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 Jnay be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the Respondents in trying to interfere into the petitioner Plot Nos.'198, 198-B, 199 in Sy.No.66/2 admeasuring 300 Sq Yds, 300 Sq.Yds and 300 Sq.Yds situated at Raidurg, now Khalsa Village, Serilingamally Mandal, under GHMC Serilingamally Circle, R.R.District, Telangana and without following the due process of law as per the Act, is illegal, arbitrary and violative principles of natural justice and consequently direct the Respondents not to interfere into petitioner Plot Nos. 198, '198-8, 199 in Sy.No. 66/2 admeasuring 300 Sq.Yds, 300 Sq.Yds and 300 Sq.Yds situated at Raidurg, now Khalsa Village, Serilingamally Mandal, under GHMC Serilingamally Circle, R.R.District, Telangana without following due process of law. -----= (4 lA NO: 1 OF 2025 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 direct the Respondents not to interfere into petitioner Plot Nos. 1 98, 1 gB-8, 1gg in Sy.No 66/2 admeasuring 300 Sq.Yds, 300 Sq.Yds and 300 Sq.yds situated at Raidurg, now Khalsa Village, Serilingamally Mandi, under GHMC Serilingamally Circle, R.R.District, Telangana without following due process of law, pending disposql of the writ petition. Counsgl for tfre Pqtitioner: SBI R.A.CHARY Counsel for the Respondent No.1: GP FOR HOUSING BOARD Counset for the Respondent No.2: SRI C.BUCHI REDDY, SC FOR TSHB The Court made the following: ORDER l n HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION N0.7822 of 2O2S ORDER: Heard learned counsel for the petitioner, learned Government Pleader lor Housing Board appearing for respondent No.1 and Sri C. Buchi Reddy, learned Standing Counsel appearing for respondent No.2. Perused the record.

2. Petitioner herein is claiming that he is the absolute owner and possessor of Piot Nos.198, 198-8 and 199 in Sy.No.66/2 admeasuring 300 Square Yards each, situated at Raidurg, now Khalsa Village, Serilingampally Mandal, Ranga Reddy Districton the strength of a registered sale deed bearing document No.97O7 of 2021, dated 27.O8.2021; 9705 of 2021, dated 27.08.2021 arrd 12824 of 2027, dated

29.12.2021, respectively. Petitioner herein is the owner of the said plots. Even then, respondent No.2 is trying to dispossess the petitioner without following due procedure laid down under law. Challenging the said action of respondent No.2, the petitioner hled the present writ petition. KL,J W ? No-7822 ol 2025 2

3. Whereas, Sri C.Buchi Reddy, learned Standing Counsel appearing for respondent No.2, on instructions, would submit that respondent No.2 is the absolute owner and possessor of lald admeasuring Acs.10.33 gts., in Sy.No.66/1 of Khalsa Village, Serilingampalty Mandal. Some persons are trying to encroach into the said propert5r. Therefore, respondent No,2 issued notices to severa,l people. In the present case, respondent No.2 has not issued notice to the petitioner herein and the question of interference of respondent No.2 irito the possession of the petitioner over the subject property does not a11se.

4. The aforesaid facts would reveal that the petitioner is claiming that he is the absolute owner and possessor of Plot Nos.198, 198-8 and 199 in Sy.No.66l2 of Khalsa Village. According to respondent No.2, it is the absolute owner alrd possessor of Acs.10.33 gts., in Sy.No.66/1 of Khalsa Village. Therefore, it appears that there is a dispute with regard to the identification of the ProPert5r.

5. Vide order, dated 12.03.2025 in W.P.No.7669 of 2025 in similar circumstances, this Court directed respondent No.2 to l KL,J w P.No 7a22 of 2025 J conduct survey with the help of Survey, Settlement and Land Records offrcials, demarcate the land in Survey No'66/ 1 and land in Survey No.66l2 including the plots of the petitioner therein strictly in accordance with law by putting the petitioner therein and. all interested parties on notice and affording them an opportunity of hearing' Subject to result of the said survey, 2nd respondent shall take action' if aly' against the petitioner strictly in accordance with law' However, he shall complete the said exercise within a p'eriod of two (O2) months from the date of receipt of a copy of this order.Tilltheaforesaidexerciseiscompleted,2ndrespondent is directed not to dispossess the petitioner therein' Further' this Court directed the petitioner therein not to proceed with the construction.

6. Petitioner herein is also standing on the same footing and to maintain parity, he is also entitled for the very same relief. Therefore, this writ petition is disposed of directing respondent No.2 to conduct survey with the help of the Survey, Settlement and Land Records officials' demarcate the land in Sy.No.66/ I which belongs to respondent No'2 and i KL'J w .P.No 7822 ot 2025 4 land in Sy.No.66/2 of Khalsa Village by putting all the interested parties on notice and affording them an opportunity ol hearing. Subject to the result of the said survey, liberty is granted to respondent No.2 to take action against the petitioner herein. However, respondent No.2 shall complete the said exercise within a period of four (4) weeks from the date of receipt of a copy of this order. Till then, respondent No.2 is directed not to dispossess the petitioner from the subject property and the petitioner is also ditected not to proceed with the construction. There shall be no order as to costs. As a st'quel, miscellaneous petitions, if any, pending in I the Writ Petition shall stand closed. //TRUE COPY// To,

1. The Principal Secretary, Housing Board Depa Telangana. SD/.P.PADTVIANABHA REDDY DEPUTY REGI SECTION OFFICER , Secretariat, Hyderabad,

2. T.he Executive. Engineer (HG), North Division, Telangana Housing Board, Hyderabad, Telangana State.

3. One CC to SRI R.A.CHARY, Advocate [OPUC] 4. One CC to SRI C.BUCHI REDDY, SC FOR TSHB [OPUC] 5. Two CCs to GP FOR HOUSTNG BOARD, High Court for the State of Telangana at Hyderabad [OUT]

6. Two CD Copies BSR BS Y{ HIGH COURT DATED:13103t2025 R ORDER WP.No.7822 ot 2025 1HE ? z tlnv 2gz5 o \ a eD, C { I DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ."R(4 x X"