Natham Malleshwari v. 1. The State of Telangana

Petition under Article 226 of the Constitution of India 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 action of 4th respondent interference / dispossession of the petitioner house bearing H. No. '1-155/1 , Block No. 1 to an extent of 363 Sqare Yards, situated in Chinthalapalli Village, Chennur Mandal, Mancherial District is being arbitrary, illegal and violative of Articles 14 and 21 of the Constitution of lndia and as well as the provisions of the Telangana Panchayat Raj Act and consequently direct the 4th respondent not to interfere into the peaceful possession of the petitioner house bearing H.No. 1-155/1 , Block No. 1 to an extent of 363 Sqare Yards, situated in Chinthalapalli Village, Chennur Mandal, Mancherial District and the 2nd and 3'd respondent influence to the 4th respondent every time is interfering and disturbing my possession and harassing they are trying demolish the petitioner from the above said house. t a I I a lA NO: 1 OF 2025 Petition under llection '1 5'1 CPC praying that in the circunrstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th respondent not to interfere into the peaceful possession of the petitioner house bearing H. No. 1-155/1 , Block No. 1 to an extent of 363 Square Yards, situated in Chinthalapalli Village. Chennur tt/landal, [Vlancherial District and the 2nd and 3rd respondent influence to the 4th respondent every tinre,is interfering and disturbing my possession and harassing they are trying demolish the petitioner from the above said h,ruse, forthwith pending disposal of the main writ petition. lA NO: 2 OF 2025 Between: The Chintalapallr Gram Panchayat, Rep by its Panchayat Secretary, Chennur mandal, Mancherial District ...PETITIONER/RESPONDENT No.4 AND

1. Natham Malleshwari, Wo. Natham Ramesh, Aged about 38 Years, Occ: Housewife R/o. H No 1-7, Chintalapalli Village Chennur [\4andal. Mancherial District ...RESPONDENT No.1/PETITIONER

2. The State of Telangana, Represented by its Principal Secretary, Panchayat Ra1 and Rural Development Department, Secretariat Buildings, Hyderabad.

3. The District Panchayat Raj Officer, Mancherial, Mancherial District. 4. Tahsildar, Chennur [Vlandal, Mancherial District. ...RESPONDENT Nos.2 to 4/ RESPONDENT No.1 to 3 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 VACATE the Order Dated 26.03.2025 and DlSIvllSS the \A/rit Petition with W P.No.8336 of 2025. Counsel for the Petiti,iner: SRI RAMAKOTAIAH KANDALA Counsel for the Respondent No.1 & 2: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.3: Gp FOR REVENUE Counsel for the Respondent No.4: SRI K. PRADEEP REDDY, SC FOR GRAM PANCHAYATH t a a ( WRIT PETITION NO: 8355 OF 2025: Between: Tallapalli Shankar Goud, S/o. Raja Goud Aged about 48 Years, Occ: Business, R/o. H No 1-'16, Chintalapalli Village Chennur Mandal,Mancherial District ...PETITIONER AND

1. The State of Telangana, Represented by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Hyderabad.

2. The Diskict Panchayat Raj Officer, Mancherial, Mancherial District. 3. The Thahasildar, Chennur mandal. Mancherial District. 4, The Chintalapalli Gram Panchayat, Rep by its Panchayat Secretary Mancherial, Mancherial District ...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 action of 4th respondent interference / dispossession of the petitioner house bearing H. No. 'l-155/1 , extent of 363 Square Yards, situated in Chinthalapalli Village, Chennur Mandal, Mancherial District is being arbitrary, illegal and violative of Articles 14 and 21 of the Constitution of lndia and as well as the provisions of the Telangana Panchayat Raj Act and consequently direct the 4th respondent not to interefere into the peaceful possession of the petitioner house bearing H. No. 1-'155i 1 , extent of 363 Sqare Yards, situated in Chinthalapalli Village, Chennur Mandal, Mancherial District and the 2nd and 3rd respondent influence to the 4th respondent every time is interfering and disturbing my possession and harassing they are trying demolish the petitioner from the above said house. lA NO: 1 OF 2025 Petition under Section 15'1 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 4th respondent not to interfere into the peaceful possession of the petitioner house bearing H. No. 1-15511, extent of 363 Sqare Yards, situated in Chinthalapalli Village. Chenn. ur Mandal, Mancherial District and the 2nd and 3rd respondent influence to the 4th respondent every time is interfering and disturbing my possession and harassing they are trying demolish the petitioner from the above said house, forthwith pending disposal of the main writ petition. a a I I lA NO: 2 OF 2025 Between: The Chintalapalli Gram Panchayat, Rep by its Panchayat Secretary lvlancherial. [/ancherial District ...PETITIONER/RESPONDENT No.4 AND 1 Tallapalli Shankar Business, R/o. H N District. Goud, S/o. Raja Goud Aged about 48 Years, Occ o 1 -16, Chintalapalli Vtllage Chennur l\rlandal.Mancherial ...RESPONDENT \o.1/PETITIONER 2 The State of Telangana, Represented by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Hyderabad

3. The District Panchayat Raj Officer, Mancherial, Mancherial District. 4. The Thahasildar, Chennur mandal, Mancherial District, ...RESPONDENT Nos.2 TO 4/ RESPONDENT No.1 TO 3 Petition under Section '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to VACATE the Order Dated 26.03.2025 and DISMISS the Writ Petition with W.P No.8355 of 2025. Counsel for the Petitioner: SRI RAMAKOTAIAH KANDALA Counsel for the Respondent No.1 & 2: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.3: GP FOR REVENUE Counsel for the Respondent No.4: SRI K. PRADEEP REDDY The Court made the following: ORDER t a I a ]'HE IION'BLI' SMT. JUSI'ICI''T. NIAI)H]\VI DEVI WRII' Pltl'll ION Nos.tl-1-36 ANI) t1355 of 2025 COMMON ORDEIT: Since a corllnorl issue is involvecl in both thc Writ I'}etitions, they were heard together and are being disposed ol by tliis comnron and consol idated order.

2. These Writ Petitions are tllecl challenrrins the action ol respondent No.4 in dispossessing thc pctitionels in lroth the writ petitions lrom tlreir respcctive houses bcaring Nos. l- l-55/ I , Block No.l to an extent of363 square yards and l-155/l to an extent of 363 square yards, situated in Cliinthalapalli Vitlage, Chennur Mandal, Mancherial [)istrict, as illeeal and arbitrlry. -'l 'Ihis Court, ln ordel to protcct the intercsts of the petitioners, had granted an interim order tlilectinr the parties to maintain status quo as on the date ol the order in both writ petrtlons.

4. Responclent No.4 llled countcr allldavits stating that Sy.No. 108 is a Govcrnment land and that thcrc is alreacly an existing structure in thc sLrb.ject lantl. It is tirrtlrel statccl that thc i I TNID.I rr p Ii-'!36 N-j55 1015 2 __ _ ,l pctitioners hcrein have starled digging pits br:si(le the existing str.r.rcture lirl lirrther construction without obtaininq .rny pc'rrnissiorr for thc san'e and this is encroachmcrrt ol- the (irtr crnruertt laucl. '[ hcrctirrc. rcspondent No.4 instructed the petitioncrs to stol] thc construction arrcl stated that they will take action in accordancc rr itlr lau,.

5. l-calnecl counscl for tlie petitioncrs is sceking a direction to thc rcspol-(,1cnts to fbllow duc process ol larv. (t. Irr r icu, o1- the same, this Court deems it lit :rncl propcl to tlisposc ot-tl'cse W'rit Petitions with a dircction to lhc rcspondents to lirllorv clue' process of law if they intend to take acti()n against the [)rol]clty ol' tlrc pctitioners. '7 Witlr the above directions. thcse Writ Pctitions are disposcrl ol. I here shall be no ordcl as to costs. tt. Misccllancous applications, il any, pcnding in these Wlit I)et it ions, slrall stand closed. SD/-K.BHAVANI SWAMY ASSISTANT REGISTRAR 6- SECTION OFFICER //TRUE COPYII to', The Prrncrpal Secretary Panchayat Rai The Stare of TetangJnl Secretariat BLiitdings Hvderabad 2 The Distr ict p, n",^ rirfnfiS{il;;, tr'tanf$"l N/lancheria I D istrict 5. ir[tiroii-chenn'rr ivlandil , Mancherial District ,a,fd Rural Development Department I I manda l, Mancherial District 4 The Panchayat Secretary, The Chintalapalli Gram Panchayat, Chennur 5. One CC to SRI RAMAKOTAIAH KANDALA, Advocate [OPUC] 6. Two CCs to GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT, High Court for the State of Telangana. [OUT]

7. Two CD Copies BN BS u / t t ? HIGH COURT DATED:131101,2025 \ \ cf- 1HE Sf4 16 k It t ? 0 [tT 295 s It. ' .:_,:r_.t ,f COMMON ORDER WP.No.8336 & E355 ot 2025 DISPOSING OF BOTH THE WRIT PETITIONS WITHOUT COSTS \ i a c I