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 order or direction or writ one more particularly in the nature of ihe writ of mandamus declaring the action of the Respondents more particularly Respondent No.4 in trying to dispossess us from the land to an extent of 2800 sq.ias in sy.No. 34-8lt at Jagathagiri cutta viflage, Qutubultapur Mandat, Medchal Malkajgiri District inspite of the pendency of the statutory appeal under the Land Encroachment Act, 1905 before the 3rd Respondent as illegal, arbitrary and violative of Article 14,21 and 300A of the constitution of lndia and contrary to the provisions of the Act, 1905 and consequently direct the Respondent No.4 not to evict us from the land to an extent of 2800 Sq.Yds in sy.No. 348/1 at Jagathagiri Gutta Village, Qutubullapur Mandal Medchal - Malkajgiri District duiing the pendency of the appeal before the 3rd Respondent lA 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 direct the 4th Responderrt not to dispossess us from the land to an extent of 2800 Sq.Yds in Sy. No. 34811 at Jagathagiri Gutta Village, Qutubullapur l/landal, Medchal - Malkajgiri District Counsel for the Petitioner: SRl. RAVI CHANDRA BEJJARAM Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.9O83 of 2Q25 ORDER: This Writ Petition is fi1ed praying this Court to declare the action of respondent No.4 in trying to dispossess the petitioner from the land to an extent of 2800 square yards, situated in Sy.No.348/ 1 of Jagathgiri Gutta Viilage, Qutubullapur Mandal, Medchal-Malkajgiri District, during pendency of the statutory appeal filed under the provisions of the Telangana Land Encroachment Act, 1905 (for short "the LE Act") before respondent No.3 as illegal, arbitrary and violative of the Articles 14, 21 and 3O0-A of the Constitution of India and consequently, prayed for other appropriate reliefs.

2. It is stated that the respondents have initiated action under the provisions of the LE Act by issuing a notice, dated 14.02.2025 as required under Section 7 of the Act has been issued and the petitioner has submitted an explanation, dated 25.02.2025. It is further stated that, without considering the said explanation, orders under Section 6 of the LE Act have been passed uide Proceedings No.Bll82l20 15, dated 05.03.2025 directing the Girdawar, Qutubullapur, to evict the encroachments from the scheduled property and submit compliance report by taking possession of the subject land under cover of panchanama at the 2 CVBR, J wp, 9083 2025 earliest. It is lurther stated that aggrieved by t.he said order, the petitioner filed an appeal, dated 12.03.2025 before respondent No.3.,, The grievance of the petitioner is that during pendency of the appeal, the respondent authorities are tryi!g to evict her from the subject property. Hence, the writ petition.

3. .Considered the submissions of the learned counsel for the petitioner and Sri L. Ravinder, learned Assistant Gr:rvernment Pleader for Revenue appearing for respondent Nos.1 to 4 and with their consert. this writ petition is being disposed of at the admission stage.

4. Learne,l counsel for the petitioner had submit.ted that, pending consideration of the appeal, dated 12.O3.2O25 fi)ed by the petitioner belore respondent No.3, the respondent authorities are frequentl]. inl erfering with the possession of the pe.r itione r over the subjdct properrlv and trying to demolish the compound u,all. It is further subrr.il-ted by the learned counsel that iJ the rer;pondents evict'the petiLioner from the subject land, the purpose ol filing the appeal rn'ould be defeated and the petitioner rvou ld suffer irreparable loss and injury-

5. Learne<l Assistant Government Pleader for Revenue has not disputed the fi1ing of the appeal by the petitioner and perrdency of the same befcre respondent No.3. 3 CVBR, J Wp_9083 2025

6. In view of the above and since the petitioner has already availed the statutory remedy of filing an appeal under Section 10 of the LE Act before respondent No.3, this Court, without going into the merits of the case, deems it appropriate to dispose of this writ petition directing respondent No.3 to dispose of the appealo,$ated

12.03.2025, filed by the petitioner aggrieved by the order passed by the Tahsildar in Proceedings No.B/ I82 12024, dated 05.03.2O25, as expeditiously as possible, after affording an opportunit5r of hearing to the petitioner, in accordance with law. Pending disposal of the appeal, the respondent authorities are directed not to take any coercive action to dispossess the petitioner from the subject property.

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/- T.TIRUMA DEVI DEPUTY R G TRAR SECTION FICER \ To,

1. The Principal Secretary, Revenue Department, Dr. B. R.Ambedkar Secretariat, HYderabad.

2. The District Collector, Medchal lvlalkajgiri District' 3. Revenue Divisional Officer, Medchal Malkajgiri District. 4. Tahsildar, Qutubullapur Mandal, Medchal [Valkajgiri District 5. One CC to SRl. RAVI CHANDRA BEJJARAM Advocate [OPUC] 6. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana' tOUI *9

7. Two CD Copies t t CC TODAY HIGH COURT DATED:2510312025 ( t o 1$ E. STArS o ?^ o ,..! 0 r rPR 2!i6 t D $ CAT t ORDER WP.No.9083 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS tr\rc