1. Nl.Srinivas v. I State 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 an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus a) declaring the action of the respondents in seeking to trespass, disturb and interfere with the ownership, peacefuI possession and enjoyment of the petitioners plot Nos.237 and 238 admeasuring an extent 1003.2 Sq.mts in Sy.No.6212 situated in Rayadurg NavKhalsa village, Serilingampally Mandal, R.R Dist as illegal, arbitrary, without power, authority and jurisdiction and against Article 14, 21 and 300 A of the Constitution of lndia. b) Consequently direct the respondents to perpetually restrain from trespassing, disturbing and interfering with the ownership, peaceful possession and enjoyment of petitioners plot Nos.237 and 238 admeasuring an extent 1003.2 Sq.mts in Sy.No.62/2 situated in Rayadurg NavKhalsa village, Serilingampally Mandal, R.R Dist. d) Also pray for other consequential and incidental reliefs, including a direction to the respondents not to take any coercive steps against the petitioners and their plots. l.A. NO: 1 OF 2016(WPMP. NO: 57107 OF 2016) 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 herein not to interfere with the possession and enjoyment of the petitioners over Plot Nos. 237 86 238 admeasuring an extent of 1003.2 sq. meters in Sy.No. 6212 situated in Rayadurg Nav Khalsa Village, Serilingampally Mandal, R.R. District, pending disposal of the Writ petition. Counsel for the Petitioner: SRI M.DHANANJAY REDDY Counsel forthe Respondents No.1&3: GP FOR HOME Counsel for the Respondents No.2&4: GP FOR REVENUE The Court made the following: ORDER 1, i-) THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.46367 of 2016... ORDER Heard learned counsel for the petitioners and Learned Assistant Government Pleader for Revenue appearing for respondent Nos.2 and 4. With their consent, this writ petition is being taken up for disposal

2. This writ petition is filed seeking following prayer:- "a) to declare the action of the respondents in seeking to trespass, disturb and. interfere ruith the otonership, peaceful possession and enjoyment of the petitio ers plol Nos.237 nnd 238 admeasuring nn extent 7003.2 Sq.nrts in Sy No.66/2 situnted in Rayadurg NaoKhalsa aillage, Seilingampnlly Mandal, R.R District, as illegal, arbitrary, utithout poruer, authoity nnrl juisdiction and against Article 14, 21 nnrl 300-A of the Constitution of lnrlin. b) Consequently direct the respondents to perpetunlly restrain [rom trespassing disturbing and interfering utitlt tle ozonership, peaceful possession and eryoyment of petitioners plot Nos,237 and 238 admeasuing an extcnt 1003.2 Sq.mts in Sy No.66,0. situated in Rnyadurg NauKulsa uillage, Serilinganpally Mandal, R.R District."

3. Brief facts in this writ petition are that the petitioner No.1 claims to be the owner and possessor of plot Nos.237 anJ 238 admeasuring an extent

1003.2 Sq.mts respectively., in Sy.No.66/ 2, situated in Rayadurg NavKhalsa village, Serilingampally Mandal, R.R District, having acquired the same uidz registered sale deed bearing No.9763 of 2003 dated 08.08.2003. Thereafter, the petitioner No.1 with an intention to gift piot No.238, admeasuring to an extent 600 Sq.yards to his daughter i.e., petitioner No.2 executed the gift deed and the same was registered oide document bearing No.8231 of 2015 dated 02.12.201,5. 2 It is submitted that when the respondent authorities started interfering with I 1 the peaceful possession of the owners of land in Sy.No.66/2, Raidurg Navkhalsa (V), Serilingampally Mandal, Ranga Reddy District, all the owners formed an association in the name an style as'Naga Hills Welfare Association- I' and the said association had filed O.S.No.98 of 2004.on the file of V Addl. Dist. Judge FTC R.R Dishict, for declaration of title and perpetual injunction and the Trial Court aide common Judgment dated 31.12.2005 dismissed O.S.No.98 ol 2004 along with O.S.No.92 and 97 of 2004. Aggrieved by the order dated 31..1.2.2005, Naga Hills Welfare Association-l preferred an appeal i.e., A.S.No.36 of 2006 and this court zride common judgement dated 29.09.2008 allowcd A.S.No 36 of 2006. Challenging the Judgmcnt dated 29.09.2008, Govcrnment prcferred an appeal bearing CC 10830-10834 of 2011 beforc Hon'ble supreme Court and the same was dismissed on 04.01 .2012.

4. Learned counsel for the petitioners submits that the petitioners made an application for regularization of the subiect plots and the same were regularized ttide proceeding No.LRS/5735/CR-11/ West Zone I HO / GHMC/ 2008 dated 12.02.2073. La ter, pe titioners have cons tructed a compound wall around the subject property. Thereafter, the respondent authorities on the ground that the subject property is on government land again started interfering with the petitioners peaceful possession over the subject property and without issuing any notice conducted survey and fited poles, flag poles and started raising pillars on the subiect ProPerty. Aggrieved by tl-re same, the present writ petition is filed. J

5. Learned counsel for the petitioners submits that this Court on

30.12.2076, passed the following order:- "The petitioners as well as the respondents shnll maintain status-quo in all respects. lt is made clear, so far as the respondents are concerned, they shall not interfere with tht lands coaered under tht ludgment of the Diztision Bench of this Court dated 29.09.2008, passed in A.S.No.36 and 37 to tfu extent of the petitioners herein." I I

6. Learned counsel for the petitioners further submits though the matter attained finality and the Hon'ble Supreme Court in CC 10830-10834 of 2077 ztide jrdgment dated 04.01.2012 had confirmed the orders passed in A.S.No.36 of 2006 dated 29.09.2008, the respondcnt authoritics interfered with the petitioner's peaceful possession over the subject propcrty, hence, pray this Court to direct the respondent authority not to intcrfere with the petitioner's peaceful possession over the subject property

7. No counter is filed on behall of respondents and learned Assistant Government Pleader appearing for rcspondents submits that appropriate orders be passed in this writ petition

8. Having considered the above facts and circumstances and in the light of the aforesaid orders passed in A.S.No.36 of 2006 and batch dated 29.09.2008 as weli as the Apex Court judgment dated 04.01.2012 passed in CC 10830- 10834 of 2011, this Court deems it fit to allow the writ petition and the respondent authorities are directed not to interfere with the peaceful possession of the petitioners over the subject property without following due process as contemplated under law 4

9. With the above observation, this writ petition is allowed. Miscellaneous applications, if any pending, shali stand closed. No order as to costs. //TRUE COPY// SD/- L. LAKSHMI BABU E UTY REGISTRAR To, ECTION OFFICER 'l . T.he Principal Secretary, Home Department, Secretariat, State of Telangana, Hyderabad.

2. The District Collector, Ranga Reddy District, Khairtabad, Hyderabad. Station 3. The Station House Officer, Near Khajaguda y Road, p. S. Rajdurgam, Hyderabad.

4. The Tahsidar, Serilingampally Mandal, Ranga Reddy District. 5. One CC to SRI TM.DHANANJAY REDDY, Advocate. tOpUCl 6. Two CCs to GP FOR REVENUE, High Court for the State of Tetangana.

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

8. Two CD Copies. BSK GJP ! 1t1E 5T416: ,e , ',) \r,,t\'l $5 r{N [6 ")> i 5.; s',11C!\ i::-.- _ ,:.1) HIGH COURT DATED:2810312025 ORDER WP.No.46367 of 2016 ALLOWING THE WRIT PETITION WITHOUT COSTS \ ----._