High Court · 2025

Mudavath Anjamma, Wo Sri lt/ludawath Ravi, aged about 39 years , Occ Housewife, R/o T.S. No. Locality 239, Vinayaknagar, Bahadurpally, Quthbullapur [/andal, tvledchal l/alkajgiri District ...PETITIONER AND

1. The State of Telangana, rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

2. The District Collector, Medchal Malkajigiri Dist. 3. The Revenue Divisional Officer, IMalkajigiri division. Medchal tValkajigiri Dist. 4. The Tahasildar, Dundigal Gandimaisamma [/andal Medchal IMalakajigiri Dist ...RESPONDENTS 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 writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in trying to interfere into the peaceful possession and enjoyment of the plot to the extent of 60 sq.yards in survey No. 239 situated at siluated in Vinayaknagar, Bahadurpally, Dundigal Gandimaisamma (thethen Quthbullapur) Mandal Medchal lt/lalkajgiri District on the ground that land is a government land even though the subject land was regularized vide Proceedings No. Bi32l2015 dated 28.O5.2015 without issuing any notice following the due process of law as arbitrary and illegal and in violation of the principles of natural justice and also violative of Article '14, 16 and 3ooA of constitution of lndia consequently to direct the respondents not to i I I interfere into the peaeceful possession and enjoyment of .he above plot of the' petitioner lA NO: 1 OF 2025 Petition under Section 1si cpc praying that in the lircumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents 2 to 4 not interfere into the -.peac eful possession and enjoyment of small room constructed in 60 sq.yrrds in sur'ey No. 239, situated in Vinayaknagar, Bahad urpaly,dund igar,Gandimaisamma (ttre then euthbulapur) [\/andal I\/edchal tvalkajgiri District without issuing any not ce and following the due process of law. Counsel for the Petitioners:SRl. cUDl MADHUSUDHAN REDDy Counsel forthe Respondents: Gp FOR REVENUE The Court made the following: ORDER a, HON'BLE SRI .IUSTICE C,V.BHASKAR REDDY WRIT PETITION No.11969 ot2o25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "...to issue urit order or direction more particularly one in the nature of uit of mandamus declaing thE action of the respondents in trying to interfere tnto the peaceful possession and enjoyment of the plot to the extent oJ 6O sq gards in surueg No 239 situqted at situated in Vinagaknagar BahqdurpallA Dundigat Gandimaisqmma the then Quthbuuapur Mandat Medchal Malkajgii District on th.e ground that lqnd is a Gouernment land euen thnugh tlrc subject land utas regularized uide Proceedtngs No B/ 32/ 2015 d,ated 28 O5 2015 wittnut issuing ang notice foltotuing the due process of laut a"s arbitrary and ittegal and in uiotation of the pinciples of natural justice and also uiolatiue of Article 14, 16 and 30O A of constitution of India consequentlA to direct the respondents not to interfere into the peacefut possession and enjogment of the aboue plot of I he pelitioner..

2. Considered the submissions of the learned counsel for the parties and perused the record It is the case of the petitioner that he is the owner and 3. possessor of house site admeasuring 60 square yards in Survey No.239, situated at Vinayaknagar, Bahadurpally, Dundigal Gandimaisamma Mandal, Medchal-Malkajgiri District ald he constructed a small room in the said plot and residing therein. It is further case of the petitioner that in pursuance of G.O.Ms.No.58, Revenue (Assignment-I) Department, dated 30.12.2014 , he submitted an application dated 25.03.2O15 seeking regularization 2 of the subject land and the respondent No.4 after ctnducting due enquiry, regularized the subject land and issued Asr ignment patta vide ProceedingsNo.Bl32l2015 dated 28.05.2015. T,re grievance of the petitioner is that even though the subject land vvrs regularized, the respondent-authorities, without issuing any noti :e or following due process of law, are trying to evict him alteging tt at the subject land is Government land. Hence, the present writ peti _ion.

4. The learned Assistant Government pleader for Revenue appearing for thc respondents has submitted that tal., ing advantage of regularization of the land admeasuring 60 sq.\ ds in Survey No.239, the petitioner is trying to encroach the adjacent Government land and the said action was res sted by the respondent-authorities.

5. In view of the above submissions, this Co rrt deems it appropriate to dispose of the writ petition by Cirecting the respondent authorities not to interfere with the posr ession of the petitioner property admeasuring 60 square yards in S rrvey No.239, situated at Vinayaknagar, Bahadurpally, Dundigal Gandimaisamma Mandal, Medchal-Malkajgiri Distric:, which was regularized vide Proceedings No.B/32/2015 dated 28.0S.2015, except in accordance with law. However, if the petition:r is found to be in unauthorized occupation of any area beyond tht extent of 60 I i I I l J square yards that was regularized, it is open to the respondent authorities to initiate appropriate proceedings for removal of such encroachment, by following due process of law.

6. Accordingly, this Writ Petition is disposed of. No order as to As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/. P.Ch. NAGABHUSHAMBA DEPUW REGI //TRUE COPY' To,

1. The Principal Secretary, Revenue Department, S State of Telangana. SECTION OFFICER riat, Hyderabad, The

2. The District Collector, Medchal Malkajigiri Dist' 3. The Revenue DiVisional officer, tr/alkajigiri diViSion. Medchal Malkajigiri Dist. 4.TheTahasildar,DundigalGandimaisammaMandalMedchalMalakajigiriDist 5. One CC to SRl. GUDI IUADHUSUDHAN REDDY Advocate [OPUC] 6. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana' louTl

7. Two CD CoPies DD GJP HIGH COURT DATED:2810412025 ORDER WP.No.11969 of 2025 :---\ 1t\r. S ,,1 3 o a, :\ 't ") 11 irN 2025 \ i + o t) t t) l s|), ra r. DISPOSING OF THE WRIT PETITION WITHOUT COSTS N-- Ip