Smt. Agrachatty Surekha v. 1. The State of Telangana

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 issue a writ, order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the'respondents in interfering and trying to dispossess the petitioner from her residential property bearing H No. B-2-293l82lNNN/3, admeasuring 75 sq. yards in TS No.1, BIoc,-F, Ward N'9 co- related to Sy No. 403/P, Navinirman Nagar, Jubilee Hills, Shaikpet, Hyderabad without following due process of law is illegal, arbitrary and against the principles of natural justice and atso violative of Article 300-4 of Constitution of lndia and ----------------1/ consequently direct the respondents not to interfere into the peaceful possession and enjoyment of the petitioner house property without following due process of law in the interest justice. 1A NO: 1 OF 2025 petition under Section 151 CPC praying that iri the circumstances stated in the affidavit filed in support of the petition, the High Court may be pledsed to Direct the respondents not to interfere into the peaceful possession and enjoyment of the petitioner house property bearing H No. 8-2-293l82lNNN/3' admeasuring 75 sq. yards in TS No.'l , Bloc,-F, Ward N.9 co-related to Sy No' 403/P, Navinirman Nagar, Jubilee Hills, Shaikpet, Hyderabad without following due process of law, pending disposal of the writ petition. Counsel for the Petitioner : SRI B.VAMSHIDHAR REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER I / THE HON'BLE SRI JI'STICE C.V.BHASKAR REDDY WRIT PETITION No.LL267 of 2O2S ORDER: This writ petition is filed seeking to dechre the action of the respondents, more particularly, respondent No.4 in interfering and trying to dispossess the petitioner from her residential property bearing H.No.8-2-293/82/NNN/3, admeasuring 75 square yards in TS No.1, Bloc-F, Ward No.9 co-related to Sy.No.403/P, Navinirman Nagar, Jubilee Hilts, Shaikpet, Hyderabad, without following due process of law, as illegal, arbitrary and violative of principles of natural justice ald for other appropriate reliefs.

2. Considered the submissions of the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent this writ petition is disposed of at the admission stage. It is the case of the petitioner that she is the absolute owner

3. and po"""""o, of residential house bearing H.No.8-2- 293/82/NNN/3, admeasuring 75 square yards in TS No. 1, Bloc-F, Ward No.9 co-related to Sy.No.4O3/P, Navinirman Nagar, Jubilee Hills, Shaikpet, Hyderabad. It is the further case of the petitioner that she has been in occupation of the subject property since long time and taking into consideration of the same, in terms of 2 G.O.Ms.No.59, Revenue (Assn.I) Department, dated 3O.12.2014, the subject property in possession of the petitioner to an extent of 75 square yards has been regularized and also executed deed of conveyance on 26.O9.2023 in favour pf the petitioner vide application No.AOGO222OOOl 1 158 by respondent No.4-Tahsildhar.

4. Learned counsel for the petitioner vehemently contended that once the deed of conveyance ulas executed in favour of the petitioner, the petitioner has become original owner and no rights have been conferred either on the Housing Board Corporation or on the Government to take steps to dispossess the petitioner forcibly from the subject property.

5. Learned Assistant Government Pleader for Revenue contended that the petitioner has encroached to an extent of more than 75 square yards as such they have initiated action for removal of the encroached extent by issuing notice as required under the Land Encroachment Act, 1905. Instead of submitting explanation for the said encroachment notice duly enclosing the relevant documents, the petitioner has Iiled the present writ petition.

6. Without expressing opinion on merits or demerits of the case, this Court is of the considered opinion that the ends of justice would be met, if the petitioner is directed to submit -7 explanation duly enclosing all the relevant documents including the deed of conveyance dated 26.09.2023 executed in favour of the petitioner to an extent of 75 square yards pursuant to the notice d.ated 07.O7.2023. If the petitioner is justified w.ith the occupation of the subject property for which deed of conveyance is executed by respondent No.4-Tahsildhar, in terms of G.O.Ms.No.59, Revenue (Assn.I) Department, dated 30.12.2014, the respondent authorities shall not take any action. Otherwise, on enquiry, it is found that the petitioner has been in possession of over and above the extent of land for which deed of conveyance is executed, the respondent authorities are at liberty to pass appropriate orders, in accordance with law.

7. With the above observations, this Writ Petition is disposed of. There sha-Il be no order as to costs

8. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/.MOHD. ISMAIL DEPUry REGISTRAR l SECTION OFFICER To,

1. The Principal Secretary, Revenue Department Secretariat' State of Telangana, Hyderabad.

2. The District Collector, Hyderabad District at Hyderabad 3. The Revenue Divisional Officer, Shaikpet Division, Shaikpet' Hyderabad 4. The Tahsildar, Shaikpet Mandal, Hyderabad 5. The Telangana state Housing Board (Deccan.lnfrastructure Land Holdings Ltd, (DILL) Urdugalli, Himayathnagar, Hyderabad

6. The Commissioner, Hyderabad Disaster Response and Asset Protection Agency (HYDRA), Offici.'at Lower Tank Bund, Hyderabad. 7. One CC to SRI B.VAMSHIDHAR REDDY, Advocate. [OPUC] B. Two CCs to GP FOR REVENUE, High Court for the State of Telangana' Two CD Copies o I HIGH COURT DATED:1 110412025 -1 g o a ORDER WP.No.11267 of 2025 oF TE(4 9a .$ P ( .l .( + s* s. \- ] I n1i1 * f' DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ 1\ K I i