✦ High Court of India · 11 Apr 2025

High Court · 2025

Case Details High Court of India · 11 Apr 2025
Court
High Court of India
Decided
11 Apr 2025
Bench
Not available
Length
1,257 words

2. Sri Boddu Kumar, S/o late Boddu Swamy, Aqed about 65 vears. Occ. Business, R/o H.No. 7-1-3O9t1 , Near Vi:nkaleshwara SwarfiV ii:mpte, Balkampet, San,jeeva Reddy Nagar, Hyderabad.

3. Sri Boddu Srinivas Goud, Sio late Boddu Swamy, Aqed about 58 vears. Occ. Business, Rl/o H.No. 7-1-30911, Near Venkllesiwara Swamy iejrnpte, Balkampet, Sanjeeva Reddy Nagar, Hyderabad.

4. Sri Boddu Qqda1g1d, Slo late Boddu Swamy, Aged about 50 years, Occ. Business, R/o H.No. 7-1-30911, Near Veikateihwara Swaniy fempte, Balkampet, Sanjeeva Reddy Nagar, Hyderabad.

5. Sri B. Buchidas Goud, S/o Sri Laxininarasaiah. Aoed about 57 vears. Occ_ dtreei' No.e, Business, Fl/o FIat No. 501 , Sth Floor, Gangotri Himayathnagar, Hyderabad-500029- "Apartments,

6. Sri U. Venkataswamy_, S/o U./ Mohan Rao, Aged about 40 years, Occ. Bqginess, R/o H.No.5-7, Badevaripalem, prakashdm District, Andhra piadesh - 523 113. Petitioner No.1 to 6 are rep. by their regd. DAGpA Holder, vide document No. 1102 ol 2023 Dated 3110312023, M/s. Raia Developers and Builders. Reo. bv its Managing Partner, Sd lnturi Ramesh, S/o lnturi kondaiah, office ai Flai No'. 504, Eenadi Heights on Plot Nos. 182 and 183, Eenadu Society. Eenadu Colony, Kukatpally Village, Medchal Malkajgiri District, TS. AND 'l . The State of Telangana, rep. by its principal Secretary, Revenue Department, Secretariat, Hyderabad. ...PETITIONERS

2. The District Collector, Hyderabad District, Hyderabad 3. The Revenue Divisional Officer, Ameerpet Division, Hyderabad 4. The Tahsildar, Ameerpet Mandal, Hyderabad. ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court mby be pleased to issue a direction, order or writ more particularly one in the nature of writ of Mandamus to declare the action of the officials respondent No. I to 4, particularly respondent No.4 in interfering into the subject property and trying to disposses the petitioner from the subject property as-illegar, arbitrary, unjust and misuse of official powers, and consequenfly direct the respondent No.,l particularly respondent No.4 not to interfere into the subject property. 'to 4, lA NO: 1 OF 2025 Petition under Section 151 cpc praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High courl may be pleased to direct the official respondent No.1 to 4, particularly respondent No.4 not to interfere into the subject property. Counsel for the Petitioners: SRI D.JAGADESHWAR RAO Counsel forthe Respondents: AGp FOR REVENUE The Court made the following: ORDER -----7 THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.112 74 of 2o.25 ORDER: This writ petition is filed seeking to declare the action of the respondents, more particularly, respondent No.4 in interfering with the subject property i.e., house with appurtenant land bearing municipal No.7_1_306 & 307/l (old No.7-l-3O2/36), admeasuring Ac.3.3g guntas in Sy.No. 142 co_ relating to TS Nos. 142/1, I42/2 and, 142/3, situated at Bhoolkhanguda, Ameerpet Mandal, Hyderabad, and trying to dispossess the petitioners from the subject property, as illegal, arbitrary and violative of principles of natural justice and for other appropriate reliefs.

2. Petitioner Nos.l to 4 herein claim to be the absolute owners and .possessors of the subject property as per the l'evenue records, having inherited the same from the husband of petitioner No.1 and father of petitioner Nos.2 to 4, who were the protected tenants of the said property and whose narnes were reflected in the tenancy register maintained during the years 1950-51. It is stated that when disputes arose, the predecessors in-title of the petitioners frled O.S.No.124 of 196Z on the lile of 2 III Additional .Iudge, City Civil Court, Secunderabad, seeking rectification of entries in pahanies and also for other reliefs in respect of the subject prupeity and the same was decreed. Aggrieved b1' the same, the defendant in thr: said suit i.e., Islamia Arabir: College has preferred an appeal vide C.C.C.A.No. 137 of 1981 and the same was dismissed on

04.O4.1997. Being aggrieved by the same, the de{bndant carried the matter to the Hon'ble Supreme Court vide SLP No.18552 of 1997, which was also dismissed on 17.10.1997. IL is further stated that the Hon'ble Supreme Court confirmcd the title in favour of petitioner Nos. I to 4. It is further stated that petitioner Nos.l to 4 have filed an application seeking to irrLplement their names in Town Survey Record in pursuance of the Judgment and Decree dated 23.01.1981 passed in their favour in respect of the subject property.

3. It is the fllrther case of the petitioners thal: acting upon the representation submitted by petitioner Nos. 1 to 4 in terms of the decree and judgment datcd 23.01.1981 passed in O.S.No. 124 of 1967, the District Collector has issued proceedings vide B2ITSLR/02/2022, dated 25.06.2022, directing the Deputy Director of Survey and Lzutd Records, Hyderabad, lor mutating the names of petitioner Nos.l to 4 in I ( 3 the Town Survey Record in respect of the subject property' It is SurveY and Land also stated that the Deputy Director of Records, Hyderabad, has sub-divided the supplementary record and sketches to that effect' The grievance of the petitioners is that d'espite the same' iespondent Nos'3 and land and issued 4arenotonlyfrequentlyinterferingwiththesubjectproperty but also trying to disPossess them'

4. Considered the submissions of the learned counsel for the petitioners 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'

5. karned Assistant Government Pleader for Revenue submits that und.er the guise of preparation of the sub-division record in respect of TSLR Nos'142/ l' 14212 and 14213' w}len the petitioirers have made efforts to encroach the adjacent Government lands, the said action has been initiated by the respondents. In fact, they have not interfered with the possession of the petitioners over the subject property, in any manner. In view of the said submissions' this Writ Petition 1S 6. disposed of directing the respondents not to interfere with the 4 -\ D peaceful possession arrd enjo).rnent of the petitj.oners over the subject property i.e., house rvith appurtenant. land bearing (old N.o.7- 1-302136), municipal No.7- l-306 & 3O7 /l admeasuring Ac.3.3S guntas in Sy.No.142 co-rclating to TS Nos. 14211, 142/2 and 142/3, situated at Bhoolkhanguda, Ameerpet Mandal, Hyderabad, in any manner. If the respondents ar<: having any claim over the subject property or if any part of the subject property forms part of th:e Government land, they shall take acticn, strictly in accordance with law. There shall b<: no order as to costs. 7 . As a sequel, the miscellaneous petitions pending, if any, shall stand closr:d //TRUE COPY// SD/.N.SRIHARI EPUTY REGISTRAR 4 SECTION OFFICER To,

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

2. The District Collector, Hyderabad District, Hyderabad 3. The Revenue Divisional Officer, Ameerpet Division, Hyderabad 4. The Tahsildar, Amt..erpet Mandal, Hyderabad. 5 One CC to SRI D JAGADESHWAR RAO, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

7. Two CD Copies BSFYBSK HIGH COURT DATED:1110412025 ORDER WP.No.11274 of 2025 ( (- I t \ O L] 7 1HE S 14 16r R 15 APn 2ffi * Df .S n,.- ; rt uC( DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \ \

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