High Court · 2025

THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITION NO: 7865 OF 2019 Between: Kommu Srinivas, S/o Komuraiah, Aged about 47 yearc, Occ- Govt. Employee, Rl/o l-C.P.Boraj, Adilabad District, Telangana State. ...PETITIONER AND

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

2. The District Collector, Karimnagar Diskict At Karimnagar. 3. The Revenue Divisional Officer, Karimangar. 4. The Tahsildar, Kothapally Mandal, Karimnagar Rural, Karimnagar Diskict. ...RESPONDENTS 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 appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the highhanded action of the respondents in illegally interfering with the construction work in the premises bearing lvlunicipal No.1-81/4/4/2 admeasuring an extent of 1820 sq. yards situated at Rekurthy Village of Kothapally Mandal, Karimnagar District as arbitrary, illegal and against the principles of natural justice and consequently to restrain the respondents from demolishing or interfering with my constructed part without following due procedure. in premises bearing Municipal No.1-81141412 admeasuring an extent of 1820 sq. yards situated at Rekurthy Village of Kothapally Mandal, Karimnagar District. --.4- -'*'.-g _/ -..,. /,' lA NO: 't OF 2019 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 restrain the respondents from demolishing or interfering with the petitioners peaceful possession of the house with compound wall without following due procedure in premises bearing Municipal No.1-81141412 admeasuring an extent of 1820 sq. yards situated at Rekurthy Village of Kothapally Mandal, Karimnagar District, pending disposal of the above writ petition. Counsel for the Petitioner: SRl. P SAJAN KUMAR Counsel forthe Respondents: Gp FOR REVENUE The Court made the following: ORDER I SK, J w Ir No 7a65 of 20 I9 THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.7865 of 2Ol9 ORDER: This writ petition is filed questioning the action ol the respondents in interfering with the construction w<rrk in thc premises bearing Municipal No.1-81141412 admeasuring to an extent of 1820 sq. yards situated at Rekurthy Village of Kothapally Mandal, Karimnagar District, as illcgal and arbitrary.

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue and perused the entire material on record.

3. Learned Counsel for the petitioner submits that the pctitioner is owner and possessor of the house bcaring No.l-8I la /4/2 consisting with entire open Iand includes the house in the land admeasuring to an extent of 182O sq. yards situated at Rekurthy Village of Kothapally Mandal, Karimangar District, by virtue ol registered gift settlement deed executed by his mother vide document No.5763l2013 dated 3O.04.2013 and I 2 st(,.J W P No 7865 of20l9 his name u,as also mutated in the revenue records After obtaining house construction permission on O1.O4.2016, thc petitioner dismantled the old compound u,all and raised a new compound wall over the entire extent of land, but the respondents came to the house of petitior.rer and dismantled the compound wa1l without follou,ing due process and requested to direct the respondent.s not to demolish or interfere with the subject property of the petitioner.

4. Learncd Assistant Government Pleader for Revenuc, based on the counter averments, submits that the sister ol petitioner by name Uppari (ti) Jammikunta Prameela u,ith maiafide intention to grab the valuablc land relating to Naddinala on the bank of vorre has illcgally cncroached/occupied hugc extent of land of l82O sq. yards (about Ac.O-15 gts) of land by erecting a small shed and managed the local authorities to allot H.No.18ll4l4l2 for the said itlegal structure without any valid document or right or title and thereafter, said Premeela in collusion with the ffiw7 3 SK, J W.P. No.7865 of 2019 pctitioner has exccuted a settlement deed vide document No.5763/20 13 dated 30.04.2013 in favour of the petitioner for the land admeasuring to an extent of 1820 sq. yards re lating to Naddinala situated at Rckurthi Village. He submits that in fact, the petitioner has no right over the subject land as it is existed on the Bank of vorre and the sister of the petitioner without any valid right or title has executed the settlement deed 1n favour of the petitioner and in collusion, both of them have created a false and bogus document to grab the valuable Government land which is illegal and arbitrary and requested to dismiss the writ petition. \

5. After hcaring both sides and perusal of the entire I I material on record, this Court is of the considered view that the petitioner 1S questioning the action of the rcspondents in interfering with the construction work in the subject premises without following due process of law. In the entire counter, no where it is mentioned that the rcspondents have followed due process as per the Land Encroachment Act, 1905 for evicting the 4 SIi. J u.l' No 7iJ65 ot 2019 petitioner lrom the Government land occupied by the petitioner.

6. In vier,r, of the same, the Writ petition is disposcrl of directing the respondents not to interlere nrith the possession of tlrc petilioner over the subjcct propcrty without following due pr-ocess of 1aw. If the respondents \ /ant to cvict the petitioner from the subject property, they have to follow due process under the provisions of Land Encroachment Act, 1905. No order as to costs.

7. Miscellaneous petitions, il any pending in this writ petition, shall stand closed. \ To, //TRUE COPY// SD/- K. AMMA"'I EPUTY REGISTRAR SECTION OFFICER ? J

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

2. The District Collector, Karimnagar Diskict At Karimnagar. 3. The Revenue Divisional Officer, Karimangar. 4. The Tahsildar, Kothapally Mandal, Karimnagar Rural, Karimnagar District. 5. One CC to SRl. P SAJAN KUMAR Advocate [OpUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. IOUT]

7. Two CD Copies 8. One spare copy GK BM I r:Tr.---;.; .*-- ;i:-- .,t -r----; -.--; HIGH COURT DATED:21 10412025 f I t ORDER WP.No.7865 of 2019 oB -f HE ti; 4t ( s L1 o O * 2I ,tul 2p5 (' : Dar6, r''r t DISPOSING OF THE WRIT PETITION WITHOUT COSTS