Edukulla Surakshitham v. 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 declaring the action of the Respondent No. 4 in interfering with the rights of the petitioner guaranteed under the Constitution of lndia apart from violating the statutory rights of the Petitioners with respect to the Plot No.6 North Part admeasuring 160 Sq. Yards situated in Sy.No.320, Anmagal Village, ilayathnagar, Telangana State abusing his powers contrary to the law, as illegal, arbitrary and unconstitutional and consequently direct the Respondent No.4 to not interfere with the rights of the Petitioner in any manner relating to the subject plot more particularly visiting the property. |.A.NO:1 OF 2020 Petitionf;0rider Section 151 CPC praying that in the circumstances stated in the affidavit filti in support of the petition, the High Court may be pleased to direct the Respondent No. 4 to restrain from interfering with the rights of the petitioner in any manner in relation to Plot No. 6 North Part admeasuring 160 Sq. Yards situated in Sy.No. 320 at Anmagal Village, Hayathnagar, Telangana State pending ii. -- disposal of the writ petition. Counsel for the Petitioner : SRI N.NAVEEN KUMAR Gounsel for the Respondents : AGP FOR REVENUE The Court made the-following ORDER (-\ THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.14539 OF 2020 ORDER: This Writ Petition is filed seeking a writ of mandamus declaring the action of the 4th respondent in interfering with the petitioner's rights guaranteed under the constitution of India, and in violating the petitioner's statutory rights in respect of Plot No.6 (North Part), admeasuring 160 sq. yds., situated in Sy. No. 32O, Anmagal Vitlage, Hayathnagar, Telangana State, by abusing his powers anci acting contrary to law, as illegal and arbitrary; and consequently, to direct the 4tt' respondent not to interfere in anv manner with the petitioner's rights over the subject plot, particularly by visiting the said property.

2. When the matter is taken up for consideration, the learned counsel for the petitioner submitted that this Court, at the stage of admission, had passed an interim order in I.A. No. I of 2O2O, dated O4.O7.2O2O, directing the official respondents not to interfere with the l{ j I i .\ Page 2 of5 petitioner's possession over the subject plot. It was made clear that, in case the officiar respondents are of the opinion that the subject plot forms part of Government l*0, they are entitled to take necessary action strictly in accordance with the procedure established by law. Hence, he seeks disposal of the writ petition in terms of the interim order passed by this Court.

3. sri sahas Reddy, rearned Assistant Government Pleader representirg the learned Government pleader for Revenue, appearing for the official respondents, upon instructions, submits that the official respondents are not interfering with the petitioner's possession over the subject plot, as apprehended by the petitioner. However, he submits that the writ petition may be disposed of in terms of the interim order. 4 This court, passed order in I.A.No. 1 of 2o2o on O4.O9.2O20 as follows: "The leamed counser for the petitioner h,,s stated. that tLe petitioner has purchased. ihe prot bearing wo.6, admeasuring 160 square gard.s, siiuated. in "Suru-ey- _ Page 3 of5 No.320 of Anmagal Village, Hayathnaga4 through a registered" sale deed., dated 02.09.2016, and subsequently, the said plot has been regularized under the Lagout Regularization Sclrcme. The learned counsel has further stated that the petitioner has obtained necessary building permission from the Greater Hyderabad. Municipal Corporation authoities. That the subject plot is surrounded by buildings on all the three sides and there is absolutely no iota of euidence to show that the subject plot is part and parcel of a larger ertent of Gouemment land. The learned counsel has further stated that when the petitioner is making constructions ouer the subiect plot, respondent No.4 and his subordinates are interfeing with the same, and as such, he seeks a direction from this Court to restrain the offtcial respondents from interfering with the constructions made by the petitioner. After going through the documents arud hearing the submissions mad"e by the learned counsel for the petitioner, this Court is of the pritna facie opinion that the interference by the official respondents, without putting the petitioner on notice, is not permissible under law. Therefore, there shalt be an inteim direction to the official respond"ents not to interfere uith the possession of tlrc petitioner ouer the subject plot. It is made clear that in case, the official respondents are of the opinion that the subject plot is part and parcel of a Gouerttment land, they are entitled to take necessary action, stictly in accordance with the procedure established by law-"

5. Recording the submissions of the learned counsel for the petitioner, and without expressing any opinion on the merits or demerits of the case, this Writ Petition is disposed of in terms of the interim order passed by this court o1

04.O9.2O2O in I.A. No. I of 2O2O- { ( ,..#*.-**{th+, i i ,..' Page 4 of5

6. There shall be no order as to costs. As a sequel, miscellaneous petitions, if &oy, pending shall stand closed To //TRUE COPYII Sd/.K.BHAVANI SWAMY ASSISTANT RE'ISTRAR (? SECTION OFFICER or Revenue, secretariar Buirdinss, state Eqlg_, Reddy.District, Telangana. oft""i, roibhimpatnam Div-iJion, Ransa Reddy I lifij'lrT# i,"fi!,?t3g;Department z. r ne District Collector, 3' 5[irff'fSH"oJXS]"",t - |!|,[*fl R-evenue officer, Hayathnagar Mandal, Ranga Reddy District, I IW":r";l: rfrii- REVENUE, Hish court ror the Srate or reransana at 6. One CC to SRt w.rueVeeru KUMAR, Advocate IOPUCI 7. Two CD Copies (+ SA PMK 1 I i .1':''''-* ' - ( ) ,;22DECp5 .: a '.Y * ,:.S'i-A I i: -.=:i:J:-.-- 'li-t1 HIGH COURT DATED:0210912025 ORDER WP.No.14538 of 2020 DISPOSING OF THE W.P WITHOUT COSTS. t,r 6 \'r, >,