High Court · 2025

Petition under Article 226 of the Constitution.of lndia praying that in the therewith' the High Court may be circumstances stated in ft'J pleased to issue a wnt, orOlr or direction' more particularlv one in the nature of Writ of Mandamus declaring the action of the Resoond-ents constructing the Rooms for Gravy yard in tn""p"tition"r land to an extent of Ac 20.00 gts in sy No Konapur vil' Turkapallv tt/ldl' 127,127t(ka ) ,127(kha l'iziitii'iti !g.h') 't iiscriminatory and also in violation of Yadadri Dist as illegal, "ni""il'i'i"t' Articre 21 of the constiruti#'J'i"0il ""i consequently direct the Respondents to :i;'i ; IA NO: 10 F 2023 for gravy yard in the petitioner land "Jnsiir"tion 'oomt Petition under Section 151 CPC praying that in the circumstances stated in t," piiti,i"lir'e"Hign court may be preased to direct the affidavit fired in support the Respondents not to inte#eie in to the petitioner land and stop the construction the land to an extent of Ac 20'00 gts in Sy No of rooms for gravy yaro "r -on 127,127(lka) ,127(kha \ 12,(g? ) 121 (gha ) in Konapur vit Turkapalty Mdl, Yadadri Dist, p -.nd in g O isposa l'ot the ma in'ivrit petitio n counsel for th'-' petitioner: sRr r. SRTKANTH REDDY REp., Fott sRr. cHUNAp ANVESH KIRAN Counsel for the Respondent No.1: Gp FOR 'ANCHA'AT Counsel for ther Respondent Nos.2 to 4: Gp FOR REVENUE Counsel for thr, Respondent no.s: SRI KISHORE RAO SC FOR Gp counser for ther Respondent no.6: sRr K. BHAGAVANTH REDD.T The Court madrl the followinE: ORDER RAJ FIURAL DEV THE HONOURABLE SMT. JUSTICE T. MADTIAVI DEVI n 1TIRIT PETITION No.11276 of2O23 ORDER: In this writ petition, the petitioner has prayed for the following relief: o.....to issue a Wnt, ord-er or direction more partianlarlg one in the noture of Writ of Mandamus declcting the action of the Respondents constntcting the Rooms for Graug Yard in the petitioner lond to an extent of Ac'2O'OO gts in Sy'No' 127, 127/ka 127/klu1 127/go 127/gha in Konapur uillage' Turkapatlg Mandal, Yadadri District as illegal' arbitrary' unjust, disciminatory and olso in uiolation of Article 21 of the Constitution of India and' consequently direct tle Respondents to stop tLrc construction of room-s for graug gard in the petitioner land and lo Pass.. . ' ' "

2. The petitioner claims that the respondents have started construction of two rooms for the graveyard in his land without issuing any notice to the petitioner' Respondent No.4 has filed a counter affidavit stating that 3. an extent of land admeasuring Ac'O'05 gts, in Sy'No'127 situated at Konapur Village, Turkapally Mandal, Yadadri District' has been donated to the respondents by way of sada bainama and thereafter, the respondents have proceeded to construct the rooms in the donated land. It is further submitted that since the dispute hzLs z.-isen over the location of the la,d of ttLe petitioner, a survey \r'as (londucted and the Mandal Survevor h:rs asked the petitioner ,o shou' the boundaries, but the petitioner ."r,as not able to identifl arLd show the boundaries and the report of the Surveyor ir; that one of the rooms is partly cbnstructed within the alignment of Pranahitha Chevella project Car-ra1 ac quired land and anothr:r rc,om is constructed in patta lanrl in S1..illo.127. It is also subn itte C that there are no sub_division [ippans for Sy.No.l2iz, ancl the title of the land covered b1. re second room is not conlirmr:d as to the ownership of the larld ir. rvhich the constructio n rvas taken up. It is submitted that thc: same has been inforn red ._o the petitioner.

4. Lea rne <l counsel for the petitioner submitterd that the lands of th: rt:ighbours of the petitioner were acquired for the project. Th:rerrrre, admittedly one room is constructed in the acquired la rd :Lnd the other room is supposedly conrttructed in the petition er's proper[r. It is submitted that sin ce rhere is no sub-divisi.r ol' Sy.No.127 a,d the petitioner,s land is also in sy'No' 127 it has to be presumed that the other- room is constructed in his land only.

5. Leru nerl Government pleader for Revenue, hou.r,:ver, relied upon the avt.rme:nts made in the counter affidavit. k < :."" \ I I I l ../ \ I I I I I i I I I l l I I t ,

6. Having regard to the rival contentions arrd the material n on record, this Court finds that the responde nts were in the process of making the construction of two rooms for the graveyard and by virtue of the interim orders of this Court to maintain status quo as on the date of the order' the construction has been stopped' It is also an admitted fact that there are no sub-division tippans in Sy'No'127 of Konapur Village' Turkapally Mandal, Yadadri District' The petitioner claims to be owner of Ac.2O.O0 gts in Sy'No '127 whereas the donor i'e'' respondent .No.6claimstohavedonatedAc.o-o5gts.,ofhislandforthe construction of graveyard by way of sadabainama' Unless and until the land of the donor is identifred' the respondents ought not to have undertaken the construction activity' Therefore' this Court deems it fit and proper to direct the respondents not to proceed with the construction unless and until they have identified the land of the donor and the exercise of identifying the land of the donor shall be taken up after issuing notice to a1l the concerned parties particularly the petitioner herein' If it is found that the construction under taken is not in the donor's land but is in the land of the petitioner' the respondents shall remove the rooms and thereafter the construction will be made in the identifred land. _/ 7 In rri:u, of the above, this writ petition is allovved. No order as to co sts . Miscella neo,rs applications, if any, pendine in this Writ Petition, slrall stald closed //TRUE COPY/i SD/-MOHD. ISMAIL T REGISTRAR ASS TION OFFICER To, 1 The Princ pal fiecretary, Panchayath Hyderaba C. j Department, Secret,ariat,

2. The Distri;t Cjollector, Bhonagiri , Bhonagiri Dist, Telangana Sitate. 3. The Reve rue f ivisional Officer, Thurakapally tvlandal , yadaclri Dist. 4. The Taha ;ilda., Turkapally Mdl, Yadadri Dist. 5. The Secrr,tanT Grampanchayath konapur, Turkapally, yadadri dist. 6. Pasupula Andallu, W/o Muttaiah , Age !a Years . OCC - Surpanch , Konapur Village , T hurkapally [\,4andal , Yadadri Dist.

7. One CC to SFtl. CHUNAP ANVESH KTRAN Advocate [OpUC] 8. One CC to SR KISHORE RAO SC FOR Gp tOpUCl 9. One CC to SR K. BHAGAVANTH REDDYAdvocate tOpUCl '10. Two CCs o (lP FOR PANCHAYAT RAJ RURAL DEV ,High rlourt for the State of T:lanSyana. [OUT] 1 1 . Two CCs o (lP for Revenue, High Court for the State of Telangana at Hyderaba j. [OUT]

12. Two CD C opie s I),, ,T+ KKS GJP \ HIGH COI.'RT DATED:1A10212025 ) ORDER WP.No.112'.76 of 2023 ,",: ' 1r) '!. '' /\ i t_: A 0'\ i ,' ?16 \ -/./ -/ ALLOWING THE WRIT PETITION WITHOUT COSTS (A- ( \- '7u I I I l I I I