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 a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declarrng the action. of the Respondents in interfering with proposed house construction in spite there being a valid house permission Vide Permit No. 009118P1312112023 dl.2510712023 in the petitioner's house plot to an extent of 6.17 Sq Yards in survey no. 343/'10 situated at Ameenpur Village and mandal, Sangareddy district showing the Status Order dated. 0210212023 in WP No. 2847 of 2023 is illegal, arbitrary and violation of principles of Natural Justice, apart from violation of Articles 14 300-4 of Constitution of lndia and consequently direct the respondents not to interfere with proposed house construction Vide Permit No. 009118P13121 . 12023 dl. 2510712023 in the petitioner's house plot to an extent of 617 Sq Yards in. survey no. 343/10 situated at Ameenpur Viltage 86 mandal, Sangareddy district showing the Status Order dated. 02/0212023 in WP No. 2847 ot 2O23 lA NO: 1 OF 2025 Petition under Section '151 CPC praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High Court ntay be pleased to direct the respondents not to interfere with proposed house construction Vide Permit No. 009118P1312112023 dl 2510712023 in the petitioner's house plot to an eitent of 61.7 Sq Yards in survey no. 343/10 situated at Ameenpur Village and mandal, Sangareddy district showing the Status Order dated 0210212023 in WP No. 2847 oI 2023, pending disposal of the Writ Petition Counsel for the Petitioner: SRl. RAMAVARAM CHANDRASHEKAR REDDY Counsel for the Respondent Nos.1 to 4: AGP FOR REVENUE Counsel for the Respondent No.S: SRI PUTTA KRISHNA REDDY SC FOR MC The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.98O1 of 2o25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "...to issue an appropiate wit, order or direction; partianlarly one in the nature of u-trit of Mandamus: a) declaring the action of Respondents in interfering uith ,by proposed house construction in spite there being a ualid house permission uide permit No.0091/BP/3121/2023, dated 25.07.2023 in the petitioner's house plot to an octent of 617 sqtare gards in Sy.No.343/ 10 situated at Ameenpur Village and Mandal, Sangareddg Distict, showing the stafits4uo order doted 02.02.2023 in W.P.No.2847 of 2023 is illegat, arbitrary and uiolation of fundamentol ights under Articles 14 and 3OOA of Constitution of India: and b) consequentlg direct the officiol respondents not to interfere raith the proposed house construction or pass such other order or orders as this Court deems fit and proper in the circum.stances of the case..."

2. The case of the petitioners is that they are the owners and possessors of the open land admeasuring 617 square yards in Sy.No.343/ 10 situated at Ameenpur Village and Mandal, Sangareddy District, within the limits of Ameenpur Municipality, having t- Y*'1 I 2 purchased the same under the registered sale deed bearing Document No.40357 of 2021, dated 30.09.2O21. It, is further stated that the vendor of thr: petitioners and their predecessors have purchased the subject property under the registered sale deeds. It is al.so stated thal after purchasing the subject propertJ/, the petitioners have obtained necessary building permission for construction of residential building vide permit No.009 1/BP/3121 /2023, dated

25.O7 2023.

3. It is the lurthcr case of the petitioners that while they were proceeding with the construction work, respondent Nos.3 and 4 started interfering with the peaceful possession and enjoyment of the petitioners over lhe subject property and also the construction work. On questioning, the respondents informed them that there is a Status-quo ordcr dated 02.O2.2023 passe d by this Court in W.P.No.2847 of 2023, w.hich was filed by the vendor of the petitioners regarding boundary disputes between the vendor of the petitioners and TSPF land in Sy.No.343/ 10.

4. The grievance of the petitioners is that although they are not parties to W.P.No.2B47 of 2023 and the vendor of the petitioners is now no way corlcerned with the subject propertv, the ofhcial respondents are fiequently interfering with the construction work. Therefore, they were constrained to hle the present Writ petition. --7 3

5. Considered the submissions of learned counsel for the petitioner, learned Assistant Government Pleader for Revenue for respondent Nos.1 to 4 and Mr.Putta Krishna Reddy, learned Standing Counsel for respondent No.5 and perused the record.

6. Learned counsel for the petitioners vehemently contended that the petitioners have purchased the subject property under registered sale deed bearing document No.40357 of 2027, dated 30.O9.2021 and that their vendor and their predecessors have purchased the subject property under the registered sale deeds. Learned coqnsel further submits that the petitioners have obtained building permission for construction of residential building vide permit No.O09l/BP/312112023, d,ated 25.07.2O23 and proceeding with the construction work.

7. Learned Assistant Government Pleader for Revenue appearing for the respondents subrnits that there is a dispute with regard to the identification and localisation of land forming part of Sy.No.343/ 10 and the same is abutting to the Government land. It is also submitted ttrat the subject land was assigned to the vendor's vendor of the petitioners as such their vendors are not entitled for alienation or transfer of the Iand in favour of the petitioners as such the petitioners are not having any valid document or right to proceed with the constructions. I I 4

8. Since il is the case of the petitioners thtrt. the respondents without issuir-rg any notice interfering u'ith the peaceful possession of the petitioners and also with the constmction activity, the ends of justice would be met, if the respondents aie directed to conduct an enquiry, in a< cordance \,r'ith law, by issuing notice to the petitioners and after c<;nsidering the objections being submitted by the petitioners. Il the respondents found any part of the subject land being form part of the Government land, they are at liberty to take action, in accordance with law. g. With tht: above observations, this Writ Petition is disposed of. As a se<1ue1, the miscellaneous petitions pending, if any, shall stand closed. No order as to costs. //TRUE COPYII SD/-A.V.S. PRASAD t DEPUry(EFrsrRAR / \ SECTION OFFICER To,

1. The Principal Secretary Revenue Department Secretariat Buildings Saifabad, Hyderabad- 500022 2, The District Collector, Sangareddy, Sangareddy District, Telangana State. 3. The Revenue Divisional Officer - Sangareddy, Sangareddy District, Telangana State.

4. The Mandal Revenue Officer - Ameenpur, Ameenpur Mandal, Sangareddy District, Telangana State

5. The Commissioner, Ameenpur Municipality, Ameenpur Mandal, Sangareddy District, Telangana State

6. One CC to SRI RAMAVARAM CHANDRASHEKAR REDDYAdvocate loPUCl

7. Oire CC to SRI PUTTA KRISHNA REDDY SC FOR MC IOPUC] 8. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana. Two CD Copies o KKS I]S x)b HIGH COURT DATED:0710412025 ORDER WP.No.9801 of 2025 -a--:: tril€ v )P I +i a o 2 2 APn 2025 t o l1P^i'tre': DISPOSING THE WRIT PETITION WITHOUT COSTS erq'' %* D