The High Court · 2025

Petition Under R,titte zZO of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be preased to issue a writ of Mandamus or any other appropriate writ or direction declaring the action of the Respondents No 2 and 3 in interfering with the peaceful physical possession and enloyment of the Petitioner at PIot No'196 admeasuring 1gg 75 sq yards, prot No.1g7 according to physicar measurement of the land admeasuring 204.0 sq.yards (Out of 225_0 sq.yards) and plot No.19g according to physical measurement of the land admeasuring .175.0 sq.yards (Out of 228.0 sq.yards) in Sy.No.338/p aft and 343/part of Spring varey, situated at Nizampet village and lvtunicipal Corporation, Bachupally Mandal, Medchal_ Malkajgiri District, by interfering with the construction activity being carried on in the subject properly by the petitioner in pursuance of the Buirding permit orders, dated 0'1108/2023, 31r07t2023 and 31ro7 12023 and the Letter of Approvar for Commencement of the Work, dated 3OlOBt_2O23, 18tOB/2023 and 18/08/2023 respectively' being i'egar, arbitrary and viorative of Articres 14,21 and 300-4 of the constitution of rndia apart from being viorative of principre of nalurar justice and consequen'y direct the Respondents No.2 and 3 and their staff not to interfere with the peaceful possession of the petitioner over the subject property. l.A.NO:2 oF 2024 Between: #+ffi r#;xi.,}trffi ixfr ,Nffi lT{,*s,.r'$,l:* AND ....PETIT|ONER/PROPOSED TIESpONDENT No.4 eusiieit, 'i;;'il 1. Vasipally Masthan Redr,v S/n \/a^r,^r^ o^-rr i!,ileYi,,i€1,.^{3ii_ai*rl"S,ll;,,ono.11,. otor."fi,.i',ro,"".? District, presenly residing it rrrt" rvdlsdg. 6.;l sooo8e. rshipi rt,ri"ir,,i,ior,"i"r"piir,ilffi:, H:ii3: {Sl'18"":3i Begonia Atkaour iowr I 2stateorreransana,lrg^0.11g,",,n";;;T:"#;:Xl:X,:TfiH:tit- Secretariat, sai15oad, Hyber6uao 3.The Tahasildar, Bachupally Mandal, Medchal_Malkajgiri Diskict. v Fs' vuv'|u(o,) Nt?ilXf; : ts:i"#,S1,3;:?:'"tion' Nizam pet' Medchar- Markajsi ri Dis tricr. t .....RESPONDENTS/RESPONDENTS 7 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 implead the Petitioner as proposed Respondent No 4 in W P No 8055 of 2024 in the interest of justice. Counsel for the Petitioner : SRI SRICHARAN TELAPROLU Counsel for the Respondent Nos'1 & 2 : SRI L'RAVINDER' AGP FOR REVENUE Counsel for the Respondent No'3 : SRI B'JAGAN MADHAV RAO Counsel forthe Respondent No'4: SRI K'SRAVAN KUMAR REDDY The Court made the following COMMON ORDER I HONOURABLE SRI JUSTICE C.V. BIIASKAR REDDY I.A.No. 2 of 2o24 In/and ION lYo-S qIRIT PETIT O55 of 2024 COMMON ORDER: It is stated ttrat the petitioner is the owner and possessor Sy.No.33{3/part and of various extents of house plots 343 /part of Spring Valley situated at Nizampet 'r'illage and Municipal Corporation, Bachupally Mandal, Medchal_Malkajgiri District having purchased the same under different sale deeds and after obtaining necessary permission from the local authorities, he started making constructions. It is further stated that on 22.03-2024 the staff of respondent Nos.2 and 3 visited the subject property and directed ttre petiLioner to stop tlee constructions based on ttre complaint given by a third party.

2. Sri Peddakula papaiah, learned counsel appealing for ttre petitioner submitted that basing on the registered sale leeds the respondent authorities have accorded permissrorr to tJ-c petitioner and in accordalce with the terms of ttre sanctioned plan the constructions are being made. However. the respondent authorities are frequently interfering with the petitioner's plots and claiming rights over the lands in Sy.No.338/part and 343/part on the ground that the said land '--.t ') CVBR. J is classified as Government land ald the peLitioner is not entitled to purchase the said plots' Hence, this writ petition'

3. The Spring Valley Owners Mutualiy Aided CooPerative third PartY, hled Maintenance Society Limited, which is a I.A.No.2 of 2024 under Rule 16-A of Writ Rules for impleading it as respondent No.4 in the rwit petition Considering the avermentsoft}reaffidavitlrledinSupportofthepetitionm i.A.No.2 of 2024 and since an opportunity has to be given to them to contest the writ petition, I'A'No'2 of 2024 is ordered by impleading The Spring Valiey Owners Mutually Aided Cooperative Maintenance Society Limited as re'spondent No'4 in the writ Petition.

4. Considered the submissions of Sri Peddakula. Papaiah' thelearnedcounselforthepetitioner,learnedcounselfor Spring ValleY Owners Mutually Aided Maintenance Society Limited and Sri L.Ral'tnder, learned Assistant Government Pleader appearing for t}re respondents' Perused the record.

5. The learned counsel appearing for the Spring Valley Owners Mutually Aided Cooperative Maintenance Society Limited submitted that the place, wherein the constructions are being carried out by the petitioner is a Government , CVBR, J land/common area of spring valley socie[r/ roads./ park area. Therefore, the pedtioner is not entitled to make any construction in the space reserved for ttre communirlr purposes arrd thereby the constructions being made by the petttioner are illegal ald liable to be removed. It is further contended that having noticed that the petitioner is illegally proceedi;rg with the construction in the space reserved for community purposes, the Spring valley Society made applications to thrl revenue authorities but there was no response.

6. One of the purchasers of the land in Sy.No.33gt/part and 343 /part filed a Writ petition No. 15595 of 2024 disputing thar the extent of the said lands, which are in his possesston are not forming part of Government land in Sy.No.344 ald in the said case this Court vide order dated 21.06.2024 directed the Tahsildar to conduct su rvey of lands in Sy.No.344 and identi$u the plots in tJle said survey tJlat are forming part of GoJernment land in Sy.No.344. It is to be seen that after conductirlg survey the Tahsildar vide letter No.B/464/2O24 dated O7.O2.2O25 addressed to the Sub Registrar, euthbullapur not to entertain any sale deeds for tlie plot bearing Nos.196 to 2O3 (g numbers) in Sy.Nos.338 and 343 of Nizampet Viliage as the Writ. petition is pending on the frle of this Court. -l 4 CVBR. J The grievance of the petitioner in the present writ petltlon 7. 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 plots A careful examinationoftheletteradd-ressedbytheTahsildartoSub Registrar, Quthbullapur would reveal that the plots ciaimed by thepetitionerinSy.Nos.338atrd343areoverlappingwiththe lands in Sy.No.344 of Nizampet Village' The proceedings would further reveal that no notice was issued to the petitioner before the the alleged survey said to have been contlucted in terms of 21.C,6.2024 passed try this Court ln the orders dated In t1le survey, if any, conducted by the W.P.No. 15595/ 2O24' respondents, reveals that the plots 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 liberty to initiate appropriate proceedings by issuing notice to the petiLioner for eviction' Thus' except following the procedure known to law' tJle respondents are not having power either for demolition of the existing structures or t constructions in anY manner- In view of the above facts and circumstances' this Court 8. is of the opinion that the ends of justice would be met if the ) CVBR, J Tahilsdar is directed to conduct detailed enquiry, if necessary by conducting survey through Assistant Commissioner, Survey, to t.l.e Settlements and L,and Records after rssulng notice petitioner, the Spring Valley Owners Mutually Aided Maintenance Society Limited and others, who are r,terested in the subject lands ald in the said survey/joint inspection, if it is revealed that the lands and houses in occupation of the petilioner are forming part of the Government lald/park area/reserved for community purposes or in Sy. No.344 belonging to Government, the Tahsildar is at liberty to initiate proceedings before the appropriate fon.rm for eviction of the petitioner in accordance with law.

9. Accordingly, I.A.No.2 of 2O24 is ordered and this Writ Petition is disposed of with t1.e above observations. l.here shall be no order as to costs. r As a sequel, the miscellaneous netitjft ding, if any, shall stand closed //TRUE COPY// SD/-A.GOWRI SHANKAR SISTANT REGISTRAR SECTION OFFICER etariat, isaifabad, State of It/alkajgiri District. I elangana at Hyderabad. 1 The Principal Secretary, Revenue Department, S 2. The Iahasildar, Bachupaily Mandal, Medchat-Matkajgiri District. J ] ]1e_ U.oLT:sioner, Nizampet lvlunicipal Corporation, Nizampet, Medchal_ 4. Two CCs to Gp FOR REVENUE , High Court for the State of Telangana at 5. One CC to SRt SRTCHARAN T 6. One CC to SRI B.JAGAN MAD 7. One CC to SRI K.SRAVAN KU 8. Two CD Copies FLA|SOLU, Advocate [OPUI3] HAV RAO, Advocate (OPUC) MAR REDDY, Advocate (OpiJC) Hyderabad [OUT] & To SA HIGH COURT CVBR,J DATED:01 tltt2O2S COMMON ORDER |.A.NO.2 0F 2024 !N/AND WP.No.80SS of 2024 I.A IS ORDERED AND W.P IS DISPOSED OF WITHOUT COSTS. 1 1 L\ I R 1r-lE Si.. o (), 0I sEP 20m a( ::) \. I