✦ High Court of India · 21 Mar 2025

High Court · 2025

Case Details High Court of India · 21 Mar 2025
Court
High Court of India
Decided
21 Mar 2025
Bench
Not available
Length
2,051 words

5. Karnati Jyothi, Wo. Karnati Srinivasulu, Age 46 years, Occ: House wife, R/o H.no.4-48 1121N33, Sy No 90, SMJ Colony Wellare SocietY. Munuganoor, Ranga Reddy District,Telanagana.

6. Sunkari Dhanalakshmi Wo' Chandra Shckar Age: 36 veats, Occ: House wife, R/o H.rLo.4-48 l12lAl35, SY No 90, SMJ t'olonY Welfare SocietY. Munttganoor, Ranga Reddy District, 'felanagara.

7. Vecramal[a Swathi, Wo. Veeramalla Krishnaiah Age 31 1'ears Occ: Housewife, R/o H no'4-48 l12lN2:\' Sy No 90' SMJ C,rlony Wellare SocietY, Munttganoor. Ranga Reddy District, Telatta:rrtte. ',- i

8. Bikurnandla Manjula, Wo. Bikumandla Srinivasulu Age:441cars, Occ: House wife, H No' R/o 1-48ll2l \l18' Sy No 90, SMJ ColonY Welfare SocietY, Munuglanoor, Ranga Reddy District, Telanagat'ra.

9. BatchtL Anraravathi, Wio. Batchu Srinivas Age 4tl Years, Occ: House wife, H- No' R/o 4-481121N52' Sy No 90,SMJ ColonY Welfare SocietY, Munuganoor, Ranga ReddY District, Telanagana.

10.Nagil:L Vijaya, W/o. Nagila Yadaiah Age 4') ycars, Occ: House wife, R/o H no.4-48 1121N52, SY No 90, SMJ ('olony Weliare SocietY, Munu.gzrnoor, Ranga Reddy District, Telanagana. 1 l.Jakku Kavitha, Wo. Jakku Venkat Reddy, Age 44 1'ears, Occ: House wife, R/o If'no 4-48/l2lAJlg, Sy No 90, SM.l ( olony Welfare SocictY, Munuganoor, Ranga Reddy District, Telanagana' T

12. Belli Poolamma, Wo. Belli Mallesh Age 53.years, Occ: House wife, R/o H.no.4-48ll2lA156, Sy No 90, SMj Colony Welfare Society, Munuganoor, Ranga Reddy District, Telanagana. l3.Daruvula Sneha, C/o. Daruvula Mahesh Age22 Years, Occ: Housewife, R/o H.no.4-48 l12lA/38, Sy No 90, SMJ Colony Wel[are Society. Munuganoor, Ranga Reddy District, Telanagana. l4.Gandham Madhavi, Wo. Gandham Busa Goud Age 57 years, Occ: House wife, R/o H.no.4-481121N55, Sy No 90, SMJ Colony Welfare Society, Munuganoor, Ranga Reddy District, Telanagana. tL

15.Mantfui Pragada Prameela, Wo. Manthri Pragada Shankarao, Age 80 years, Occ: Housewife, R/o H.no.4-48l12lA, Sy No 90, SMJ Colony Welfare SocietY, Munuganoor, Ranga Reddy District, Telanagana. l6.Solipuram Rekha, Wo, Rajinikath Reddy Solipuram, Age 40 years, Occ: House wife, R/o H.no.4-481121N17 ' SMJ Colony Welfare SocietY, Munuganoor, Ranga ReddY District, Telanagana. Sy No 90, l

17.Adulla Nirmala, Wo. A Venkata Krishna Reddy Age 54 years, Occ: House wife, R-/o H'no. 4-481121N48,, Sy No 90, SMJ Colony Welfare SocietY, Munuganoor, Ranga ReddY District, Telanagana. r' 6 l8.A.irhagoni Vijaya Lakslu.ri, Wo. Aithagani Srinivas A.ge 3B years, Occ: House wife, R/o il.no.4-48 I 2lAl16, Sy No 90, SN l t Colony Wellare Society, NILrnuganoor, Ranga Reddy District, Tclanagana. , 19 Tokala Eswaramma C/o Tokala Yadaiah A.ge: 5 5years, Occ:Housewife Rrrr I[.no.4-48 ll2lN39. Sy No 90, SMJ Colony Wellare Sociefy. NILrnuganoor, Ranga Reddy District, Tclanagana.

20.Kcesari Sandhya Wo Keeesari Mallesha A ge :46years, Occ: Housewife Rlo |7.no.4-48ll2lN , Sy No 90, SI\1J Colony Wellare Society. ' IVIunuganoor, Ranga Reddy District, TeJanagana. 2 1. P alagoni Swapna D/o Palagoni narasimha Age:27 years, Occ: Housewife R/o H.no.4-481121N67, SyNo 90, SVJ Colony Wellare Sociery. lVlunuganoor, Ranga Reddy District, Telanagana.

22.S,:ha Sulthana C/o Md Rafi, Age:43 years, Occ:Housewife R/o H.no.4-48/12/N41, Sy No 90, S:\1J Colony Welfare Sociery. lllunuganoor, Ranga Reddy District, T,:lanagana.

23.Shoba Rani Kasoju c/o shankar Chary Kasoju Age : 46 years, Occ:Housewife R/o IJ.no.4-48 112/N26, Sy No 90, SMJ Colony Wellare Sociery. Munuganoor, Ranga Reddy District, f,-'lt raga r ra.

24.Sillivaru Swapna W/o Sillivar-u Raju Age :3 4years, Occ :Housewife R/o FLno.4-481121N59, Sy No 90, SMJ Colony Wellare Sociely, Munuganoor, Ranga Reddy District, Telanagana.

25.Racha Padma Wo Racha Shekar Age:55 years, Occ: Housewife R/o H.no.4-481121N20,ly No 90, SMJ Colony Welfare Society, Munuganoor, Ranga Reddy District, Telanagana.

26.M.Sudarshnamma WoM.Madhava Reddy Age :65years, Occ:Housewife R/o H.no.4-481121N43, Sy No 90, SMJ Colony Wellare Society, Munuganooi, Ranga Reddy District, Telanagana. 27-Regu Neelima w/o Regu Anjaneyulu Age :3 Oyears, Occ :Housewife R/o H.no. 4-481121A/29, Sy No 90, SMJ Colony Wellare Sociery. Munuganoor, Ranga Reddy District, Telanagana.

23.Gundoju Vijaya Lakshmi w/o Gundoju Ramanadam Age : 5 5years, Occ :Housewife Wo H.no.4-48ll2lN3l, SyNo 90, SMJ Colony Wellare Society, Munuganoor, Ranga Reddy District, Telanagana.

29.Gotte Sushma C/o Teegala Suresh Age:30 years, Occ:Housewife R/o H.no.4-48 1121N27, Sy No 90, SMJ Colony Wellare Society, Munuganoor, Ranga Reddy District, Telanagana. 8

30.Par"ani Vuyyala D/o Pulljala Pandu Goud Agc:3 6 ycars, Occ:Housewife R/o Il.no.4-481121A/30, Sy No 90, S \.4 J ( olony Wellare Society. Ivlunuganoor, Ranga Reddy District, -l .'llrrrgana. 3 l.Surepally Priyanka Wo Surepally Madhusudhan A gc :3 3years, Occ:Housewife R/o H.no. 4-48ll2lA, Sy No 90, SVJ ( olony Wellare Society, Munuganoor, Ranga Reddy District, Telirnagana.

32. Sujrrtha Verdelly Wo Dasharadha Agc: ,<2 years, Occ:Housewife R/o Il.no.4-48/121N14, Sy No 90, SMJ ( olony Welfare Society, Munuganoor, I{anga Reddy District, Telanagana.

33.Rajini Sualla Wo sunial Sualla Age: :2 3years, Occ :Housewife R/o H.no.4-48 ll2lA/25, Sy No 90, SM.l Colony Wel lare Society. M ur-r-rganoor, Ranga Reddy District, Telanagana.

34.M.Sureklia Wo Satyanarayana Age: 46 ycars, Occ:Housewife R/o. H.no. 4-48ll2lA Sy No 90, SM.l Colony Wellare Society, Munuganoor, Ranga Reddy District, Tela.nagana.

35.Ushra N{ogili Wo Narsimha Rao Age:45years, Occ :Housewife tuo H.r.ro. 4-48112lAl2l, Sy No 90, 1 I i1 I 7 SMJ Colony Welfare Sociefy, Munugaooor, Ranga Reddy District, Telanagana-

36. Premalatha Mekala w/o Ganesh Age :46years, Occ :Housewife Ry'o. H.no. 4-48/l2lA, Sy No 90, SMJ Colony Wellare Sociery, Munuganoor, Ranga Reddy District, Telanagana. 3T.Mogudala Anitha Wo Rampally Thirumalesh Age:3 3years, Occ :Housewife R/o. H.no. 4-48112/A, Sy No 90, SMJ Colony Wellare Society, Munuganoor, Ranga Reddy District, Telanagana. And . . . . . .Petitioners

1. The State of Telangana Rep.by its Principal Secretary Revenue Department, T.S. Secretariat Buildings, Hyderabad.

2. The District Collector, Ranga Reddy district at Ranga Reddy, Telanagana.

3. The Revenue Divisional Officer, Ranga Reddy District, Telanagana.

4. The Tahsildar, Abdullapurmet Manadal, Ranga Reddy District, Telangana. ..Respondents ? Petition under Article 226 of the Constitution of lndia praying that in the circumstances stat=d in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the natuie of WRIT OF IVANDAMUS declaring the action of the respondents '1 to 4 in dispossessing the petitioners from their houses allotted by the previous government situated at Survey No. 90, Mumuganoor, Ranga Reddy District without following due process of Iaw is illegal, arbitrary, violation of Article 300A of the Constitution ol' India and violation of Principles of Natural Justice and consequently suspend the proceedings No.81247412024 dated 12,03-2025 issued by the 4 Respondent IA 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 suspend the proceerding No. 81247412024 dated 12-03-2025 issued by the 4th Respondent pending drsposal of the Writ petition. Counsel for the Petitioners: SRI MUNUGA SATEESH Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASI(AR REDDY WRIT PETITION No.8694 of 2o25 ORDER: The Writ Petition is Iiled seeking the following relief: "...pleased to issue an appropriate Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of t-lle respondent Nos.1 to 4 in dispossessing the petitioners from their houses allotted by the previous government situated at Survey No.90, Mumugaloor, Raaga Reddy District, without following due process of law is illegal, arbitrary, violation of Article 3OO-A of the Constitution of India and violation of Principles of Natural Justice and consequently suspend the proceedings No.81247412024, dated 12.03.2025 issued by respondent No.4 and pass..."

2. Considered the submissions of the learned counsel for the respective pa-rties and with their consent, this writ petition is being disposed of at the admission stage.

3. It is stated that the petitioners are the members of Sri Mallikarjuna Journalist Colony Welfare Society' They have made an application for allotment of the land for the benefit and welfare of the members of the Society. It is also stated that all the members of the Society are working as journalists/reporters arrd their t, I 1l I ! i I I I 2 contribution to the Society is to protect the democratical rights of the citizens. Keeping in view the said obj,ect, the State has allotted an extent of 6O Sq.yards each, in Sy.No.9O situated at Mumuganoor, Ranga Reddy District and with their hard earrLings, they hav,3 r:onstructed houses and have been residing therein. The grievance of the petitioners is that, without taking into consideration of the said facts and without following due process of law, the responclents have issued impugned notice on 12.03.2025 uid,e No.B/247412024, under Section 7 of the l,and Encroachment Act, 1905 (for short, ,.the Act, 19105,,) and unde:r the guise of the said notice, the respondents are taking; steps for eviction of the petitioners from the subject 1a_nd. 4 . Learned Assistant Government pleader for Revenue appearing for tl,re respondents has submrtted on physiczLl inspection, it was found that the members of the Society have not constructed houses over the subject property arrd when they made efforts to encroach upon the subject property to establish 3 possession, notices were issued on 12.03.2025 uide No.B/247412024, under Section 7 of the Act, 1905.

5. It is also stated by learned Assistant Governrnent Pleader that, against the show cause notice, writ petition is not maintainable and the aggrieved parties are entitled to file appropriate explanation and a-fter passing orders, they have right to agitate their grievance before appropriate forum in accordance with law. Learned Assistant Government Pleader for Revenue has relied upon the Judgment in the case of State of Andhra Pradesh and others u. Dr.Rao, V.B.J. Chellkani and othersl, wherein the Hon'ble Supreme Court has directed the State Government to cancel the lands allotted to the Societies.

6. It is settled law that the writ petitions filed against the show-cause notices are not maintainable, more particularly when the statutory authority exercise their powers under the provisions of the Statute. 7 . Be that as it may, the grievance of the petitioners is that the respondents, without affording a reasonable ' 2024 SCC Online sc 3432 t, / I 4 opportunitv. have attempted to dispossess the petitioners from the land in their occupation. Since, it is stated that notices have been issued under the provisionsi ol the Act, 1905, it is mandatory on the part respondents to consider objections/ explanation along with the documents enclosed in support of their case and after considering the same, the respondents have to pass a reasc,ned order and communicate the reasons to the aggrieved parties. B. In vjer.r, of the above and since it is stated by learned counsel for the petitioners that the petitioners have alreadl' submitted explanation to the impugned show-cause notice, respondent No.4 is directed to consider the same along with the documents and pass a reasoned order and communicate the reasons thereon tr: the petitioners. Till such time, the respondents are directed not to take any coerr:ive action or change the nature of the property. 9. With the above directionr t$ e writ petition is disposed ol'. No Costs. 5 Consequently, miscellaneous applications, if any, pending shall stand dismissed SD/-P. PADMA AS ST NABHA REDDY NT REGISTRAR //TRUE COPY// CTION OFFICER The Principal Secretary Revenue Department' T S Secretariat Buildings' Hvderabail, State of Telanoana district at Ranga Reddv reranasana Til: RiU:L:;J,i$*5tU'iieddv :ix?itrysirurui*l,ca+:muli{*:iiru**'::1';#; Yffi ;d.i;Gi'Fon-nevruuE, Hish court ror the s Hvderabad [OUT] . Two CD CoPies 1 I : To 1 2 J 4 q 7 i,SK. BS HIGH COURT DATED:21 10312025 ORDER WP.No.8694 ot 2025 CC TODAY I h I t q o o !'3 E s r.{ 14. 2 6 l{AR ?ffi l) ,: ,// DISPOSING OF THE WRIT PETITION WITHOUT COSTS / /rsef,'

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