High Court · 2025

Petition under Article 226 of the Constitutron of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction or Writ, especially one in the nature of Writ of Mandamus, directing the Respondents 2, 3 and 4 to take action against the Respondent No.5 for his illegal activities and direct the Respondents No.5 to pay ...RESPONDENTS compensation for an amount of Rs.10,00,0001(Rupees Ten Lakhs)only to the Petitioners and reconstruct the structures and also Direct tl'e Respondents not to interfere with the Peaceful Possession and enjoyment of th e Petrtioners over the above said property, enabling the Petltioners to enjoy the same peacefully and save the petitioners rightful possession over the schedule property r.e. the Door Number 29-146011, Plot bearing No.10 and 2tr in Survey [r umbers 390, 391 and 395, admeasuring 200 SQ.Yards, Situated at Chennapuram, Under Jawahar Nagar Muncipal Corporation (the then Gram panchayath) Kapra(the then Shameerpet) Mandel, MedchalMalkajgiri (the then Ranga Reddy) District. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumslances stated in the affidavit filed in support of the petition, the High Court m;ry be pleased to direct the Respondents not to interfere with the property, enabling the Petitioners to en.ioy the same peacefully and save the petitioners rightfu possession over the schedule property i.e. the Door Number 29-146011, Plot bearing No.10 and 25' in Survey Numbers 390, 391 and 395, admeasuring 200 S'Q.Yards, Situated at Chennapuram, Under Jawahar Nagar Muncipal Co'poration (the then Grampanchayath) Kapra(the then Shameerpet) Mandal, lrledchallVlalkajgiri (the then Ranga Reddy) District. lA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the ci-cumstances stated in the affidavit filed in support of the petition, the High Court mz y be pleased to direct the Respondents No.2, 3 and 4 to take necessary action against the Respondent No.5 for his illegal activities and also direct the Responcient No.5 to pay the compensatron for an amount of Rs.10,00,0001(Rupees T:n Lakhs)only to the Petitioners and also reconstruct the structures lA NO: 3 OF 2023 Petition under Section 151 CPC praying that in the ci cumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents No.1 to 4 to take appropriate action aga nst the Respondents No.5,6 and 7, besides requesting to cancel the registered deed of Conveyance Document bearing Number 3052 of 2023, Dated.05.05.2c23, on the file Sub- Registrar. Shameerpet and the Registered Rectification der:d Document bearing Number 5038 of 2023, Dated.15.O7.2023, on the file Sub-Re1;istrar, Shameerpet Counsel for the Petitioners: SRI KANDAGATLA SRINIVASITLU Counsel for the Respondent Nos.1 to 4: GP FOR REVENUT: Counsel for the Respondent Nos.S to 7: -- The Court made the following: ORDER THE HON,BLE SRI .IUSTICE C.V. BHASKAR REDDY UrRIT PETITION No.18O94 of 2o23 ORDER: The present writ petition is filed seeking to direct respondent Nos.2,3 and 4 to take action against respondent No.5 for his illegal activities and further direct respondent No.5 to pay compensation for an amount of Rs. 1O,0O,0OOl- to the petitioners and reconstruct the structures and a-lso to direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners over the subject property i.e., Door No.29-146O11, Plot No.10 and 25, in Sy.Nos.390, 39 I and 395, admeasuring 200 sq. yards, situated at Chennapuram, Kapra Mandal, Medchal-Malkajgiri District.

2. Considered the submissions ol the learned counsel for the respective parties and perused the record.

3. It is stated that the petitioners had jointty purchased open house plot bearing No.10 and 25, in Sy.Nos.390, 39 I and 395, admeasuring 200 sq. yards, situated at Chennapuram, Kapra Mandal, Medchal-Malkajgiri District, under an Agreement of Sale dated 06.12.2018 and their names have been mutated in the revenue records in respect of the said plot. It is further stated that they have constructed a room in it and also paying property tax to the Municipal Corporation. It is further stated that respondent Nos.6 and 7 are 2 illegally trespassing into the subject property of the petitioners and causing inconvenience to the possession and enioyment of the petitioners and therefore, they made a complaint b,:fore the Police, Jawahar Nagar and a case in Crime No.106 of 20 19 has been registered against respondent Nos.6 and 7 and the sarne is pending as C.C.No.689 of 2Ol9 before X Additional Metropol: tan Magistrate, Athivelli, Medchat-Malkajgiri District. The case of the petitioners is that even after lodging a complaint, respondent Nor;.6 and 7 again camc to the subject property and tried to dispossest; them from the property. Thercfore, the petitioners again approache<l the concerned Police and requcsted to take necessary legal action. However, Lhe Police have not taken action and respondent Nos.3 and 4, at the instancc of respondent Nos.S lo 7, are making forceful effori-s to disposscss the pctitioners from the subject property, without issuing any noti('c. I{crr|c. t hC u'rit petition.

4. [-earned Assistant Government Pleader for Revenue appearing for the respondcnt Nos. I to 4 has submitted that the []roperty claimed by the petitioners rs classified as Government land in tlre revenue records and Lhc peLitioners constructed a house rherein withouL obtaining necessan, permission from t]re authorities concerned. He further submittcd thzrt when the petitioners, reJying upon an agreemcnt of salc zrlleged to have been executed by their venrlors, 3 tried to encroach into the govemment land, the respondents have resisted their action.

5. Prima facie, verilication of the records would reveal that the pe titioners are claiming rights over the subject property under an Agreement of Sale. It is settled law that an agreement of sale does not conler any right unless the said Agreement of Sale is registered by transferring the property in accordance with the procedure prescribed under the provisions of the Transfer of propert5z Act, Igg2.

6. In view of the above, this Writ petition is disposed of granting liberty to the petitioners to agitate their grievances before the competent Civil Court in accordance with law. As a sequel, miscellaneous applications pending if any, shall steurd closed. No costs. SD/. P. PADMANABHA REDDY DEPUry REGISTRAR //TRUE COPY// SECT FFICER To, 1 The Spl Chief Secretary, Revenue Department, D-Block, 4th Floor, Telanagana Secretariat, B.R.K.R.Bhavan Hyderabad-500 063. 2 The Collector and District Magistrate, Medchaal-MalkajgiriDistrict. 3. The Revenue Divisional Officer, Kapra Division, Kapra, Ir,/edch a I Ma lkaj g i ri District. 4 The Tahasildar, KapraMandal, MedchalMalkajgiriDistrict. 5 One CC to SRI KANDAGATLA SRINTVASULU Advocare tOpUCI 6. Two CCs to GP FOR REVENUE ,High Court for the Srate of Tetangana [our]

7. Two CD Copies KKS GJP r.,, HIGH COURT ' DATED:2010312025 ORDER WP.No.18094 of 2023 1H. s i-.1 ii\ '^\ \ \ ,l 1 0 sEP 2025 \,r\\ \ '\-=_.:_.:// DlSPOSING THE WRIT PETITION WITHOUT COSTS c-''- \o LCg's Y\, iN\\^'