High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumgtances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the 5th respondent interfering into the construction activity of the petitioner, open plot in Survey No. 69, admeasuring 280.50 Square yards situated at Miyapur Village, Serilingampally Mandal, under G.H.M.C Serilingampally Circle, Ranga Reddy District without there being any nght is arbitrary, illegal and Violation of Article 14, 300-4 of the Constitution of lndia, consequently direct the 5th respondent not to interfere into the peaceful possession and enjoyment of the petitioner's house plot, without following the due process of law, in the interest of justice. F, F i' h E h|ra h F I F F. &' ! l: ,l .I .{ I * F lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 5rh Respondent not to interfere into the peaceful possession, enjoyment and construction activity of the petitioner's house site,, open plot in Survey No. 69, admeasuring 280 50 Square yards siiuated at t\/iyapur Village, Serilingampally Mandal, under G H.M C Serilingampalty Circle, Ranga Reddy District Counsel for the Petitioner: SRl. Y. L. SIVA KALPANA REDDY Counsel for the Respondent Nos. 1,2,4&5: GP FOR REVENUE counset for the Respondent No.3: sRl G. MADHUSUDHAN REDDy, SC FOR GHMC The Court made the following: ORDER t I I THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY wRIT PETITION No.13128 of 2o25 oRDER: This Writ Petition, under Article 226 of .the Constitption of India, is filed seeking the following relief: . .to issue an appropiate uiL order or direction more ,,.. partiatlarlg one in the nature of a wnt of Mandamus declaring the action of the Sth respondent interfeing into the constntction actiuitA of the petitioner open plot in Surueg No.69, odmeasuring 280.50 Square yards situated at Migapur Villoge Seilingampatlg Mandat under G. H. M. C Seitingampattg Circle, Ranga Reddg Dbtict without there being ang right is arbitrary illegal and Violation of Arttcle 14, 3OOA of the Constitution of lndia consequently direct the Stt' respondent not to interfere into the peaceful possession and enjogment of the petitioners house ptot Luithout follouing the due process of lau-t in the interest of justice."

2. Considered the submissions made by the learned counsel for the parties and with their consent, this writ petition is being disposed of at the admission stage. Learned counsel appearing for the petitioner submitted that

3. the petitioner purchased an open plot in Sy.No.69, admeasuring 28O.5O Sq.Yards situated at Miyapur Village, Serlingampally Mandai under G.H.M.C. Serlingampally Circle, Ranga Reddy District through registered sale deed bearing Doc.No. 10967 of 2021, dated 05.07.2O2I. The plot purchased by the petitioner is part of layout developed by M/s. Samatha Co-operative Housing 2 Society in the land parcel of an extent of Acsd.9.Oo guntas in Sy.No.69, which was purchased from its original Vendors by way of registered Sale Deed uide Doc.No.14463l2OO7 at RO, Ranga Reddy District and the said lands wcre Patta lands and no interest of the govcrnment is involved in the said lands. Lcarned counscl further submitted that the petitioner submitted an application before respondent No.3 for building permission and having verified the same, respondent No.3-G.H.M.C. has granted building permission uide No.3 196 14 / GHMC / 1 5OO4 / 2023, dated 22.08.2023 and the same was accepted and issued TS.bPASS Sclf Certification for the construction of Stilt for parking + 2 Upper floors and thereafter, respondent No.3 issued Revocation Order of building permission uide Proceedings No.319614/GHMCll5OO4l2023, dated

20.O9.2023 on the ground that the site was [alling in the alignment ofa proposed 150 feet road in a master plan. Aggrieved by thc said revocation proceedings, the petitroner preferred a writ petition before this Court uide W.P.No.29O57 of 2023 and upon hearing the counsel and after verification of the material available on record, this Court uide its order dated 17 .1O.2O23 has allon ed the said writ petition by setting aside the revocation proceedings dated

20.O9.2023 passed by respondent No.3. Thereafter, the petrtioner made a fresh application for building permission, duly cnclosing the order dated 17.1O.2O23 in W.P.No.29057 of 2023 and + 3 considering the same, respondent No.3 issued TS-bPASS Building Permit Order uide No.3452 16110999/GHMCl2023, dated

13.1I.2023. The grievance of the petitioner is that despite the same, respondent No.5 is not only interfering with his peaceful possession but also causing obs[ruction for construction activities in the subject land.

4. Learned Assistant Government Pleader for Revenue submitted that subject land of the petitioner is forming part of Sy.No.69 which includes the adjacent government land in Sy.No.69l 1 and the land in Sy.No.69/ 1 is prohibired for alienation and therefore the government interest is involved over the subject land.

5. Considering the submissions made by both the learned counsel, this Court is of the opinion that if the respondents are having any claim over the proper[z in possession of the petitioner for which permission is granted, they are at liberty to take , I appropriate action in accordance with law after following the due procedure. The respondents are not having any power or authority to interfere with the subject property without issuing any notice or without conducting any survey.

6. Therefore, the writ petition is disposed of by directing that if respondent No.5 is having any claim over the property in I I I I III I I i J h I I t F : I 4 possession of the petitioner, respondent No 5 shall conduct sun'ey after issuing notice to the petitioner and in the survey if it is the petitioner is a identified that the land in possession of government land, initiate appropriate action lar,r,, otherwise, if it is revealed that the land purchased by the in acr:orda nce with petitioner is not forming part of the Governmcnt lancl, the respondents are directed not to interfere with thc construction activity of the petitioner. If any constructions are fourld c()ntrary to theBuildingPermi|orcler,theMunicipalCorporaticlnisatlibcrty action strictly in accordarlce with the to take approPriate provisions of G.H.M.C Act, 1955. There shall be no ordel as Lo CoStS.

7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPYII SD/.T. TIRUMALA DEVI REGISTRAR \.DEPYTY SECTION OFFICER \ yderabad retariat, T S , Hyderabad The Principal Secreta ry, Revenue Department, S The Diskict Collector R anga Reddy District, Hyderabad The Dy Commissroner, Greater Hyderabad lvlunicipal Corporation, Chanda nagar Circle 2'1. Hyderabad The Re venue Divisional Officer, Raj endra Nagar Division, Ranga Reddy District, H The Thas ildhar, O/o Mandal Revenue Office Serilingampally Mandal, Ranga Reddy District, Hyderabad One CC to SRI Y. L. S|VA KALPANA RED DY, Advocate [oPUC] Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hyderdba d [ouT] One CC to SRl. G. MADHUSUDHAN R Two CD Copies EDDY, SC FOR GHTVC [OPUC] To, 1 2 3 4 5 b. 7 B o BM BS a.\ ! T { ,t & q r't; $ r F i & H HIGH COURT DATED:2810412025 ORDER WP.No.13128 of 2025 \.t S J+a c 2E ltA.t 20?5 * a' i. .s EO rCts t, 7 a- DISPOSING OF THE WRIT PETITION WITHOUT COSTS 'L 1 6 1 -, _ --d?e--rata!ttttr- t f, N A I I I I I I