High Court · 2025
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7. Smt.Boddupalli Saidamma, Wo.Saidulu, Aged about 35 years Occ Labour, R/o Plot No 26, tt4ammilagudem, Nalgonda Town and District. ; B. Smt.Julakanti Sharmila, Wo.Narasimha, Aged about 35 years, Occ Labour, R/o.Plot No,316, lVlammilagudem, NalgondaTown and District
9. Smt.Allampalli Somamma, Wo.Durgaiah, Aged about 60 years, Occ Labour, Rio.Plot Nb.4?, Nlammilagudem, Na.l$onda T-bwn 4nd Disttict.' l0.Smt.Pabbilla Sowbhagya, Wo Eedaiah, Aged about 60 years, Occ Labour, R/o.Plot No 51. lVammilagudem, Nalgonda Town and District ll.Smt.Pemmalla Nlailamma, Wo.Yadaiah, Aged about 3-q yea1s, Occ Labour, Rio.Plot No.218, Mammilagudem, Nalgcinda Town and District, 'l2.Smt.Pasala Sandhya, Wo.Santosh, Aged_about 3.1-.y99r9 Occ Labour, R/o Plot No.31B, IVldmmilagudem, Nalgonda Town and District,
13. Smt.Bashapaka Laxmi, Wo.Narasimha, Aged about-38 years Occ Labour' R/o Plqt Nd.92, tvlammilagudem, Nalgonda Town and Disirict.
14. Smt.Kasarla Sunitha, Wo.Yadaiah, Aged about 33 years, Occ Labour, R/o.Plot No.79, Mammilagudem, Nalgonda Town and District. '15. Smt.Bommakanti Parvathamma, Wo.Papaiah, Aged about 43 years, Occ Labour, R/o.Plot No.99, Mammilagudem, Nalgonda Town and District
16. Smt.Cherukupalli Laxmamma, Wo.Saidulu, Aged about 50 years, Occ Labour,'R/o. Ptot No.1 11, Ulammilagudem, Nalgonda Town and District { i I .' 9---
17. Smt.Burri lndira, Wo.Gopalu, Ag No.'l 22, lvlammilagudem, Nalgond ed about 40 years, Occ Labour, R/o.Plot-. a Town and District ...PETITIONERS AND 1 2 J 4 q o 7 The State of Telangana , Rep.by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad. The Joint Collector, Nalgonda, Nalgonda District The Revenue Divisional Officer, Nalgonda, Nalgonda District Sri.Venkatachary, Revenue Divisional Officer, Nalgonda. Tahsildhar, Nalgonda, Nalgonda District, Union of lndia, Rep.by its Under Secretary, Ministry 9f Pogtal $ervicq, New Delhi Postal Superirltendent, Department of Posts qnd Telecommuniaations Nalgonda District ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances statel in the affidavit filed therewith. the Hrgh Court rnay be pleased to issue order gr direction more particularly one in the Writ of Man{amus, io direct the reqpondents No.2 ta 5 not to demolish Petitionets houses ln plot Nos,47, 317,123,28,14?, 27 26,319,43,51,219,318,92,79,99,111 and 122 respeplively in Sy.No.036 [yl2ryrmilagudqm, Nalgonda Town and District by deqlaripg the action of the respondents No 2 to 5 in making attempts to demolish the petitioners houses without following the due process of law as highly illegal. arhitqary apart from violation of Article 14 and 21 of Constitution of lndia l.A. NOr 1 OF 2016 '/VPMP. NO: 471 I OF 2016 Petitiqn unde. Section 151 QPC praying that in the circumslances stated in the affidavit filed in suppo( of the petition, lhe High Court may be pleased lo dlfgcl the respondents No.2 to 5 not to demolish the Petitioners' [oqses in plqt Nos.47,317,123,28,142,27,26,316,43, 51, 218, 318,92,79,99,111 and 12? respectively in Sy.No 636, Mdmmilagudem, Nalgonda Town and Districl without following thq due process of law l.A. NO: 1 OF 17 WVMP. NO: 2345 OF 2 Betwegn:
1. Union qf lndia, Rep.by its Under Secretary, Ministry of Postal $ervice, New Delhi ?. Postal Superintendent, Department of Posts and Telecommunications Nalgonda District ...PETITIONER/RESPONDENT-RESPONDENT NO.6&7 (.) .-t AND 1. Smt.Kurpati Ramana, Wo.Peddulu, Aged about ,3-i y9ers, Occ Labour, R/o.Plot No.47, ft/ammilagudem, Nalgoncia Town and Diskict.
2. Smt.Kasturi Aruna, Wo.Upender, Aged about 33 years, Occ Labour, R/o PIot No.3 l7, Mammilagudem, Nalgonda Town and District. i
3. Smt.Vaskula Madhavi, Wo Prabhakar, Aged about 91 yqaF, Occ Labour, Rlo.Plot No.123, IVlammilagudem' Nalgonda Town and District'
4. Smt.Ferika Shiva Parvathi, Wo.Ravi, Aged about 32 yeat9, Occ Labour, R/o.Plot No.28, IVlammilagudem, Nalgonda Town and Distiict -
5. Smt.Jilla Linoamma, Wo.Mallaiah, Aged about 49 years, Occ Labour, fl/o.Plot No.1Z2, Mlammilagudem, Nalgonda Towq and Dis.trict.
6. Smt.Varamkanti Parijatha, Wo.Papaiah, Aged about-40 yearg, Occ Labour, Rio Plo! No 27, Maminila-gudem, Nalgonda Town qnd Digtrict :
7. Smt.Boddupalli Saidamma, Wo.Saidulu, Aged abQut 35 yea6s, Occ Labour' R/o Plot No.2Q, Ivlammilagudem, Nalgonda Town and District.
8. Smt.Julakanti Sharmila, Wo.Narasimha, Aggd about 3^Q years Occ Labour, Rio.P!o! No 316, IVlammilagudem, Nalgonda Town qnd Eistrict'
9. Smt.Allampalli Somamma. Wo.Durgaiah, Aged about 60 years. Occ Labour' R/o.Plot No.43. Ivlammilagudem, Naigonda Town and District. l0.Smt.Pabbilla Sowbhagya, W/o.Eedaiah' Aged about 60 years, Occ Labour, Blo.Plot No.51, tr/ammiiagudern, Nalgonda Tqwn and District
11. Smt.Pemmalla tViailamma, Wo.Yadaiah, Agqd aboqt 3-! yeqrs, Occ Labour, Rlo.Plgt No.?18, Mqmmilagudem, Nalgonda Town and District
12. smt Pasala sandhva' w/o santosh' Aged about 31 liearq' occ Labour' R/o.Plot No 318, Mdmmilagudem, Nalgonda Town and Dislric!;
13. Srnt. Bashapaka Laxmi, Wo Narasimha, Aged about 38 years, Occ Labour, R/o.Plot Nd.92, tr/ammiLagudeni, Nalgonda Town and Digtrict. " l4.Smt.Kasarla Sunithq, Wo.Yadaiah, Aged abogrt 9! ygqrg, Occ Labour, RloPiqiNo79,Ivlammilaguderri,NalgondaTownandDi9!1ict.]. l5.Smt.Bommakanti Parvathamma, Wo Papaiah, fged apqu! Labour, R/o.Plot No.99, Mammilagudem, Nalgonda Toryn and District -4p years' Oqc 16 Smt.Cherukupalli Laxmamma, Wo.Saidulu, Aged about 50 yeqrs, Occ Labour, R/o.Plot No 11 'l , lt4ammilagudem, Nalgorida Town and District
17.Smt.Burri lndira, Wo.Gopalu, Aged about 40 years, Occ l.abour, R/o Plgt *o.izi, Mammilagudem, Nalgonda Town and Di3trict
18. The State of Telangana , Rep.by its Principal Secrelary, Revenqe Department, Secretariat Buildings, Hyderabad. : 19 The Jgint Collector, Nalgonda, Nalgonda District 20. The Revenue Divisional Officer, Nalgonda, Nalgonda Disttict 2l. Sri.Venkatachary, Revenue Divisional Officer, Nalgonda.
22.Tahsildhar, Nalgonda, Nalgonda Diskict. ...nESPONDENTS I L{ -- Petition under Section 151 CPC praying that in the circunlstances stated in - the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 8/1112016 in WP No. 38295 of 2016 passed by this Hon'ble Court and to dismiss the writ petition Counsel for the Petitioner: SRl. SARAMPALLY MRUDULA Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE Counsel for tlle Respondgnt tfos.6&7: SR! GADI PRAVEEN KUMAR DY. SOLICI.TOR GENERAL OF INQIA The Court maqe the followingl ORDER t II HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETI TION No.38295 of 2O16 ORDER: This writ petition is filed seeking the following prayer: "...to direct the respondents not to demolish the Petitioners houses in Plot Nos.47, 317, 123, 28, 142' 27,26, 316, 43, 51,218, 318, 92,79, 99, 111 and 122 respectiuelg in 5g.No.636, Mamillagudem, Nalgonda Town and distict tttithout following the due process of laut by declaing the action of the 3rd and 6th respondents 4th and 7th respondent in indiuidual copacity in demolishing the Petitioners houses as illegal"
2. The facts of the case in brief are that petitioners are labour by occupation and since they had no shelter, made applications for house sites before respondent No.S. Thereafter, respondent No.S granted house sile pattas to an extent of 80 cents during the year 1997-99 in Sy.No.636, Mamillagudem, Nalgonda town and District. Thereafter, petitioners constructed houses and living in the said residential houses. While so, on
06. 10.2016, respondent authorities approached petitioners and tried to demolish the houses of the petitioners on the ground that subject land was purchased by the Postal Authorities lt is further submitted that in the event of demolition of petitionens' 2 houses, petitioners will be put to irreparable loss and darnage. Challenging the said action of respondent authorities, the present writ petition is filed.
3. Today, when the matter is taken up for hearing, learned counsel for the petitioner submits that this Court in similar circumstances in W.P.No.11171 of 2015 dated
20.06.2024,has disposed of the writ petition with a clirection to respondent Nos.2 to O tht..i" not to dispossess the petitioners ,.,,,\ f\+ l or demolish the structures raised on the subject property, without following the due procedure contemplated under law. Iearned counsel for the petitioner prays this Court to pass similar order. . 4. Learned Assistant Government Pleader for Revenue as well as learned Assistant Government Pleader for Assignment reports no objection in passing similar orders.
5. In such view of the matter, recording submissions of learned counsel on either side, this Writ petition is disposed of with a direction to respondent authorities not to dispossess the petitioners or demolish the structures raised on the subject property, without following the due procedure contemplated under law. It is also made clear that the petitioner shall not i .// I 3 carry any further construction without any permission from the competent authorit ies.
6. Accordingly, the Writ Petition is disposed oL There shal1 be no order as to costs. As sequel to it, Miscellaneous Petitions, if any pending, shall stand dismissed. \ To, //TRUE COPY// SD/-K. AMMAJI EPUTY REGISTRAR SECTION OFFICER
1. The Principal Secretary, Revenue Department, Secretariat Buildinqs' Hyderabad.
2. The Joint Collector, Nalgonda, Nalgonda District 3. The Revenuq Divisional Offic-er, Nalgonda, Nalgonda District 4. Sri.VenKatachary, Revenue Divisional Officer, Nalgonda' 5. Tahsildhar, Na!gonda, Nalgonda District' 6. The Under Secretary, Ministry of Postal Service, Union of lndia New Delhi 7. Postal Superintendent, Department of Posts and Telecommunications Nalgonda D!strict B. One CQ to SRI SARANIPALLY MRUDULA Advocate [OPUC] !oneCCtoS{GadiPraveenKLlmar,DeputySolicitorGeneraloflndia[oPUC] 10.Two CCs to GP for Revenue, High Court for the State of Telapgana at Hyderabad [OUT]
11.Two CD CoPies KKS BS HIGH COURT DATED:1610412025 ORDER WP.No.38295 ot 2016 ( q i \ tt1 !; f-rl r 6 01 tqA{ 2025 2 C D E lr 9(l c DISPOSING THE WRIT PETITION WITHOUT COSTS bx-