Sri Bhavana Rishi Coop. House Building Society LTD v. The Government of Telangana

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 in the nature of Writ of l\/andamus declaring the Procgs. No.8134912025, dl. 15.O4.2025 and the consequential Notice No. 8.34912025, dt. 15.04.2025 issued by the Respondent No.4 as arbitrary, illegal, violative of Article 300 A of the Constitution of lndia and the orders passed by this Honourable Court and consequently direct the Respondents to not to .interfere with the peaceful possession of the petitioner societys property admeasuring Ac. 2.35 Gts. situated in Sy. No.158 of Kapra Mandal, Medchal -Malkajigiri District. 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 Respondents to not to interfere with the possession of the property of the Petitioner Society pending disposal of the present Writ Petition. lA NO: 2 OF 2025 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Procgs. No. 8.134912025, dt. 15.04.2025 and the consequential Notice No. 8.34912025, dl. 15.O4.2025 issued by the Respondent No.4 pending disposal of the present Writ Petition. Counsel for the Petitioner: SRI MAYUR REDDY, Sr. COUNSEL, REP. FOR SRI SAI SUMED YASASWI KONDAPALLI Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.145O1 of 2025 ORDER This u,rit petition is filed seeking to declare the Procs.No.B/349 /2025, dated 15.04.2025 and the consequential Notice uide No.Bl349 12025, dated 15.04.2025 issued by respondent No.4, as illegal, arbitrary and for other appropriate rcliefs-

2. Considered the submissions of the learncd counsel for the respective parties and perused the record

3. It is stated that the petitioner-society is the owner and possessor of the land admeasuring Ac.2.35 gts., and various extents of land in Sy.No.158, situated at Dammaiguda, Kapra Village, Ranga Reddy District, having purchased the same through various registered sale deeds. It is further stated that the revenue authorities have conducted an enquiry and submitted a report stating that part of the land purchased by thc petitioner is forming part of government land ancl reiying upon the said report, when action has been initiated against the petitioner for eviction, the petitioner was constrained to file a wrrt petition uide W.P.No.7432 of 2OO9 on the hle of this Court 2 CVBR. J Wp I.1501 202 5 seeking to conduct survey of the land in Sy.No.15g and fix the boundaries and this Court, uid.e ord,er datecl 09.04.2009 directed the respondents therein to conduct sunev of the lancl in Sy.No.158. In compliance of the said order, the Assistant Director, Survey & Land Records, has conducted survey and submitted a report dated 30.08.2009, wherein, it is stated that the land admeasuring Ac.2.38 gts., on the southcrn sidc of Sy.No.7O1/l is in Sy.No. t58 and piece of the land of the government is in possession of the petitioner societv. Furthcr, even after the survcy, when the respondents arc lrllerfering with the possession of the petitioner over the subject property, the petitioner was constrained to hle a writ petition uicle W.P.No.26892 of 2010 on the file of this Court and this Court, uide order dated 18.O4.2011 directed to conduct survey and demarcation in respect ol Sy.Nos.158 and 710 ancl also to maintain status quo in respect of the said property. In pursuance to the same, tl-re Regional Deputy Director, Survey and Land Records, submitted a report dated 15.11.2O12 and the pctitioner has filed objections to the satd report in W.P.No.26892 of 2O 1O pending before this Court. Howcver, despite the same, the respondent authorities entered upon the subject land of the petitioner and demolished the structures 3 CVI]R, J Wp 14501 2025 thereon, therefore, the petitioner was constrained to file a writ petition uide W.P.No.65L6 of 2025 on the file of this Court and this Court, uide i-ntenm order dated 03.03.2025 directed the respondents Lherein not to interfere with the peacelul possession of the petitioner over the subject property without following due process of law. It is further stated that respondent No.4 has issued a Notice dated 05.03.2025 under section 7 of the 'le langana Land Encroachment Act, 1905 (for short, 'the Act') directing the petitioner society to submit explanation as to why penalty shal1 not be imposed on the petitioner or to evict the petitioner from thc subject land and the petitioner has also subrnitted explanation dated 11.O3.2025. The grievance of the petitioner socicty is that without considering the objections raised by lhem, respondent No.4 has passed impugned Procgs.No.B/349/2025 and Notice uide No.Bl349 l2O2S, dater)

15.04.2025 directing to vacate the subject land within 7 days from the date of recerpt of the proceedings, failing which, authorities will initiate action to forcefully evict the petitioner from thc subject land.

4. Mr. Mayur Reddy, learned Senior Counsel representing Mr. Sai Sumed Yasaswi Kondapalli, Iearned counsel for the 4 CVI]R. J Wp 14501 2025 petitioner has vehemently contended that the respondents have not servcd thc survey report conducted by thc authorities ancl rvithout serving the same , respondent No.4 has p:rssed the impugned order under Section 6 ol the Act, therefore, the said order passed by respondent No.4 is not in consonance with the principles of natural justice and is liable to be set zrside.

5. Whereas, learned AssisLant Government pleader appearing for the respondcnts has vehemently conlended that in terms of the ordcrs passecl b1, tl'ris Court, survey has been conductcd and after conducting survey, having identified that the petitioner is in encroachment of the government land, respondent No.4 has passed the impugned orcler datecl

15.04.2025 under Section 6 of rhe Act precedeci by a Notice daled 05.03.2O25 and after considering the objections submitted by the petilioner.

6. In vieu. of thc abovc submission, this Court is of Lhe opinion that t he impugned ordcr dated LS.O4.2O25 does nor sulfer from any legal infirmities warranting interference of this Court under Article 226 of the Constitu tion of Inclia, more particularly, urhen the petitioner is having an alternatrve remedy of filing an appeal as provided under the statute. 'lhe issues as w i 5 CVBR, J Wp 14501 2025 to whether the petitioner is in possession of the subject property as on the date and as per the survey report, the petitioner is in encroachment of the government land or not, are required to be examined by the appellate authority under the statute. It is well settled law thaL when a remedy of liling an appeal is provided, this Court, while exercising jurisdiction under Article 226 of the Constitution of Indra, is self-restrained to interfere with the orders passed by the statutory authorities.

7. For the aforesaid reasons, this Writ petition is disposed of relegating the petitioner to avail the alternative remedy of {i1ing an appeal before the appellate authority as provided under the statute. Since it is stated that the limitation prescribed for filing an appeal is 6O days lrom the date of service of impugned order, till the expiry of iimitation for hling of appeal, the respondents are directed to maintain stotus quo. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed SD/-S.MALLIKARJUNA RAO S STANT REGISTRAR ,TRUE COPY// SECTION OFFICER To, 1 The Principal Secretary, Revenue Department Government of Telangana. Secretariat, Hyderabad,

2. The District Collector, Medchal - Malkajgiri District, Telangana. 3. The Revenue Divisional Officer, Keesara Division, Medchal Malkajgiri District, TelanQana.

4. The Mandal Revenue Officer, Telangana. Kapra Mandal, Medchal Malkajgiri District, .':alE*x"187 . r4ri. ... .. .:.: --' // ../ --

5. One CC to SRI SAI SUIVED YASASWI KONDAPALLI, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

7. Two CD Copies BSRYBSK HIGH COURT l DATED:0210512025 ORDER WP.No.14501 of 2025 \ o -) a .J ) ,1 i1L 5lAI (. ( l o .A 2E Jtjll M cl'.spA. cH rD * DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ,/0/r /1 / Z' /<