High Court · 2025

'l . pusukuri srinirl-aga Rao, S/o Vee_ra Rao, aged. 53 years, occ. Business, Rt/o. - - ^ I. tlq. 10-120131D8, Patakurthy Viilage and"ManOat, .lang'oanb[t"ci.---' 2. Pusukuri Suniltrl W{o Srinivdsa_ Ra-o, aged. 50 years, bcc. House-holO, R/o. - -' "- H. No. 10-120/3/D8, Patakurthy Viflage aid Mandal, Langoan Oblrici. AND ...PETITIONERS Secretariat, Hyderabad. '1. The State of.Telangana, rep. by its principal Secretary (Revenue), 2. The District Collector, Jangoan District, Jangoan. 3. The Tahsildar, Palakurthy Mandal, JangoariDistrict. 4. The Mandal Surveyor, Olo. The TahsildJar, palakurthy Mandal, Jangoan 5. The District Survey Officer, Survey and Land Records, O/o. The District District. Collector, Jangoan District, Jangoan. ...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 a writ, order or Direction more particularly one in the Nature of MANDAMUS or any other appropriate writ declaring the action of respondents more particularly respondents No. 3 to s interfering with the peaceful possession and enjoyment of the house property bearing H.No. 120l3/Dg, situated in Palakurthy Village and Mandal, Jangoan District, Owned and possessed by petitioner No. 2 and their encroachment claims of government land in sy. No. 566 by the petitioners as illegal, arbitrary, politically motivated, abusive of office, and violative of the principles of natural justice, fair play, and the fundamental rights guaranteed under Articles 14, 21, and 300-4 of the constitution of lndia and consequently quash the notice U/s. 7 of relangana Land Encroachment Act, 1905 in Rc. No. 8141712025 dated. 1810112025, and the survey notices issued by the respondent no. 4 and 5 in file No.8141712025 dated. 1710212022i and Rc. No. A1111Ot2O25 dale l. O710312025 respectively. lA NO: 1 OF 2025 Petition unr er Section 151 CPC praying that in the circumsternces stated in the affidavit filecl n support of the petition, the High court may be pleased direct the respondents to cease all harassment and interference with the peaceful possessionand:njoymentofthehousepropertyownedandpossessedby petitioner No.2 b:aring H.No. 10-120l3/DB, situated in Palakurthy Village and Mandal, Jangoar District, by making false claims of-encroachment into the government lancis in sy. No. 566 pending disposal of the above writ petition. Gounsel for the Petitioners: SRI P.RAMULU Counsel for the Flespondents: SRI H.SOMAIAH EZRA SASTRI' AGP FOR ASSIGNMENT The Court made the following: ORDER r -iaaF - I I I I I I I i a-) HON'BLE SRI JUSTICE C.V.BHASKAR REDDY V/RIT PETITIO N No.8O71 of2o.25 ORDER: It is stated that petitioner No.l had purchased the land admeasuring Ac.O.24 guntas in Sy.No.56g/A/2, situated at Palakurthi Village and Mandal, Janagaon District through registered sale deed bearing document No.4662 of 2O19, dated 27.71.2019. It is further stated that out of the said extent, petitioner. No. t had gifted an cxtent of 294 square yards in favour of petitioner No.2, u,ho is none other than his rvife, wherein a house bearing No.1O-l20/3/Dg was constructed and the petitioners have been residing therein. It is stated that disputing the nature of the lands, the respondent_authorities are interfering with the peaceful possession of the petitioners stating that the part of the land where the house is constructed is a Government land and are initiating the summary proceedings under the Telangana Land Encroachment Act, 19O5 (for short 'the Act, 1905'). The grievance of the petitioners is that the respondent-authorities are not having any power or authority to evict them as they have acquired the said property through registered sale deed and Gift Deed. T l 2 CVBR, J W|t07l 2025 Conr;icle recl the submissions of the learned counsel for the 2. respective pa-r-ies and with their consent this rvriL pciition is disposed c f at :he admission stage'

3. Le ,at nerl counsel for the petitioners has vch emently the petitioners have made construcLi:ln after contended th€'t conductin 3 strrvey and fixation of the boundaries b1' the Mandal Surveyor n the year 2021. Learned counsel further sr bmitted that the r:spcndents, without conducting any fresh e nquiry or survey, a'e claiming that the subject propert)', u'hir:h is in possessio r o'- the petitioners, is a Government land anrl issued Learned counscl furthcr submirted that are In the petilioners and possessio-r o'the subject property since more than loltr decades and the a leged encroachment also is not a recent origin and the authoritv Lo irrvoke the their predecessor-in-ir-rteresl rcspondetrts a re not having any power or the impuilne,l notice. provision i of t.hc Act, 1905.

4. Per co:rtra, Sri H.Somaiah Ezra Sastri, learrred ''\ssistant Governrn:nt Pleader for Assignment, has submirterl that the impugnerI n,ttice is only a show-cause notice issued lrnder the provision s o: the Act, 19O5 and the petitioners arc ha'- ing right to makr: itn appropriate application/ represe ntatir.ln duly 3 CVBR, J Wp 8071 2025 enclosing all the documents to satisfy the authorities that the land which is in possession of the petitioners ls not: an encroachment area.

5. At this stage, learned counsel for the petitioners has submitted that soon after receiving the impugned notice, the petitioners have submitted an explanation, dated 2S.Ol.2O2S duly enclosing ali the documents including the sulvey proceedings conducted in the year 2O2l and, the registered saie deed for the land admeasuring Ac.O.24 guntas.

6. Be that as it may, since this writ petition is filed questioning the show-cause notice, this Court is of the opinion that the ends of justice would be met if the respondents are directed to examine and consider the explanation, dated

25.O1.2025 submitted by the petirioners to the impugned show_ cause notice, dated 18.O 1.2O25, duly taking into consideration of the documents encloscd to the said explanation and pass appropriate reasoned order and communicate the decision thereon to the petitioners. Further, it is made clear that if the petitioners are aggrieved by the orders passed by the Tahsildar under Section 6 of the Act, 1905, they have a right to file an appeal under Section 10 of the Act, 19O5. Till the appeal time i I 4 CVBR, J \\ir 't071 2025 expires, 1-h: rrr:lpondent authorities are directed not tL) ttrke any coercive rt( tioll on the existing structures, ln any manne 1

7. Witl th: above observations, this Writ Petition is ciisposed of. Therc shrLll be no order as to costs'

8. Mist eLlneous petitions, if any, pending in tlris writ petition st all s tand closed. //TRUE coPY// SD/.T. TIRUMALA DEVI ,\\:PUTY REGISTRAR t\.'iecrror.r oFFtcER ,/ The Princ;ip al Secretary (Revenue), Secretariat, Hyderabad' State of Telangana The Distric Colrector, Jangoan District, Jangoan'. iii" Tiri.il tai, t%lakurthy-Mandal, Jangoan District- ii.iE M;ffi?il sl,;";Fi ijio. ine rirrsito]ar, Palakurthv Mandal Jansoan District. if,t'iji.tri.,Survey Officer, Survey and Land Records, o/o Tl-e District Collector, . angoan District, Jangoan' 6;;"c'a i,j sni p.navulu, Adiocate toPu-cl - irlo 6C.'j r-Cp fOC ASSf e f,f fr,tENT, High Court for the State of Telangana, at Hyderatad. [OUT] Two CD C tpie:; To 1 2 J 4 5 b 7 o PSK. BS HIGH COUFIT DATED:181Ct312025 ORDER WP.No.807'l of 2025 '--::Lr' 4 r,lq ( e o o j. 2 I fiqi Z0Z5 r- \ c.. ' ,i - ''r r(!:' ""-7 DISPOSINCi OF THE WRIT PETITION WITHOUT COSTS \\ j-1 /)