High Court · 2025

15.Jella Bharathi, W/o. J.Srinivas, Aged 34 yrs., Occ. Household, H.No.24l952, BJR Nagar, Jawaharnagar, Kapra Mandal, Medchal Dist. ..PETITIONERS AND 1 The State of Telangana, rep by its Prl Secretary, Revenue Department, Secretariat, Hyderabad. 2 3 The District Collector, Medchal District, At Keesara, Medchal District The Tahsildar, Kapra Mandal, Medchal District ...RESPONDENTS Petition under Article 226 of the Constitution of lnd ra 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 more particularly one in the nature of writ of mandamus i)declaring the action of the Respondents in threatening to d ispossess/demolish the houses of the petitioners being H. Nos.241983 24t980,24t951 ,24t957 ,24t992,241986,24t1101 ,24t956.24t948,24t955,24t954,24191 8,241686,241994 and 24l912,respectively of BJR Nagar, Jawaharnagar Village, Kapra Mandal, Medchal District without, following due process of law as arbitrary, illegal, unreasonable, violative of principles of natural justice and violative of Article '14 and 21 , 300-A of Constitution of lndia ii) a drrectron to the respondents not to d ispossess/demolish the houses of the petitioners without following due process of law, iii) costs be awarded lA NO: 1 OF 2018 Petition under Section '151 CPC praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High Court may be pteased to direct the respondents not to dispossess/demolish the houses oi the petrtioners being H.Nos.24l983, 241980, 241951 , 241957, 241992, 241986. 24t1101 . 241956. 241948, 241555, 241954, 241918, 241686, 241994 & 241952, respectively of BJR Nagar, Jawaharnagar Village, Kapra Mandal, Medchal District. during the pendency of writ petition, in the interest of justice. Counsel for the Petitioners: SRl. B MAHENDER REDDY Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE K.SARATH urRIT PETITION No.8222 of 2018 ORDER: This Writ Petition is llled seeking the following relief: "... to issue an order or direction or writ more particularly one in the nature of writ of mandamus i) declaring the action of the Respondents in threatening to dispossess/demolish the houses of the petitioners being H.Nos.241981, )41980, )4195't, 241957, zqlggz, zql986, z4l-ttot, >41956, 1+1948, 241955, 241954, z4l9t8, 241686, 241994 and z4lg5z respectively of BJR Nagar, Jawaharnagar Village, KaPra Mandal, Medchal District, without following due process of law as arbitrary, illegal, unreasonable violative of principles of natural iustice and violative of Article 14 and 2r, SooA of Constitution of lndia ii) a direction to the respondents not to dispossess/dem olish the houses of the petitioners wrthout following due process of law iii) costs be awarded and Pass..- "

2. Heard learned Counscl appearing for the petitioners and learned Assistalt Governmen t Pleader for Revenue appearing for the respondents and perused the entire material on record.

3. L,earned Counsel for the petitioners submits that the petitioners are landless poor persons and socially and economically backward and are in possession of the=if - 2 respective house sites to an extent of 80 to 3OO Sq. yards in Sy.No.324 of BJR Nagar, Jawaharnagar Village, Kapra Mandal, Medchal District, and they were allotted the house numbers bearing H.Nos.24/983, 24 l9BO, 24 1951 , 2419s7, 24/992, 24/986, 24l|tot, 2419s6, 241948, 241955, 24/954, 24/918, 24/686, 24/994 and 241952 respectively by the Jawaharnagar Grarn Panchayat and residing in the said houses by paying property taxes to the Jawaharnagar Gram Paachayat. while it being SO respondent No.3 trying to demolish the houses of the petitioners without issuing any notice is illegat and arbitra5r. 4, After perusal of the record, it reveals that this Court while admitting tlle writ petition on 28.03.2018 stated that ensrlre the procedure as required by the Land Encroachment Act, 1905, be followed to evict alleged illegal occupants, who have already constructed houses and living therein and also made clear to the petitioners / 3 that no fresh/further construction or changing of physical features or creaLion of third party interests.

5. l,earned Assistalt Government Pleader for Revenue submits ttrat the respondents will follow the due procedure as contemplated under law

6. In view of the above said submissions, without going into merits of the case, this Writ Petition is disposed of directing the respondents not to demolish/dispossess the petitioners from the subject properties without following due procedure AS contemplated under law. There sha]l be no order as to costs

7. Miscellaneous petitions, if any, pending shall stand closed. /TTRUE COPY// SDi- K. SREERAMA MURTHY AS israrur REGISTRAR SECTION OFFICER To,

1. 2 2 4 ( The Prl Secretary, Revenue Department' Secretarrat' Hydera bad The District Collector, Medchal District' At Keesara' Medchal District The Tahsildar, Kapra Mandal' Medchal Dtstrict One CC to SRl. B MAHENDER REDDY Advocate IOPUCI Two CCs to GP FOR REVENUE'High Court for the State of Telangana tOUI

6. Two CD Copies KK GJ A-l,/ o HIGH COURT DATED:1410212025 ORDER WP.No.8222 of 2018 1l.lE ST4f o ( 2 B JUil 2025 '.Tsoatr"' DISPOSTNG OF THE WRIT PETITION WITHOUT COSTS .1 ( I9 €