High Court · 2025

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 the writ of mandamus as the action of the 3rd respondent in .....RESPONDENTS dispossessing thr: ,retitioners from bearing H. No. 2-i g-106/1s,'part, in the Sy. No.7B9/1 to the ,:xtnnt of '120 sq yards each with totar exte rt ,)f 720 sq.yards situated at Uppa Khalsa, Uppal Mandal, Medchal Malkajgir f)istrict, is illegal arbitrary and unccnstitutional and without any notice to the petitioner, as such, consequentialry cirr:Ct the respondents not to interfere ther :or;session of the petitioners in resf,erl of houses bearing H.No.2-.lg-.106 llElpitr. situated at Uppal Khalsa, Uppal Martlal, tt/edchal [Valkajgiri District. |.A.NO:1 OF 2025 Petition Unde'section 151 cpc praying that in the circurnsr.ances stated in the affidavit filed in ;upport of the petition, the High court nray, be preased to direct the responlents not to dispose the petitioners from tre house bearing H,No.2-19-'106i 1 5.,prar1, in the Sy. No.7B9l1 to the extent of 120 sq yards each with total extent of 7 j20 sq.yards situated at Uppal Khalsa, Upp,a IV andal, Medchal Malkajgiri Distr ct 6re rCing disposal of the above writ petition. counsel for the Pr:titioners : SRr KAMBALAPALLT SRAVAN KTJMAR REDDY Counsel for the Respondents : AGp FOR REVENUE The Court made the following ORDER f { HON'BLE SRI JUSTICE C.V. BHASKAR REDDY UIRIT PETITION No.14435 of2o25 ORDER: I I Learned counsel for the petitioner fairly submits that the controversy involved in this writ petition is squarely covered by an order dated 17.O4.2O25 passed by this Court in W'P'No 11844 of

2. Learned Government Pleader for Revenue appearing for the respondents has not disputed the said fact' 3 The operative portion of the order dated 17 'O4'2O25 passed in W.P.No. 1 1-844 of 2O25 reads as under: "5- In view of the above, this Writ Petition is disposed of by directing the respondent authorities not to demolish any stn.rctures existing in the land admeasuring 12O square yards, Ior which House site/D- Form Patta is granted in favour of petitioner' lf any constructions are found over and above the extent for which the House Site/D-Form patta is granted, the respondent authorities shatt follow due procedure for removal of such encroachments, in accordance with law."

4.Inviewofaforesaidsubmissionsandforthereasonsassigned by this Court in the order d'ated 17.04'2O25 passed in Writ Petition 2 CVBR, J W.P.N,t.1 1435 of 2025 :,, No.11844 of .21)25, this Writ Petition is disposed of on rjame terms and with sirr: :.lit r directions. Misce llirncous applications, if any pending, shzrl sland closed. Therc slti:l I ( ll(, order as to costs. //TRUE COPY// Sd/- MOHD, ISMAIL r,F EPurY REGI_S-IB4-B:1 SEC;;TION OFFICER To 1- The Princical Secretary, Revenue Departmen(.; Sr:crelariat. State of Telangara at -lYderabad-

2. The Coilector, [i,4edchal Malkajgiri District, Telangana. 3. The Tashildar Uppal Mandal, Ir4edchal tt/lalkajgiri District, Teli:ngana. 4. Two CCs to 3 P for Revenue, High Court for the Stat -' rrf Telangana at Hyderabad. [C)UT]

5. One CC t: llRl KAMBALAPALLI SRAVAN KUMAR Ri:DDY, Advocate loPUCl

6. Two CD Copir;s (Along with a c(rpy of the order dated 17.4.2025 in WP.No. 111:i44 of 2025 to this order) SA N/P f'^(- i .:, { HIGH COURT ( DATED:0210512025 ? E s-rr 1 :\ e a" : 2"i E; il ORDER WP.No.1443,5 of 2025 I I I I i I I I I i I I i I I 1 DISPOSING OF THE W.P WITHOUT C.OSTS. fr4q, >l lslx THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY IIIRIT PETITION No.11844 OF 2025 ORDER: This writ petition is filed seeking to deqlare the action of respondent No.3 in demolishing the compound wall consisting of gate and two rooms in the land admeasuring 1680 square yards bearing H.No.2-19-10617, 2-19-17 / 15, in Sy.No.789l 1, situated at Uppal Khalsa, Uppal Mandal, Medchal-Malkajgiri District, as arbitrary, illegal and against the principles of natural justice and for other appropriate reliefs.

2. The case of the petitioner is that he was assigned House Site/D-Form patta vide proceedings No.B2 /2725 /83, dated

20.04.1983 to an extent of 120 square yards in Sy.No.789/ 1, situated at Uppal Village, and thereafter, he has constructed tin shed house and residing therein. The grievance of the petitioner is that without issuing any notice, respondent No.3 has demolished the compound wall consisting of the gate and two rooms to the total extent of 1680 square yards bearing H.No.2- 19-10617, 2-19-17 115, in Sy.No.789 ll, situated at Uppal Khalsa, Uppal Mandal, Medchal-Malkajgiri District, which action is illegal, arbitrary and violative of principles of natural justice and therefore, prayed this Court to direct the respondent 2 authoritler; n rt to interfere with the possessrou of J,etltioner in respect olIl'r'.rse bearing Nos.2-19-106 17,2-19 17/ 15. sittLated at Uppr:rl h ha sa, Uppal Mandal, Medchal-Malkzil giri lir trict .

3. F.xcr:p nraking allegations in the afhdavit, th: petitioner has not p rLced any record/material to subs tanl iate his submis sio r t lrat respondents have issued House Site / D-Form pattas in resl)ect of land admeasuring 1680 squa .e yards in Sy.No.789 / r situated at Uppal Khalsa, Uppal IVlanclal, 'vledchal- MalkajgJri I) s,trlct and that Houses bearing Nos.2 19-106/7 , 2- 19-17 / 15. h,r'.e been constructed by following the relev rnt rules issued b1 t h e Government from time to time. Th: c1c cuments enclose,l i:r support of the writ petition would rel-cal that the petitioner u ir; granted House Stte/D-Form patta r: rr:spect of land admersu ring 120 sq.yards.

4. LL vrer,., of the above, this Writ Petition is dispos ed of by directing lt: respondent authorities not to denolish any structures i.::isling in the land admeasuring 120 .sqrrat e yards, for whi ch Ilc use Site / D-Form Patta is grar-rted ir l rvour of petition':r Jf lny constructions are found over ancl a )ove the extent for u'lt ch the House Site/D-Form patta rs g;.arted, the I l i i I I 3 respondent authorities shall follow due procedure for removal of such encroachments, in accordance with law.

5. Accordingly, this Writ Petition is dispos6d ol As a sequel, the miscellaneous petitions pending, if any, shall stand closed. No order as to costs. Date: 17.O4.2025 C.V.BHASKAR REDDY, J