High Court · 2025

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 a writ of Mandamus Declaring the action of the respondenls particulady Respondent No.3 in not deciding the appeal filed by the petitioner vide Appeal No. 8.124812025, against the order dated 09.01 2025 in proceedings vide No. 8/3951/2024, passed by the respondent no.4, in respect of the petitioner lands, i.e., land measuring (a) Acres 0i-00 Guntas in Sy.No. g6 of Chilkamani Village, (b) Acres 05-01 Guntas in Sy.No 28 of Burgula Village, (c) Acres 04-1Q Guntas in Sy.No 12312, and (e) Acres 07-00Guntas in Sy.No. 2 of Ganilavelly Village, Farooqnagar Mandal, Ranga Reddy District, including not passing any orders in the interlocutory application filed by the petitioner for suspension of the said order is as illegal, arbitrary, unconstitutiona I besides violates the Article 2.1 and 300-4 the constitution of lndian and principals and Natural Justice and consequently suspend the operation of the order the order, dated 0g.01.2025 vide Proceeding No. B/3591/2024 passed by Respondent No.4 till the disposal of the main appeal filed by the petitioner vide Appeal No.Bl248l2O25, on the file of respo ndent no. 3 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in sLrpport of the petition, the High Court may be pleased to suspend the operation of the order the order, dated 09.01.2025 vide Proceedilg No 8/359'1/2024 passed by Respondent No.4 till the disposal of the main appgal filed by the petitioner vide Appeal No.Bl24Bl2O25, on the file of respondent ng.3 and thereby direct the respondents not to interfere with the peaceful possessiQn and enjoyment over land i.e., land measuring (a) Acres 01-00 Guntas in Sy.Nq, 96 of Chilkamarri Village, (b) Acres 05-01 Guntas in Sy.No. 28 of Burgula Village, (c) Acres 04-16 Guntas in Sy.No. 12312, and (e) Acres 07-00 Guntas in Sy.No.2 of Gantlavelly Village, Farooqnagar Mandal, Ranga Reddy District Counsel for the Petitioner: SRl. KATIKA RAVINDER REDDY Counsel for the Respondents: SRI L. RAVINDER , AGP FOR REVENUE The Court made the following: ORDER r.1 !: : HON,BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.877l of2o25 ORDER: This Writ Petition is filed seeking the following relief:- "to issue an appropiate turit order or direction more particutarly one in the ndture of a utit of Mandamus declaing the action of the respondents particwlarly Respondent No.3 in not deciding the appeal fled bg the- petitloner uide Appeal No.B/248/2025 against the order, dated O9.01.2025 in proceedings No.B/3951/2O24 passed bg respondent No.4 in respect of the petitioner's lands i.e. Ac.1.OO guntas in Sg.No-96 of Chtlkamari Village, Acs.S.O1 guntas tn Sy.No.2S of Burgula Village; Ac.O4.16 guntas in Sg.No.123/2 and Acs.O7.OO guntas in Sg-No-2 of Gantlauetly VilLage, Farooqnagar Mandal' Ranga Reddg District including not passing any orders in the interloclltory application illed by the petitioner Jbr suspension of the said order, as illegal, arbitrary' unconstitutional besides uiolatiue ol Articles 21 and 3OOA' of the Constitution of Indian and pincipals and natural justice and consequentlg suspend tLrc operotion of the order, dated 09.01.2025 uide Proceeding lfo- B/3591/2O2a passed bg Respondent No.4 titt the disposat of the moin appeat filed by the petitioner. . . "

2. Considered the submissions made by the learned counsel for the respective parties and with their consent, this writ petition is being disposed of at the admission stage 2 CVBR, J Wp_ 8771 2025 &rr It is stated that thc petitioner is the owner and possessor 3. of the agricllltural lands to an cxtent of Ac' l '()0 guntas in S1'.No.96 of Clhilkamarri Village, Acs 5'01 guntas in Sy'No 28 of Burgula Village; Ac.04 16 guntas in Sy'No 123/2 and Acs 07 00 guntas rn Sy.No.2 of Gantlavelly Viliage, Farooqn agar Mandal' Ranga Redcly District, having purchased the same through diffcrent registered salc deeds lt is further stated that originallv tltt: sutrject lands were assigned tc) one Fakeer Ivlohammcd. $'ho is an Ex-Servicemen as pr:r the policy proceedings enunciated by No.A9l5O89/ 1970. It is further stated that tbc namc of the petitioncr's venclor was recorded in the revenue records and pattadar p:rssbook and title deeds have been issued lt is Iurtlrer StatCd that the vendor of the petitioner \tIi]S permitted to alienatc the subject land in terms of G O'Ms No' 1117' dated the Government uide 1l.11.l993arldafterverification,thepetitionerhadptrrchased the suirject propertl' through registered sale deeds and the namc ol'the petitioner is also recorded as pattadirr and pattadar passbook has been issued under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act' 1971' It is lurther statecl that after purchasing the propcrty' the pctitioner had obtained permission fsl q6rlversion of the ,.' i I I i i I I I I I t I I I i : i I ;l ';.i) L 3 CVBR, J Wp-8711 2025 property from agricultural to non-agricultural use uide permit No.Q/ 4753/2O13, dated 18.05.2o13; No.e 17267 / 2013, dated

06.08.2013 and No.Q/11297 l2016, dated 10.1O.2016. rt is further stated that after following the procedure, the Director, Town and Country Planning, Hyderabad, had approved the layout issued by the Gram Panchayat and as on date, the nature of the lands are non-agricultural lands. It is further stated that alleging that the vendor of the petitioner being the Ex-Serviceman is not entitled to alienate the property and proceedings under the provisions of the Telangana Land Encroachment Act, 1905 (for short "the Act") have been initiated by respondent No.4 uide proceedings No.B/3951 /2024, dated 09 .O1.2O25. It is further stated that aggrieved by the said proceedings, the petitioner filed a statutory appeal under Section 10 of the Act uide Appeal No.B I 248 / 2025, dated

12.O2.2025 before respondent No.3.

4. Sri Katika Ravinder Reddy, learned counsel appearing for the petitioner, has submitted that along with the appeal, the petitioner also filed an application seeking for suspension of the order, dated O9.O|2O25 passed by respondent No.4. The grievance of the petitioner is that, pending disposal of the I.A. as 4 * t CVBR. J Wp 8771 2025 wcll as the appeal, the respondent authorities are making efforts to evicL t l-re pc.titioncr from the subject lands. 5 Sri L. Ravinder, learned Assistant Govt:rnment pleader for Rcvenuc has not disputed the fact of the order passed by respondcnL No.4 under the provisions of the Act and hling of an appeal beforr: respondent No.3

6. Ir.r viet of thc above submissions, this Court, without expressing an-r, opinion on the merits of the case and thc dispi-rtc vrhcrirer the petitioner,s vendor being Ex_Sen,iceman is cnlitled ro alicnate the subject property or not and since it is stated t hat I he appeal filed by the petitionr:r is pending for con sicle r:rtion. deems it appropriate to dispose of this writ petition clire<:ting respondent No.3 to dispose of the appeal No.Bl2a8l2025 filecl by the petitioner on 12.O2.2O25, in accordanr_-e rvit h law, as expeditiously as possible, prel.erabty, u'ithin :r period of two (02) months from the dirte of receipt of a copv of t.l-ris order. pending disposal ol. the appeal, the respondc|t authorities are directed not to take any coercivc action ovcr thc subject lands, in anv manner. i I l I i 5 CVBR, J Wp_8711,2025 7 . With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

8. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/.L. LAKSHMI BABU ASSIS ANT REGISTRAR CTION OFFICER \ To,

1. The Principal Secretary (Revenue), T.S.,Hyderabad. 2. The District Collector, Ranga Reddy District, Telangana. 3. The Revenue Divisional Officer, Ranga Reddy District, Telangana. 4. The Tahsildar, Faroognagar Mandal, Ranga Reddy District Telangana. 5 One CC to SRI KATIKA RAVINDER REDDY, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hyderabad [OUT]

7. Two CD CoPies G.B M S I t CC TODAY HIGH COURT DATED:2410312025 glAl E Op t a , l- + q. f 1$,& 1t $l\\' ,f i.'.')r, \..,,.r- tr r' ::'l -' C i - -a,l-" ORDER WP.No.8771 of 2025 DISPOSING OF THE WRIT PETTTION WITHOUT COSTS