The High Court · 2025

Counsel for the Petitioner : SRI AMRUTH RAO JOOKANTT Counsel forthe Respondents: Gp FOR REVENUE W.P.No.185 82 0F 2025 Between: Telanqana Sethusincri. Vatandaru and Neeradira Sanqam 3-7- -. . vRo S and VRS,s Buitding, lvadharam virage, piriiir,' i;;;i;,il;" Disiirct i"'pr""r"""t?,i du'it. President Kondamalta Ravi Sfo. Nllinr'fairn,lgi.'ti V"rr. -l :c. Senior Assi3tant Tahsildar office, Chennaraopet lrt jnoal Wiiing"ri oiJtri.t ...PET|TIONER AND v' r(r I rrrr '1 . The State of Tclanoana, Represented by its principal Se r :tary. Revenue Department, Secre"tariji, HtA;b;;* 2. The District Collector, Hanumakonda District 3 The Revenue Divisionar officer, parkar Division, Hanumarrc nda District 4. The Tahsildar, parkal Mandal, Hanumakonda District 5 The station House officer, parkar porice station, parkar, l:rnumakonda District ..RESPONDENTS Petition under Articre 226 0f the constitution of rndia r"aying that in the circumstances stated in the affidavit fired therewith, the High cc rt may be preased to issue a writ, order or direction more particurarry one in fl) r nature of writ of Mandaumus decraring the action of the Tahsirdahr, parkar Ma.,J rr. Hanumakonda District, in issuing evirlion notice under T.G.Land Encroachnr r.t Act, 1905 vide RC.No B/109/2024 datt-'d 23/6r2o2s by aileging that the petitio.,: society is in the unauthorized occupation of the government rand admeasuring Ac.r-1g Gts in Survey No 60g of Madaram Virage, parkar Mandar, Hanumakonda District and thereby directing the petitioner society to vacate the rand arong with structures located in the rand within 15 days and in the event of fairure to do so it wi, evict the petitioner from the rand and the structures existing over the rand wourd o" tr"rt"o as government property as illegal, arbitrary and againsl the, principles of natural justice and consequentry restrain the iflegar interference of the respondents into the peacefur possession and enjoyment of the petitioner over the rand admeasuring Ac 1 -19 Gts in survey No. 609 of Madaram Virage, parkar Mandar, Hanumakonda District. lA NO: 1 OF 2025 Petition under Section I 51 CPc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to suspend the eviction notice issued by the 4th respondent under T.G.Land Encroachment Act, 1905 vide RC.No.B/1og/2024 dated 231612025 by areging that the petitioner society is in the unauthorized occupalion of the government rand admeasuring Ac 1 -1g Gts in survey No. 609 of Madaram Virage, parkar Niandar. Hanumakonda District hereby directing the petitioner society to vacate the land along with structures rocated in the rand within .r 5 days and in the event of fairure to do so it wifl evict the petitioner from the rand and the structures existing over the land would be treated as government property, pending disposal of Wp in the interest of justice. Counsel for the petitioner : M/s.AMRUTH RAO JOOKANTI Counsel for the Respondents No.1to4 : Gp FOR REVENUE Counsel for the Respondents No.5 : Gp FOR HOME The Court made the following: COMMON ORDER HON'BLE SRI JUSTICE C.V. BHASKAR RI'I)DY WRIT PETITION Nos. 15427 and 18582 of 2025 COMMON ORDER W.P.No.15127 ot 2025 is filccl seeking the folt, r'ir-rg rr:lie[:- "...to issur: a writ, order or direction more par r:trlzrrly onc in thc nature of Writ of Mandamus declt r-ng the action of licspondent Nos.2 and 3 in interfer r g ('ith Lhc petitioner's peaceful possession ancl enj(.r re nt of properh i.e., land admeasuring Ac.O1.19 gr rtas irr Sr-.No.6O() of Madaram Village Parkal iV anclal, Hanuma konda District as illegal, arbitr - :ucl against tlre principles of natural justi r altrl consequ,:rrth, direct respondcnt Nos.2 and. t()t t() intcrlere with the petitioners peaceful possess r n zrncl enjoymenl of property i.e. land admeasuring r r'Ol 19 guntas irr S_v.No.609 of Madaram Village. ):Lrkal Marrrial, I Ianumakonda District without follo.'r r g duc proce ss ol- larv to pass..." '2 W. P. No. I 8582 ol 2025 is filcd seeking the lollo , r'rg rclief:- "to lssue rr u.rit, order or direction more parl t< utarlv one in thc nature of Writ o[ Mandamus deck,r rrrg lhc acti0r] ol the Tahsildahr, Parkal I lr,ndal, Hanumal<r,nda District in issuing evit.lic,r rotir.r. r-tndcr Te langana Lancl Encroachment Act, 1() )., r.idc RC.No.B7 109/2021 dated 231612025 by allegirr 1 that thc petitioner societ_v is in the unau rr rized occupatiolr of the government land admci s rrinq ,) .-\ . '--."f CVBR. J Wp 15427 and 1E582 2025 I Ac. 1.19 guntas in Survey No. 609 of Madaram Village, Parkal Mandal, Hanumakonda District and thereby directing the petitioner society to vacatc the land along with structures located in the land within 15 days and in the event of failure to do so it will evict the petitioner from the land and thc structures existing over the land would be treated as government property as illegal, arbitrary and against the principles of natural justice and consequently restrain the illegal interference of the respondents into the peaceful possession and enjoyment of thc petitioner over the land admeasuring Ac. 1. 19 guntas in Survey No.6O9 of Madaram Villagc, Parkal Mandal, Hanumakonda District and to pass..-"

3. Since the parties as well as the subject property in both thc writ petitions are one and the same, thc same are being heard together and disposed of the same by this common order.

4. It is stated that the petitioner is a Society registered under the provisions of the Telangana Societies Registration Act, 2001 . The petitioner society had purchased the land admeasuring Ac. 1. 19 guntas in Sy.No.6O9, situated at Madaram Village, Parkal Mandal, Hanumakonda District, through registered sale deed bearing document No.599 of 1969, dated 24.09.1969. It is further stated that the petitioner socieqr is in possession and _) C\/BR. J Wp_.,I542' u d 13582 2025 enjo\-ment ol the subject land and after obtair I t j necessan. permission from the local authority, the petition l. society had constructed zL school building, which was allotte(l I touse No.3 743 ancl the :;ard building nas also assessed proF,( r ). tax. [t 1s further state(l that when the respondent authot. i:s, wrthout taking into consideration o[ its long possession fror L six decades claiming rhat the propcrt!- purchased by the petitio r, r society is Governn're.t Ltrrd, have made efforts to forcible di:, r sscsston of thc petitioner from the lancl, which is in occu:rr ion of the petiti()ncr. Qrcstioning the said action of the res ro rclents, the petitioner filed W.P.No. 15427 ot 2025 before this Cr .'l rr. By an order, cl:rtcd 04.t)6.2025 in I.A.No.1 ol 2025 passeci l e following interim order: ''Hcerrd learned counsel for the petitioner alr I (]overnmenI Plcader for Revenue for the resporr r perused thr-. material on record. pending furth r there shal[ be interrm direction to the respondent .i :l not to rntcrlere with the possession of the petit : rhc Iald admeasuring to an extent of Ac.O 1- I 9 ,lr Sy.No.60() of Madaram Village, parkal I Ianumal onda District, u,ithout following clue ; -r la',v- " Ltarncd nrs and orders, rs.2 and 1€rr o\rer ntas in \{andal, cess of

5. It rs fLrther stated that without taking into cc r sideration of [hc ordcrs p:rssed bv this Court in W.p.No. lS42T \,t2O25, the ,."-.i':..{ 4 CVBR- J Wp 15427 and 18582 2025 respondent authori[ies have issued the notice in Rc.No.B/ 1O92O24, dated 23.06.2O25 under the provisions of thc Telangana Land EncroachmenL Act, 1905 (for short "the Act") directing the petitioner to vacate the subject property u,ithin a pcriod of 15 days from Lhat date. Challenging the said notice, W.P.No 18582 of 2025 is filed. 6- Considered the submissions of the learned counsel for the parties to the u'rit petition. Perused the record

7. Learned counsel for the petitioner has vehementl_y contended that the notice is not specified any of the provisions ol the Act as such the same is illegal and arbitrary. Learned counsel further contended that the petitioner society had purchased the subject property through registered sale deed in the year, 1969 ancl thereafter constructed a school building after obtaining necessary permissioh from the concerned authorities and the said building was allotted house number and also assessed for the propcrty tax. Since the construction made by the petitroner and its occupation of the subject land is not a recent origin, the respondents are not having any right or authority to invoke the provisions of the Act for eviction of the pctilioner in summary proceedings. In support of his - -5 CVBR. J Wp t542i rr d l85tt2 2025 contentions, Iearned counsel lor the petitioner rc it d upon the judgment oI thc Apcx Court in Government of An.rlhra pradesh v. Tummala Krishna Raol

8. Lcarne<l Assistant Government pleader for lt:venue has submitted that initiallv the petitioner society filed ,,. ).No.I5427 of 2025 staling thal the respondent authorrt cs have not folloned due process of lau. ancl this Court grtr r ed rnterim order, dated C'4.06.2025 clirct:ted the rcspondents o fbllow due process of lau,. [n r:ompliancc rn,iLh the orders of th s C)ourt, the respondent auLl-rorities have issueci the notice i r pugned in W.P.No.1a5a2 of 2025. Learned Assistant Governr,r, .nt pleader further submittcd thal evcn though there is r :l provision mentioned in thc impugned notice the por.l,ers li c traccable under the provisions of the Act, as such there is n: iilegalily or irregularity Learne: Assistant rn rssuing the notice. Government Pleaclerr lurther submitted after c onducting survev and rdentilicatio n, it is rcvealed that the land adme asuring Ac:. I . 19 guntas in Sv.No.6O9 purch: s rd by the petitioner is cla: ssilied as Government land and the I r: ;pondents have issued th,: r-rotice. Therefore, prayecl to dismi,s ltoth the wrrt petitions ' 1tos:): scc l ;+ .- -*'1 \ \l 6 CVBR. J Wp 15427 and 18582 2025 -

9. Admittedly, it is the case of the petitioner that the petitioner had purchased the subject p.roperty under registered salc dee d in thc year, 1969 and it has obtained permission and constructed a school building, which was allotted house numbcr and also assessed for the property tax. The construclions carned on bv the petitioner is not one of recent origin, thercfore, the rcspondent authoritics are confcrred with po\r'er to invoke the provisions of the Land Encroachment Act,

190.5. lO. The issucs raised in this writ petition, in the opinion of Lhis Court, are rr:quired to be adjudicaled after considering the documents submitted by the petitioner. Hence, this Court deems it appropriate to dispose of this writ petition, permitting the pctitk)ner to submit an explanation to the notice in RC.No.B/ lO9 12024, dated 23.06.2025 duly enclosin€{ all the ncccssary documents in support of its claim, that the land subjcct mattcr o[ writ petition is not a Government land and the society has not encroachecl the same as alleged in the notice r,r.ithin a period of two (02) weeks from the date of recerpt of a copi' of this order. In the event of such an explanation being submittecl by the petitioner, the respondent authorities are l CVBR, J Wp _1542" ru d l tl582 202-5 directed to consider the same and afler rr oviding an opportunity of personal hcar-ir-rg pass an appropn Lr e order and communicate the retrsons thercor-r to the petiti( n:r u,ithin a period of trvo (02) r.veeks threafter. Till st ll time, the respondent .Luthorities are dircctcd not to takr z ny coercive action over [he subject ltrnd. [t is made clear tl a t even after passing the,rrder uncler Section 6 of the Act, t-t rcspondent authorities sl-rall wait t ill thc limitartion prescribec n appeal is over for taking coercive acLion against lhe petition,: . I 1. With thc above observations. both thc Wrir I'etitions are disposed of. 'I'here shall be no order as to costs t2 As a serquel, lhe misccllaneous petiLions pr: Lt ting, if anv, shall stand closed \ // ;D/. B. REKHA RANI STANT REGISTRAR SECTION OFFICER ih{ //TRUE COPY// To, The Principal Secretary' Revenue Department, Secretar a" State of Telangana, Hyderabad. The District Collector, Hanumakonda District The Tahsildar. Parkal N/landal, Hanumakonda District ,'{ 1 2 3 \

4. One CC to SRt AMRUTH RAO JOOKANT|, Advocate. tOpUCl 5, Iwo CCs to Gp FOR REVENUE, High Court for the State of Telangana louTl

6. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUT]

7. Two CD Copies. */ BSK PVL HIGH COURT DATED:0210712025 t I -rp:::'-..'-'..-' . ':'-i... t:tl-' '' l ' tIr ill 1 0 '. :., .i... + - \.: t I COMMON ORDER WP.Nos.15427 & 18582 of 2025 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS // /A a /o t, ,