Constitution of I rdia. Therefore, he seeks to pass appropriate orders.

5. Learned Assistalt Government pleader by li instructions passed on by respondent No.4 to _ Pleader for Revenue contends that the Deputlr with the loca1 V.R.O. of the Oflice has enquired ald submitted that the land in Sy.No.4O3lF. TS.No. 1, Block-B, Ward-lO of Hakeempet Villag: Mandal; that as per the TSLR, the entries made recorded as "SARKARI', and Col.No.2O is recor: BANJARAHILLS,. The classification of the sr.r Government; that as per the revenue records i., entries made in Col.No. 1 1 is recorded as SARKARI' ald Col.No.12 is recorded as ,,SARKAF: the subject land is vacant with Government Sign thereon. ing the written re Government iurveyor along nto the matter correlated to and Shaikpet n Col.No.10 is :d as "GOVT. rject land is '., Pahani the ,PORAMBOKE '. On ground, board erected 6 He further contends that the contention of t re petitioners that the subject land belongs to Jubilee Coop t rative House Building Societ5r and that the society has leased the subject lands 5 to the petitioners is fa]se, baseless aI1d misconceived and that the subject land is a pure Government land' He states that the allegedleasedeedsreliedbythepetitionersdonotpertaintothe subject lalds ald that they are distinct as such, they do not confer any right or title to the petitioners' Therefore, he seeks to dismiss the Writ Petition as misconceived'

7. Having regard to the submissions of both the learned counsel and on perusal of the material available on record, this Court, w'ithout making any observations on the merits or demerits of the case, deems it appropriate to dispose of ttre Writ Petition by directing the official respondents to follow the procedure as laid down under law in the event they contemplate to take any action with regard to the subject property'

8.WiththeabovedirectionthisWritPetitionisdisposedof.No costs. To, Miscellaneous Petitions, pending if any, shall stand closed' //TRUE COPY// SD/- A. JAYASREE ASSISTANT REGISTRAR I sEcrtdfi oFFlcER

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

2. The Collector, Hyderabad District, Station Road, Hyderabad 3. The Revenue Divisional Officer, Secunderabad Division, at Secunderabad 4. The Tahsildar, Shaikpet tViandal, Banjarahills, Hyderabad. 5. One CC to SRI MUDDU VIJAY, Advocate. [OPUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana' {suTl ---.'r<:zEj <rqiq-r.,j p..x,; . j n 6*tsdt+.c r&-.:-rr,ri1:q+__sts a.r. :-. . ; _, a. TLJO CD C BSK FYt- t Sk \ / HIGH COURT 'DATED:1 110912025 \ \ ORDER WP.No.8225 of 2020 'je ( ',r' s Bi 2 i JAN 2026 (-7 'z o )..sr-r\t":. t):;/ x.. I DISPOSING OF THE WRIT PETITION WITHOUT COSTS o 9