High Court · 2025

PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any Writ, order or direction more especially one in the nature of .#.v "ituater No.B/233 4tzo1Z, at rhimmapur"--iut"'t"nt ,u",rr,ng the lmpugned proceedings Writ of Mandamus r Dt.o6_04_2018 o, ,n" 12-04-2o1Bwne,"oy ;':J;":ilj:1":"I;:;, the petitioners by npno on tvrctton of the Petitioners from their Existing open Lan,J bearino ; ;:;:.':'_ H No 33-5-276 to an of 2390 66 Sq' Yards in sy-No.287r84/r Khila warangal Mandal' warangar urban orstricr House PropertY including compound wart wirnoutt the Notice, Dt.09-0:r-201 enquiry pursuant to the 4th Respondent con siderins th" E*p rr""l:H" :::";:r.r:..,,T:r:l subm itted on zz_oz. zo t J and serving the lmpugned order of Eviction ,r,i"n", arbitrary, un constiiutio3 or Naturar .rustice ano consequenry on .",,,rn'1.?J"o ;t#r[:Jincipres rroceedings No.8/2334/2017, Dt.06-04_2018 of tht> 4th *".^^.^^^.,^:"r,,:, after illegal o"n.,orition lfuli' 'n" recourse to law by lB U/s 7 or e p L'na r;;:"'"'anv "on'tt J :,:fi : T; :i: ii' ;,T:=i*#: r'l;: r[ ;: I i*:;i,:ffi ;; demolished House r)ropertyproperty bearing No.33-5-276 to an extent of 2390'66 Sq yards in sy.No.2g7rB4r1 situated at rhimmapurani Haveri, Hanamkonda fi/andai rrow in Kira warangar Mandar, warangar Urban District. IA NO: 1 oF 2018 Petition under S ection 1 5'1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proce.dings pursuant to the orders of the 4th Respondent in Proceedings No.B/233,u2017, Dt.o6-04-20'1 8 served on the petitioners by RpAD on 12-04-2018 incrucring Eviction of the petitioners from their peacefur Possession and Enjoyment of the Existing open Land incruding demorished House property beari.g No 33-5-276 to an extent of 23g0.66 Sq. yards in Sy-No.287lB4l1 situatec at rhimmapuram Haveri, Hanamkonda Mandar now in Kira warangar Mandar, warangat Urban District pending disposar of the above writ petition. lA NO: 1 oF 2025 ,/ Between: -W"'ngal - .rnoana., Rep. by its principal Secretary, Revenue t *?,;H:,, 3r".]""tr#i,*f Hvo"i,o''o Urban District (Formerly Warangal District) 2. The District Corf""to'' ;'' wu'ungut Urban' waransar Urban District t a The Tahsildar' Khilawarangal Mandal' Warangal Urban District (Formerly H"","T"1Y;[,y;,,:,'Hig]i;3, Warangal District) ....ET.TIONERS AND ,1 ,ijlfi il"?:[g?ISES;,iJ3RX?]?:'rnfl ?.hl'-?'r,11'.'""#3t'???3$'nifi 33' yjlil,:i#do[?t;"?1";ffi 2 ioi,,,]33,ts,?s"J,:,'n?3l?,l'o'ft s'iii'l'"J:; District 3"i J ;;. i<;il']P;lrY' HYd erabad ':fl,3i.Tlr''€9[1'rT;SiR)?:["%i'Taosf;:'*:H3!'t3:i";"':'[FiB -XijiF?"?v*Jlf H:#l'-;l""tll!"5fti;olnf; 'l:ffiffi ryr'u*.:"t*',1',R",:illa'.ff $:iqL"]x1'x1flTttJ:r .X,"J,ll,-f,f, ['AfrEd]:SlL'lZ:^t:";rt%:8,l"-""ffi .fr"31,[X1l?,,%"JPtiJ"%"]' i"""rl??[3.l?ii: HYderabad' "'RESP.NDENT' 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 vacate the interim orders 13 04 2018 in lA No l of 2018 in WP No 13090 of 2018 and dismiss the Writ Petition' Counsel for the Petitioners: SRI C'HARI PREETH Counsel for the Respondents: Mrs' S'SRAVANTHI' AGP FOR REVENUE The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH wRIT PETITIONNo. 13(}9Oof2o18 ORDER:

1. This; Writ petition is filed questior_ring the impugned proceedin,gs issued by the respondent No.4 in Proc.No.B/2334/20lZ, dared 06.O4.2!Ot8 clirecting the Additional Girdawar and Mandal Surveyor of Khilawarangal Mandal and the Village Revenue Officer of Thimmapur to evict petitroners lrom the open land admeasuring to an extent of 2390.66 Sq.yards in Sy.No.2g Z /84/ 1, situated at Thimmapuram Haveli, Khilawaralgal Mandal, Warangal Urban Disr_rict and sought to set aside the impugned eviction proceedings. 2 Heard Sri C.Hari preeth, learned Counsel for the petitioners and Mrs. S.Sravanthi, learned Assistant Government Pleader for Revenue appearing for the respondents, a The learned Counsel for the petitioners would submit that the petitioners are owners and possessors of 2 SK,J 33-5-276, with open land of 2390'66 Sq'Yards' in Haveli, existing house bearing No admeasuring to arr extent situated al Sy.No'287/94l 1' Hanmakonda Mandal, now 1n Warangal Urban District (herernafter referred to as 'subject is within the proPertY')' The entrre subject Property ThimmaPuram Khilawarangal Mandal, comPound wall' The learned Counsel for the petitioners would 4. further submit that originally the subject property belongs to one Singarapu Komuraiah' who was the Pattadar of the said property, from whorn the Vendors of the petitioners purchased the same vide registered document dated 29.12.1986. Thereafter the vend'or No'2 of the petitioners constructed a sma-ll house in the said property and the Gram Panchayath has also given House numbers to the said property as H'No'5-9tll (Oldl' 5-276 (old) with new House No.33-5-276. Out of the total extent of Ac'O'20 guntas of land an extent of 31. 1 1 Sq'Yards of land was effected under road widening and as such the existing 1]ffi 3 s.lJ e Subse extent of land 1S 2390 Sq.yards. The petitioners have acquired the No.636Z /2013 Vendors of the said Property vide AGpA and %2O/2014 petitioners have vide document since then the While it being so, dt.19.o4.2O14. with the possession purchased th

10.o7.2013 quently, the subject property No.6ZZ4 /2016 dated 27.05.2016 and petitioners art: tn possession of the same. when the respondents tried to interfere of the subject Property the petitioners approached this Court and filed Wp No.417g0 of 2076 and the said writ petition was disposed of on Ol.t2.2OlT directing the respondent Nos.2 to 4 therein to follow due process of law before taking any coercive steps to dispossess the petitioners from the subject lands. Thereafter, the respondent No.4 issued proceedings No.B/233a/2OI8_2 dated 09.O2.2OI8 under Section Z of the Land Encroachment Act, 19O8. In response thereto, the petitioners have submitted their explanation along with the felevant d'ocuments ot 22'02'2018' ln spite of sub*ittrng 4 S(,J all the relevant docurnents, the respondents w'ithout considering the sarne, issued impugned Notice No.B / 233a / 20 17 dated 06.04. 20 1 8 directing the Adclitonal Girdawar, Mandal Surveyor of Khilav.zarangal and Village Revenue Officer, Thimmapur to evict the petitioners from the subject proPertY.

5. The learned Counsel for the petitioners further submits tha.t in the impugned Proceedings dated 06'04'20 18 there is no reference that the petitioners were called for any enquiry before passing the impugned orders' Further, only basing on the report of )4andal Surveyor, cited as reference No.1, which was conducted behind back of the petitioners ancl also as per the instructions of the District Collector, cited as reference No.3, passed impugned orders' The respondents wants to protect the Government land, they have to conduct survey in the presence of the petitioners and if the petitioners found to be encrcached any Govermnet lanci, the respondents have to take appropriate action as per law. r-tffi ..;.'.. 5 SK,J

6. The learned Counsel for the petitioners would further submit that at the time of purchasing the subject property, upon the application made by the petitioners, the Mandal Surveyor also conducted survey vide File No.F/3664/ 2OL4 in the year 2Ol4 and boundaries were fixed ald contrary to the same the respondent No.4 issued impugned Notice and requested to set aside the sarne. 7 On the other hand the learned Assistant Government Pleader for Revenue basing on the counter filed bv the respondenr No.4 would submit that the respondent No.4 by followirLg due procedure.as contemplated under Land Encroachment Act rightly issued the eviction notice and the Mand,al Surveyor, Khilawarangal have conducted demarcation for the shikam lald in Sy.No.241, Bestham Cher-vu, situated at Thimmapur Haveli Village and submitted report and location sketch on 06.01.201g to the respondent No.4 stating tlat there are illegal rencroachme.nts in the said Chervu sikham ald basing on the said report, the respondent No.4 issued Eviction Notice 6 sKJ No.B/233al2017 dated 09'02'2O18 to tkre petitioners for encroaching the land in Sy'No'241- to an extent of Ac'0'15 guntas including ten others' to safe guard the Government property arrd without availing the remedY of appeal the petitioners filed the present v;r'it petition and there are no merits and requested to dismiss the writ petition' both sides and on Perusrng the record, After hearmg

8. this Court is cf the const dered view that the petitioners are questioning the impugned evicti'on notice No'9 12334 l2Ol7 dated O6'04'2018 issued by the respondent No'4 on the ground. that without conlidering the documents filed by them in support of their claim and also earlier survey report No.F/3664/2014' The respondents have passed impugned orders basing on the report of the Mandai SurweyorasthepetitionershaveencroachedGovernment land to an extent of Ac'0'15 guntas in Sy'No'24 l' which is adjacent to the lands of the petitioners' 1 ta. I I I I I 7 s&;J 9 A Mandal Surveyor, Perusal of the rmpugned order passed by the resPondent No.4 would show that without giving any finding urith regard to the documents filed by the petitioners, only basing on the report of Maldal Surveyor, passed im,cugned order The respondents have not fiIed any docurrrent with regard to survey conducted by the but in their counter the respondents have stated that th e Mandal Surveyor conducted sur-vey on 06.01.2018. Furrher, there is no mention that before conducting ;he survey any notices were issued tc the petitioners cr. not and without lssurng any notices to the petitioners the respondents l:ave conducted suruey behind ancl back of tire petitioners. In view of the same, the survey conducted by the Ma,dar surveyor on 06.01.201g cannot be taken into account. If the respondents wants to conduct any survey th,:v have to issue notices to the petitioners as well as the neighboring land owners. In view of the same, the impugned order passed by the respondents is liabre to I be set aside. SK,J In view of the above finding' this writ petition is 10. disposed of by setting aside impugned ord'er passed by the respondent No.4 in No'B/233a/2017 dated 06'04'2018 If the respondents wants to conduct any survey they havc to issue notices to the petitioners as well as the neighboring land owners of the subject property and conduct survey in theirpresenceandafterconductingsrrchsrrrvey,the respondent authorities are directed to pass appropriate orders as per law. If the petitioners are found to be encroachers of Government land' ' the respondents are at liberty to pass appropriate ord'ers for eviction of the encroachers

11. Miscellaneous applications pending' if any' this Writ Petition, sh41 stand cl-o-s,qd. - 1n //TRUE COPY// A Xf'?f*"HEbt'[HiH SECTTON OFFTCER e cretariat, HYderabad, State To, 1 The Principal Secretary' Revenue Department' of Telangana'

2. The District co*ector, warangal Urban District (Formerry warangal District) 3. The Revenue Divisional Officer' Warangal Urban' Warangal Urban District' " ifbrmertY Warangal District)

4. The Tahsildar, Khilawarangal Mandal' Warangal Urban District (Formerly Warangal District)

5. One CC to SRI C HARI PREETH' Advocate [OPUCI 6 Two CCs to GP FoR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

7. Two CD CoPies BSR HIGH COURT DATED:06 tOBt2O2S --::-- :: :a__:- -. /..,..,. . t,, .,,,i1.,_ (n 22 sr P zIE (: .ri ; i.,' ORDER WP.No.13090 of 2O1B f D ,tl),, ii r,'.J DISPOSING OF THE WRIT PETITION, WITHOUT COSTS LI