High Court · 2025

Petition under Article 226 ot the Constitution of lndiat praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of Mandamus o[ any other appropriate wrrt or direction declaring the action of the Respondents No.2 and 3 in interfering with the peaceful physical possession and construction activtty of the Petittoner at Plot No.200 according to physical measurement of the land admeasuring 175.68 sq.yards (Out of 24 1 0 sq.yaids) in Sy No.338/Parl and 343lPart of Spring Valley, situated at Nizampet village and Municipal Corporation, Bachupally Mandal, Medchal-Malkajg iri Distrrct, being carried on by the Petitioner in pursuance of the Building Permit Order, daled 31-07 -2023 and the Letter of Approval for Commencement of the Work, dated 18-08-2023 under Letter No.313676/NZPT 1029012023 issued by the Nizampet Municipal Corporation, being illegal, arbitrary and violative of Articles 14,21 and 300-A of the constitution of lndia apart from being vielative of principk: of natural justice and consequently direct the Respondents No.2 and 3 and therir staff not to interfere with the peaceful possession of the petitioner over the subject property. lA NO: 1 OF 2024 Petition under Sectron 151 cpc praying that in the circumstances stated rn the affidavit filed rn support of the petition, the High corrrt may be pleased to direct the Respondents No 2 and 3 to refrain from interfe ring vrith the peacefur physical possessron and construction activity of the pet tioner at plot No.200 according to physical measuremenl of the land admeas tring i 75 6g sq.yards (out of 241 0 sq yards) in Sy No.338/part and 343/part of .spring Vailey, situated at Nizampet vrllage and I\,4unrcrpal Corporation, Bachup; lly Mandal, Medchal_ Malkajgiri District, pending disposal of the writ petition. counserrorthePetition"'',t"Ti,1t-?'#j;tlJ^iif#r*o., Counsel for the Respondents 1&2 : SRI L.RAVINDER, AGF, FOR REVENUE Counsel for the Respondents No.3: The Court made the following: ORDER i HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY ORDER WRIT PETITION No.8O43 of 2024 lt is stated that the petitioner is the owner and possessor ol plot bearing No.2O0 admeasuring 175.68 square yards in Sv.No.338/part and 343lparL of Spring Vallcy situarecl ar Nizampet Village and Municipal Corporation, Bachupally Mandal, Medchal-Malkajgiri District having purchased the s:rme under sale deecl bearing document Nos.6842/2022, dated

04.O3.2022 and after obtaining necessary permission from the locul authorities, she has started making constructiorrs. It is lurLlrer stated that on 22.O3.2024 the staff of respondent Nos.2 and 3 visited the subject property and directed the petitioner to stop the constructions based on the complaint of a third party. t

2. Sri Peddakula Papaiah, learned counsel appearing'for thc pctitioner vehemently contended that the responclents have not approachcd at the time of registration of the plots or at the time oI granting permission for making constructions ovcr the subject property. It is further contended that based on the rcgistered sale deeds the respondents have accorded permission and within the terms of the sanctioned pian the constructicns arc bcing made, however, the respondent authorities are i l CVBR, J wp 80-+3 2024 frcquenth' intcrlcring u,ith the petitioner's lrlot and claiming rights over thc l:rnds in Sy.No.338/part and 343 lpart on the ground that thc s:rid land is classified as govlrnment land and thus, the petitioner is not cntitlcd to purchasc the said plot. Hcnce, this u'rit pct ition.

3. Considercd tlrc submissions of Sri Peldakula papaiah, the lcarncd counscl {irr tl-rr: pctitioncr anc Sri L.Ravindcr, learned Assistant (io!crnmcnt Pleader ap,pcaring [or the respondents. Pcrusccl llle re(:orcl

4. Onc ol titc purch:rscrs ol'tlrc land in Sy.No.338/part and 343/part lilecl a Writ Pctition No.15595 of _2O)4 disputing thar the extent oI thc said lernds, u.hich arc in his possession arc noI formrng p:rrt o[ govcrl]rncnt l:rncl in S-y.No.34.: and in the said case this Court vide or<ler dated 21.06.2(t2q directed thc Tahsildar to c.rndLlct survcv o[ Iands in Sy.No.344 and identify the plots in the said sLlrve,v th:rt are lbrming pilrt of governntcnt land in Sv.No.344. It is to bc seen that alter c,rnducting survcy the l-ahsildar vidc letter clat <:d 07.O2.2O25 vide F 1464 12024 arddrcssecl lo thc Sub Registrrrr, Quthbullapur not to entertain any sale <leeds for the plot bc:rring Nos.196 to 2O3 (8 numbers) (.VBIT. .I wp 8043- 20211 in Sv.Nos.338 and 343 of Nizampet Village as the Writ Petition is pcnding on the file of this Cour[

5. The grievance of the petitioner in the present'"r'rit petition is that thc respondents withoul giving any notice to conduct any survc-\' arc causing obsLruction to the petitioner in procceding lgith thc constructions over t-he subject plot. A careful ex:rminatior'r ol the letter addressed by the Tahsildar to Sut) Registrar, C)uthbullapur rvould reveal that the plots claimecl by thc petitioncr in Sy.Nos.338 and 343 are overlappin5l with the lands in Sy.No.344 of Nizampet Village. The proceedings u,ould furLher revcal that no notice u,as issued to the petitioner before conducting any enquiry to the alleged survey said to have been conductecl in terms ol the orders daLed 21.06.2O24 pqssed by this Cor-rrt in W. P. No. 1 5 5gS I 2024. In the survey, if u,-ry, con<luctcd bv the respondents, reveals that the plot of the petiLioner lbrms part of the government land/park area/ reserved ior community purposes or in Sy.No.344 belonging to govcrnment, the respondents are at liberty to initiate appropriate proceedings by issuing notice to the peLitioner for his eviction. Thus, except following the proceclure 1 \ kno\\,n to lau', the respondcnts are not having power cither for I J C'VBR, J rvp 802i3 2024 demolition of the cxisliltg structurcs or conJtructions in any man ne r

6. [n vit",v ol the abovc lat:ts and circumst:r r )ccs, this Courl is of tl-rc opinion that rhc cnds ol justice woLrlcl br: met if the Tahilsdi-rr is clircctcd to r--onduct detailed enquiry. if necessary by conducting sLrrve_v throtrqh Assistant Comrissioncr, Survey, Settlements and Land Rccords, alter issuirrg notice to the petitioncr ar-rcl all othcrs, ,uvlro are interestc l in the subject lands, ancl in the said survcr,'/.joint inspectior,, iI it is revealed that thc larrd or house ih occupation of thc peliti()nr:r is forming part o[ thc government land/1;:rrk area/reservccl for comnrunity purposes or in S],.No.34.1 ltclortging to govcrnment, the Tahsildar is at Iitrcrtr. kr iniLiatc proceedings before the appropri:rtc forum lor cviction ol thc petitio.,c,] ip accordanc" with laiv-

7. With thc above otrserv:rtions, [his Writ Pe ttrion is disposed of. Therc shall bc no ordcr.ls to costs. As a scquel, the mrsr.cll:rncous petitjKrdinS, if I,ry, I shall stan cl closed //TRUE COPY// I]D/-L. VIJAYA LAXMI SISTANT REGISTRAR SECTION OFFICER I The Principal Secretary, Revenue Department' Secretariat' Saifabad' State of Telangana, HYderabad The Tahasrldar Bachupally Mandal lvledchal-lvlalkajg ir Drstrict' 1 2 t\1L l To, 3 The- Commrssioner, Nrzampet Municipal Corporation, Nizampet, Medchal_ Malkalgirr Drstrrct.

4. One CC to SRt SRTCHARAN TELAPROLU, Advocate tOpUCl 5 Two CCs to GP FOR REVENUE, High Court for the State of Telangana

6. Two CD Copies. BSK BS I t I I I I I I i HIGH COURT DATED:01 10712025 I t ORDER WP.No.8043 ot 2024 _:::=:- --\ r- S t.i, \\ r\ a. 0I s[P 2025 r .',.:, .\ ..\- \ DISPOSING OF THE WRIT PETITION WITHOUT COSTS 7lqbr I