Munqi Swapna v. Department, Telangana Secretariat, Hyderabad

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 Mandamus to declare the action of the Respondents No.3 and more particularly their staff, in threaten, interfere and dispossess the writ petitioner on 19.04.2025' to help the big software companies, as the houses looking inconvenience to lT HUB with the writ petitioner's House bearing No.10-1/1 17lA/1' admeasuring 250 sq. yards., situated at Kokapet Village, Gandipet Mandal, Ranga Reddy District' without issuing any notices and following due process of law, also in spite of showing the registered gift settlement deeds and property tax receipts, as illegal, arbitrary, against the principles of natural justice and unconstitutional and consequentially direct. the Respondent No.3 and their staff not to threaten, disturb, interfere with the writ petitioner's Houses bearing No.10-1h17lAh' admeasuring 250 sq. yards., situated at Kokapet Village, Gandipet Mandal, Ranga Reddy District, following due process of law lA NO: 1 OF 202s Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to pass interim directions on the Respondent No.3 and their staff not to threaten, disturb, interfere with the writ petitioner's House No.10-1 l117lAl 1, admeasuring 250 sq. yards., situated at Kokapet Village, Gandipet lllandal, Ranga Reddy District, without following due process of law, till the disposal of the main writ petition Counsel for the Petitioner: SRl. MEKALA SANTOSH KUMAR Counsel forthe Respondents: AGP FOR REVENUE The Court made the following: ORDER I i I i i I I i I i I I t HON'BLE SRI JUSTICD C,V.BHASKAR REDDY WRIT PETITION No.13929 of2O25 ORDER: This writ perition is filed under ArLicle 226 of the Constitution of India sceking for following relief: "...to issue a wit order or direction more pafttcularlg one in the nature of Mandantus to declore tlLe action of th,e Respondents No.3 and more particularly their stafl it7 thteaten. interfere and dispossess th.e urit petittoner on 19.04.2O25, to help the big software conrptanies as the ftorrses looking inconuenietce to IT HUB wtth the uit petihoners House bearing No.lO. l/t17/A/1, adtneasuring 2SO sq. gards, sttuated qt Kokapet Village, Gandipet Mand.al, Raiga Reddy Distict, tuithout issuing ang notices and following due prociss of lai also ttr splte of showittg the registered gift settlement deeds and propeftg tax recetpts as ilLegal, erbttrarA, against th,e principles of nqtural lustice and unconstrtuttonal and consequentiallg direct the Respondent No.3 qnd their staff not to threaten, disturb, interkre tttith the util petittoners lTouses beoing No.jO-1/ 117/A/ I adnwasuring 250 sq. gard,s, situated ot Kokapet V lage. Gandipet MandaL Ranga Reddg Dtstrict foltoruing due process of laut and be pleased to pass.."

2. Considered the submissions of thc learned counsel for the petitioners and learned Assistant Govcrnment pleader for Revenue appearing for the respondents and with their consent this writ petition is being disposed of at the admission stage.

3. It is stated that the petitioner,s husband was owner and possessor of Gramakantam LIousc bearing No.10-1/ll7lAl 1, admeasuring 25O sq. yards, situatc<l at Kokapet Village, Gandipet Mandal, Ranga Reddy District, having acquired the same as ancestral property. It is further stated that petitioncr,s husband I I I i I I I I ;l 2 CVBR, J wp 13929_2025 has executed a rcgistered gift deed bearing No 1234212021, dated O3.Og .2021, in favour of thc petitioner. The grievancr: of the petitioner is that even though she is in possession o[ thc subject property slnce rnore than 3 decades and constructed a house therein and thc same is also assessed for property tali, some of the persons, claiming to be the revenue staff of respondent No'3 office' are trying to threaten and dispossess her from the subject property. Hencc, the present writ petition. [rarned Assistant Government Pleader lbr Revcnue 4. appearing for tlte respondents, on instructions, woulcl submit that the entire lan<l in Sy.No. 100 and 109 of I(okapct Village is the government land and the said land is forming part of open plots and the petitioner, under the guise of constructing house adjaLccnt to the goverrlmen t 1and, is making efforls to ent:roach thc government land and in fact, the petitioner's housc is only a small extent of arca and relying upon the gift deed said to have been executed by hcr husband, she is making efforts to encroach 250 sq. yards of land forming part of Sy.No.100 and 109 of Kokapet Village.

5. Pima.facie, it appears from the documents enclosed in support of the writ petition that the petitioner is in possession of a small dwelling unit. However, if the subject property is recorded as -na tl .{,"-:Bf I I I i J CVBR, J wp_13929_2025 government land in any revenue records, Lhe respondents are entitled to initiate appropriate action, strictly following the guidelines issued by the Hon,bte Apex Court in Re: Directions in the mdtter oJ d.emolition o.f structuresr and RaTen d.ra Kumq.r Barjatga And Another us. U.p. Auas Euam Vikas portshrrd q.nd I others2.

6. In view of the above, this Court deems it appropriate to dispose of this Writ petition directing the respondent authorities to strictly follow the directions issucd by the Hon,ble Apex Court in the above referred cases by issuing notice to the petitioner cailing lor explanation, before initiating any action for removal of the existing structures and after conside ring the documents placed by the petitioner, pass appropriate reasoned order in accordance with Iaw. Till passing of such orders, the respondents are directed not to take any coercive action over the subject property of the petitioner, ln any mannet- Further, the petitioner is also directed not to change or alter the existing house or the abutting land in any manner. 7 With the above observations, this Writ petition is disposed of There shall be no order as to costs I 2024 SCC Online sc 329 t 2 Civil Appeal No. 14604 of 2024 dated |j.12.2024 4 CVBI{. J wp _13929 2025 As a sequel, the miscellaneous petitions pending, if any' shall stand closed 2024 SCC Online SC 3291 2 Civil Appeal No. 14604 of 2024 daled 17 .12.2024 //TRUE COPY// SD/. L. VIJAYA LAXMI TANT REGISTRAR \SECTION OFFICER To, 1 2 4 5 6 The Pi'incipal Secretary, Revenue Department, Telangana Secretariat, T.S.,Hyderabad. The District Collector, Ranga Reddy District. The Tahasildhar, Gandipet Mandal, Ranga Reddy District. One CC to SRl. MEKALA SANTOSH KUMAR, Advocate [OPUC] Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hyderabad [OUT] Two CD Copi-.s BM SJP I, HIGH COURT DATED:01 10512025 ORDER WP.No.13929 of 2025 () CJ )- * iHE S ( 11 Jl]L 2M * -::1:- - DISPOSING OF THE WRIT PETITION WITHOUT COSTS A ,r(