✦ High Court of India · 28 Apr 2025

High Court · 2025

Case Details High Court of India · 28 Apr 2025
Court
High Court of India
Decided
28 Apr 2025
Bench
Not available
Length
1,169 words

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 residential plots of the petitioners covere3d by rooms in survey No. 131, extent 8o sq. yds each situated in .s1 Bahadurpally Village, Dundigal Gundimaisamma tv'landal Medchal Malkajgiri District on the ground that land is a government land eve r though the subject lands were regularized in the fear 201 5 vide proceeding s No B/32l1 5 dated 29.3.2015 under GO Ms No 58 Revenue (assn I ) Departm,)nt daled 30.12.2014 without issuing z ny 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 300A of constitution of lndia consequently to direct tl e respondents not to interfere into the peaeceful possession and enjoyment of :he above structures covered in survey No. 131 situated in Bahadurpall'., Village, Dundigal Gundimaisamma Mandal, Medchal Malkajgiri District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the cir;umstances stated in the affidavit filed in support of the petition, the High Court ma,r be pleased to direct the respondents 2 to 4 not. interfere into the peaceful possession and enjoyment of the residential plots of the petitroners covered by roomr, in survey No. .131, extent 80 sq. yds each situated in Bahadurpally Village, Dund gal Gundimaisamma Mandal, Medchal tVlalkajgiri District. Counsel for the Petitioners:SRl. GUDI MADHUSUDHAN REI)DY Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER i I i L i: I t TION'BLE SRI .'USTICE C.V.BHASKAR REDDY WRIT PETITION No.11794 of 2O25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is hled seeking the following relief: "...to issue wit order or direction more particularlg one in the nature of wit of mandamus declaing the action of the respondents in trying to interfere into tLrc peaceful possession ond enioAment of the residentiol ploti of the petitioners couered by rooms in surueg No 131 extent 8O sq -gds each situated in BahadurpaLtg Village Dundigal, Gundimaisamma -Mandal Medchal Matkaigii Dtstict on the ground that lqnd is a gouerrlment land euen though the subject tands utere reguloized in the jear 2O15 uide proceeclings No.B/32/ 15 dated 29.03.2015 under GO Ms -No.58 Reuenui Assn I Department dated 30 12.2014 utithout issuing ang notice follottting the due process of law os arbitrary and illegat and in-uiotation of tlrc prtnciples of natural justice and also vtolatiue of Atticle 14, 16 and 3OOA of constitution of India conseqtentlg to direct tle respondents not to interfere into the peaceful possession and enjogmetlt of tte aboue structures covered in surueg No'131 situated in Bahadurpattg Viltage Dundigal Gundimaisamma Mandol Medchal M atkaj giri Dist rict.. " Considercd the submissions of the learned counsel for the 2 parties and perused the record' It is the case of the petitioners that they are owners and

3. possessors of house sites admeasuring 80 square yards each, in Survey No.131, situatecl at Bahadurpally, Dundigal Gandimaisamma Mandal, Medchal-Malkajgiri District and they constructed rooms in the said plots and residing therein' It is further case of the petitioners that in pursuance of G'O'Ms'No'58, Revenue (Assignment-I) Department, dated 30 '12 '2OI4 , they submitted applications seeking regularization of the subject lands 2 and Lhe respondent No.4 after conducting due enqui y, regularized the subject lands and issued Assignment Pattas vice Proceedings No.Bl32/2015 dated 29.Oa.2OI5. The grievance of th,: petitioners is that even though the subject lands were reg ularized, the respondent-authorities, without issuing any notice or following due process of law, are trying to evict them alleging th rt the subject lands are Government lands. Hence, the present writ retition.

4. The learned Assistant Government Pleacier for Revenue appearing for the respondents has submitted that tal. ing advantage of regularization of the lands admeasuring 8O sq.yds ( ach in Survey No.131, the petitioners are trying to encroach the adjacent Government land and the said action was res isted by the respondent-authorities.

5. In view of the above submissions, this Cc urt deems it appropriate to dispose of the writ petition by directing the responclent authorities not to interfere with the pos;ession of the petitioners properties admeasuring 80 square yards e ach in Survey No. 13 I , situated at Bahadurpaliy, Dundigal Ga ndimaisamma Mandal, Medchal-Malkajgiri District, which were re 4ularized vide Proceedings No.B/3212015 dated 29.O8.2015, except in accordance with law. However, if the petitioners are found to be in illegal occupation of any area beyond the extent of 80 squi Lre yards that 3 was regularized, it is open to the respondent authorities to initiate appropriate proceedings for removal of such encroachments, by following due process of law. 6 Accordingly, this Writ Petition is disposed of No order as to COSTS As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/.A.SRINIV AS REDDY TSTANT RE GISTRAR i //TRUE COPY// sECnoN oFFICER To,

2. J.

4. q 6 The Principal Secretary' Revenue Department' S retariat, HYderabad'The State of Telangana The District Collector' Medchal Malkajigiri Dist' The Revenue Divisional Officer' Malkaiigiri division' Medchal Malkaiigiri Dist The Tahasitdar' Dundigal Gandimaisamma Medchal Malakaiigiri Dist , One CC to SRI GUDI MADHUSUDHAN . Two CCs to GP FOR REVENUE 'High REDDY Advocate IOPUCI Court for the State of Telangana'

7. Two CD CoPies DD/BSK HIGH GOURT DATED:2810412025 ( 'j ) IJ rtl E s 'A rf. 13 JUt M z a t D E5 rr 6. I gYt(; o ORDER WP.No.11794 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS () \ N)1 I I I I i

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