V. Sunil Reddv, S/o v. Gopal Reddv, Aged

Petition un ier ljection .151 CPC praying that in the crrcuntstances stated in the affrdavit fil€ d i1 support of the petition, the High Court ma,/ be pleased to DIRECT the Res ponJent not to interfere with the peaceful possession and enjoyment of the property of the Petitioner H.No. 8-2-68612152 ir Plot No, 52 in Sy.No.10213, RoaJ Nc,.'12, Banlara Hills, Hyderabad in any manner whatsoever. lA NO: 2 OF 2024 Petition unrler {iection 151 CPC praying that in the circunstances stated in the affidavit filed in support of the petition, the High Court may,be pleased to DIRECT the Respondr:nts to permit Petitioner to protect the prop()rty by carrying out the repairs wcrks ,tf the compound wall of H.No. B-2-686t2t52 in Plot No, 52 in Sy No 10213, Road lrlo.12, Banjara Hills, Hyderabad. Counsel for the Petitioner: SRI M.V.B.S.NARASIMHA ANUDEEp COUNSEI fOr thE Rrlspc,ndents: SRI L.RAVINDER, AGP FOR REVENUE The Court made ttre following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.12823 of2024 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is ltled seeking the foliowing relief: ". . ..to issue a Wit, Order or Direction more particularlA one in the nature of a WRIT OF MANDAMUS declaing the action of the Respondent in iemolishing the part oJ the property of the Petitioner herein sihtating in H.No.8 2-686/ 2/ 52 in Plot No.52 in SA.No.102/ 3, Road No'12 Banjara Hill.s Hgderabad as arbitrdry itlegot without jurisdiction unjust capricious high hinded mala fide uiolatiue of Articles 14, 21 arul gtarafttA under SOOa o7 tle Constitution of India apart from being violation of the Pinciplbs of Natural Justice and fair plag and tLte orders of this Hon'ble Coui passed.lrom time to time including the order dated 0l 'O7 2OO8 in wP N;.13909 of 2O08 and. the order dated 13.12.2023 passed tn WP No.13909 of 2008 and consequenttA direct the Respondent not to interfere u.,iih the peaceful possession and enjoyment of the PropertA of H.io.8-2-686/ 2/ 52 in Ptot No.52 in SA'N1 1O2/3' Road No.12 Bonjara Hills, Hyderabad in anA manner u)hatsoeuer" -" -Petitioner

2. Considered the submissions of the learned counsel for the petitioner; Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents and perused the record'

3. It is stated that one Mr. Syed Ahmed Nooruddin was assigned land to an extent of Acs.28-27 guntas in Sy'Nos' 1O213 and IO2l 4 11 situated at Hakimpet Village uide notification, dated 16.11.1950 and his name was mutated in the revenue records i'e'' Jamabandi year of 1957 by implementing the same in the supplementary sethwar. It is further stated that in pursuance of G.O.Ms.No.SO4, dated 03.06.1965, the Board of Revenue addressed I i t 2 a letter to tlre lf istrict collector directing to cancel the assignment made in fav()ur ,lf Syed Ahmed Nooruddin, and in imple mentation of the said letl,:r, the District Collector addressed a .etter uide No.F212126197, dated 14.03.1969 to the Tahsildar drrecting to delete the n tme of Sri Syed Admed Nooruddin from the revenue records. It Ls lirrther stated that questioning the same Sri Syed Admed Nocrr rdclin liled w.p.No.1s2o of rg7o before r-his rlourt and the said writ pcrition was allowed uid.e order, dated.24.1. 1.197 1; and in spite of hi: said order, when the Government canr:elled the assignment roaclr in favour of Sri Syed Admed Noorr.rddin, he filed w.P.No.3626 of 976 before this court and the said u,r.t petition was allowerl uide order, dated 21.12.1972; and subseqt.ently the said lands.r: di,uided into house plots and sold to the mt:mbers of the Yamun:r Nagrtr Cooperative Housing Society in the yr:ar 1979. The case of th r: pctitioner is that he purchased plc,t No.52, admeasuring 1O00 square yards in Sy.No. 102/3, under registered sale deed berLrinl; document No.3OOO of 1979, dated 09t. 1l.1g7g and he is in enjoyment of the said propert5r as absolute owner. It is further casr: of r he petitioner that the State has hled a Land Grabbing ci.rs = uide L.G.c.No. rg7 of 1997 before the Special court under the ,{ndhra pradesh Land Grabbing (prohibition ) Act at Hyderabad, allainr;t him and other plot owners, and the silme was dismissed uidt, orcler dat.ed 2g.O2.2011; and aggrieved by rhe same, 3 the State has preferred W.P.No.25763 of 2OO7 before this Court and the said writ petition was dismisse d. uide order dated 06.04.2005; and the same was challenged uide SLP No.8872 of 20O5 before the Honble Supreme Court and the said SLP was dismissed uide order dated 30.09.2005, and the litigation attained finality" The grievance of the petitioner is that despite the said orders, disputing the nature and classification of the said lands, the respondent authorities are frequently interfering with his possession and causing inconvenience to his enjoyment over the subject property. t In view of the above, this Court deems it appropriate to 4. dispose of this writ petition directing the respondents not to interfere with the peaceful possession of the petitioner over the subject lands in any manner, except by following the guidelines issued by the Hon'ble Supreme Court in Re: Directions in the matter of demolition of structuresl and Rajendra Kumar Bcrrjcrt1a And Another vs. tI.P. Auas Ettam Vikas Parishad and others2. Further, if the respondents are having any claim over the said lands, they are directed to follow the due procedure for resuming the lands into their custody.

5. With the above observations, this Writ Petition is disposed of' No order as to costs. ' 2024 SCC Onl-ine SC i29l 2 Civil Appeal No. 14604 o12024 dated 17.122024 ,] \ 4 As a strquel, the miscellaneous petitions pending, if any, shaii stand closed //TRUE COPY// SD/.P, PADMANABHA RE DEPUTY REGI R SECTION OFFICER 1 The Prrnc ipa Secretary, Revenue Department Secrel.ariat Buildings, Hyderabad State of Telangana. To,

2. f he Distlcl Coltector, Hyderabad District, Nampally, Hyderab,ad. 3. The Reven re [Jivisional Officer, Shaikpet Mandal, Hyderabad 4. The [VlandalRevenue Officer, Shaikpet Mandal, Hyderabad 5. One CC to SRI ,\4.V B S.NARASIMHA ANUDEEp, Advocate tlpucl 6. Two CCs t I GF, FOR REVENUE, High Court for the State of Telangana at Hyderabad [Otl'l] \

7. Two CD ()o cies BSR BS $ HIGH COURT DATED: 06102t2025 ORDER WP.No.128213 of 2024 L q J C 1 6E s r,'1r ;' 1l rPfl 7ll?lr * t) Fs D: -l v .., {.. ,/ DISPOSING OT] THE WRIT PETITION, WITHOUT COSTS Grt,T.4 16