The High Court · 2025

titution of lndia praying that in the herewith, the High Court may be particularly in the nature of Writ of respondent No.4 in rejecting the , for allotment of new door number 11612025, is highly illegal, arbitrary, to his property vide LR No. 06/2025, dated 1 d in violation of section I 19 of against the principles of natural justice a uently, this Honourable Court may Telangana State Panchayat Raj Act. Cons be pleased to direct the respondents No.3 nd 4 to follow the provision under yat Raj Act and allot fresh door section '1 19 of the Telangana State Panch number to petitioners property, admn. 4814 sq yards situated at Chandaipet Village (Old H.No. 0-1), Chegunta Mandal, Medak 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 pass an interim direction thereby directing respondents No. 3 and 4 to follow the provision under section 1 19 of the Telangana State Panchayat Ral Act and allot fresh door number to petitioners property, admn. 4814 sq. yards, situated at Chandaipet Village (Old H No. 0-1), Chegunta Mandal, M€dak District Counsel for the Petitioner: SRl. MOHAMMAD ADNAN Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ RURAL DEVELOPMENT Counsel for the Respondent Nos.2to4: SRI PRADEEP REDDY KATTA, SC FOR TGZILLA PARISHADS WP NO: 16739 OF 2025 Between:

1. Mir Ahmed Khan, S/o Late Mir Abid AIi Khan Age. 49 years, Occ. Business, R/o. H.No. 16-2-751 , Saidahad, Hyderabad

2. Mohammed lbrahim, Sio Mir Mumtaz Ali Khan, aged about 52 yrs, Occ. Business. R/o H no 16-2-75111, Karan Bagh. Saidahad. Hyderabad AND ...PETITIONERS 1 2 4 The State of Telangana, through its Principal Secretary, Panchayat Raj and Rural Development. Having office at Secretariat. Hyderabad. The Zilla Praja Parisha, Medak District. rep. by its commissioner Having office at G.P. office, Chandaipet Village, Chegunta Mandal, Medak District. The Mandal Praja Parishad, Chegunta Mandal, Medak District, Rep. by tvl.P D.O having office at Chegunta, Medak. The Panchayat Secretary, Chandipet Gram Panchayat Having office at Chandipet Village, Chegunta Mandal, Medak District. ...RESPONDENTS 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 pass an order, direction or a writ particularly in the nature of Writ of Mandamus declaring that the inaction of the respondent No. 4 in not considering the application of the petitioners dated 2.6.2025, for restoration of water supply to ri1,.erffi -- lH, : " I =! "-Wjffi'fi[5;,,]-=tq;;: '18 ET I .:a'-, /'petitioner's house hearing No. 0-1 (old), situ ted at Chandipet Village, Chegunta Mandal, Medak District, is highly illegal, arbit Constitution of lndia. Consequently, this Ho the respondents more particularly the resp supply to the petitioner's house bearing village, Chegunta Mandal, Medak District, d ary and violation of Article 21 of the 'ble Court may he pleased to direct ndent No.4 to restore the water o. 0-1(old) situated at Chandaipet ly considering the application of the petitioners dated 2.6.2025 lA NO: 'l OF 2025 Petition under Section 151 CPC prayin the affidavit filed in support of the petition, direct the respondents more particularly the r supply to the petitioner's house bearing N village, Chegunta ltrlandal, Medak District, du that in the circumstances stated in the High Court may be pleased to spondent No.4 to restore the water 0-1(old) srtuated at Chandaipet y considering the application of the petitioners dated 02.06.2025 Counsel for the Petitioners: SRl. MOHAM ADNAN Counsel for the Respondent No.1: GP FOR RAJ R ANCHAYAT RAL DEVELOPMENT Counsel for the Respondent Nos. 2to4: SRI RADEEP REDDY KATTA, C FOR TGZILLA PARISHADS The Court made the following: COMMON O ER .--*eit+{#!s{r ,,:Tsq.TV -t-t1-t- "" '*E ,:.':..... / .,, .I'HE HONOURAI}LE SM].. JUSTICE T' MAI)H'\VI DEVI WRIT I'ETITIO N NO.I 7235 0F 2025 /\ND \\i RIl' P[,TI'IIO NN o.16739 C)F 2025 CO MMON ORDER Iloth thesc \\rr.it l)ctitions ar-e flled by the petitionels against the action of the 4,r, respondent Grarn Parrchayat in not considering the applicationol.tlrepetitioncrsdt.ll.06.2025lorallotrrrerrtolnervdoor nunlbcr to their nroport)' r'ir1e I.l{ No 06/2025 dt'l l 06'1025 and in not consideringtllcapplicationofthcpetitioncrsdt.02'06.2025for restoration of rvatet strpply to thc petitiorlers' housc bealing No'0- I (old) situated ar charrdaipct Village. chegunta Mandal, Medak District, as itlegal, arbitrary arrd ttnconstitutiona I and consequelrtly to direct rcspondents i and ,1 to allot liesh door numbcr to the petitior-rers' propcltv and also 10 t-cstofc thc rvater suppty to the petitioners' house atier consider.irlg tlic petitionels' represcntations and to pass such other order or ot ders. 2, Brie 1. lacts leading to the frli|lg thc prcscnt Wr.it Pctitions are that petilioners t and 2 ar.e siblings and thcy claim that their grandfather Mir Yffi{Xs1ffi&r.rryTTI. :- :-:$K9{' - W.l'.Nos. I7235 & t67..]9 of 20li 2 Mohantmed Ali Khan was the Jagir ar of entirc Chandaipet Villagc, Medak District and during his lileti e, he has constructed a house nearly 100 years ago on his land ad easunng one acre (Ac. 1.00) and that the said house is verv old bu in a habitable condition. It is subn-ritted that both electricitv and wa er supply have been given to the said property and after the death oi- heir grandflather, the house was divided in bctu,een all his legal heirs d the subject propefty fcll to thc share of thc I'r pctitioncr's father. arrcl e lather of the 2n'l pctiLioner and thercafter, both the pctitioners or.ally p rtitioned tlie subjcct propcrt), on

19.10.2024 and cxecuted a partition d ed evidencing the said partition It is submitted that rhe petitioners anted to get the partition deed registeled, but the Sub-Registrar info ed that there is no door nurnber to tlie subject propert), being rcfle ted online and thcrefiorc. thc documcnt fbr registlatiorr cannot be ac epted. It is stated that originally, a door numbcr bearing No.0-1 rvas all tted to the said house and the I'r petitioner also clairns to have paid pro rty tax @ I{s.1,940/- in the year 201 9 in respect o[ thc sarnc. It is also s ted that a sutwey was conducted by the 4'h respondent and the survcy re ort shows the plan of the subject house. It is sLated that the records perlai ing to the subject property were rnisplaced by thc 4th respondent and erefol'e, the authoritics are not --.aq=:-' lf.t, . !;.. \\' l' Nos. I 7l.li l, l6119 0l l0l: ., issuing any prope(y tax notice rlor arc they allowing thc petitioners to pay thc tax and in viet' of rhese circLrmstances, the 1'' petitioner has given lie sh application dt.23.01.2025 lirl allotment of Irert' door number for thc subjcct propctly and the sarnc is pending considetation for ncarly two nronths. It is statcd that due [o thc absence of tloor nurnber, the adjoining owners arc cncroaching into the open land attached to the house and the 1'' ltetitionct is not in a position to dcsclibe his propcrty belbre civil Coun lirr seeking an iniunction order. It.t vieii ol the same, the pctitioncrs clairn to have tlled \\/.I'}.No.9872 o1- 201-5 u'hich was disposed ot by this Court. r,i.fu ordcrs dt.02.04.2025. directing the respondents therein to consider the application of the petitioners and to pass appropriate ordet's ol- granting ltoLtse numbet' to the petitioncrs' propcrly in accorclancc rvith lau'ancl il'thc 4'h respondcnl is not inclined to consider thc application and gt'attt a house Ilutnbcr to tl-rc subject propcI1y, the 4'r' t'cspondent shall eive appropriate leply to the petitioners. In corlpliance thereol, thc 3''r respondent has passed orders vide l,R No.06/2025 clt.11.06.2025 rcjecting the application of the petitioners on the lbllowing grounds: (a) lccortlin,g lo the record.s ut,oilultle in lhe Granpunt:hayat ol Chandiptr (lktivion rcgislar )'tors 1989 to 1990 Demand rL ffiItffisE*trl#?1E+-EE:BT-. -*-ffi=r*L:''' t": +;' W.P.Nos.l7235 & 16739 of 2025 \--. - \- 4 registers), lhcra is no rcsidential ouse al house No. l-0 (4811 sq. yards) and in the name of ivlir hammed Ali Khan. S/o Sri Late .4bdul Qasint Khan. (h) No Relevunt/competent authorily lo prlv thot Sri Late Mir )[oh issucd document.s are submilted mnrud lli Khan is the ov,rrcr oJ lhe housc ./ir v hith vou hove app ie d. (c) No carlilicutc hus bccn strbntitte heir of .\ri l.utc \fir l4olrunnted to ptove that you are llte legal It Khan Sh ,lri l.ate Mir Abdul Quasint Khan. Alleging that the said glounds arc ille al and basclcss, the Writ Petition in W.[).No.17235 of ]025 is filed. tt is submitted that the respondents havc not conductcd any enquil),in th manner known by law resulting in violation ol principles of natu I justice. It is stated that the respondents are duty bound to take tion on the application given by the petitior-rers by conducting cnqtLit'y and to allot fresl-r door number to the petitionels' propefty rn acco nce with Section I I 9 of the Telangana Panchayat Raj Act. 'fhe pctitioners therefore prayed lor allowing of W.P.No.l7235 of 2025.

3. It is alleged that while rnafters stood thus, the respondents have disconnecteci the water supply to the etitioners' property and therefore, the petitioners requestcd lor rcstorati n of the water supply. It is stated that the 4tl' respondent refused to con ider the request of the petitioners \ w.P.Nos.l7235 & 16739 of2025 5 for restoration of water supply and therefore, the petitioncrs liave filed W.P.No.l6739 o1'2025. tt is stated that even il'thc petitioncrs are to be considered as encLoachcrs, the 4''' rcspondent is duty bound to provide r.vater supply ancl it is stated thnt the petitioners rvcre allcady having water connection and elcctricity corrnection and rcliance is placed on tl-re decision of this Court in the case ol Mohd Wasim Khas Vs. The Stater, wherein it u,as held that evcu an illegal encroacht-r'is entitled to the basic amenities such as rval.er and clcctlicitl'supplv prlvided that he is able to sl'tow 1:r'intu fucie titlelposscssion to thc pr-opertv. The 1'' petitioner statcs that he has givcn a representation on 01.06.2025 for resurnption ol- rvatel suppty, but the sante has not bcen considered so far.

4. The 4'r' rcspondent has frlecl a courlter allldavit in \\ .P.No. I7235 of 2025 stating that as per the revision records available fiom the year 1989, the house numbers stalt ll'onr ll.No.l- I and thclr- is no door No.0- l and accordingly a reply was given to the petitioners on

11.06.2025 clearlv stating that thcre is no residential house nurnber 0- I in thc name ol late Mir Mohaurnred Ali Khan and that thc petitionels herein have not produccd the relevant documents of titlc. It is further ' w.P.No.7505 ol'2021 dr 05 06.lo2l \ W.P.Nos. I 7235 & 16'119 of 2025 6 stated that, on the ground ther.e is n residential house in the property except for two dilapidatcd walls and t one corner of the property there is a tin shed and further that onlv afie filing of the present Writ petition, the petitioners have started niaki alterations over the property including digging of a new sump It is lurther stated that the lst petitioncr has given a r.ep r-ese ntat iorl L06.06.2025 ro the 4tr' respondent requesttng not to grant alty buildin perrnrssion to one Khairunnisa Begum or any other villager in respec olthe property as there is a civil suit pending in O.S.No.2lt ol 202 against Khairunnisa Beguni in respect of the subject property, SE king to declare the sale deed dt.19.06.2007 bearing Documenr No. 524 of 2007 as null and void and that one Ahmed Unnisa l]cgum has tso fl lcd a suit in O.S.No. 168 of 2024 against the pel.itioners herein nd others in respect of the said property. 'fherelore, it is prayed that t e Writ Petition in W.P.No.l7235 of 2025 be disrnissed as not mainl.ain ble. l'he representation of the 1" petitioner dt.06.06.2025 and also tlre hotographs showing the walls in dilapidated condition are filed along ith the counter affidavit. As seen therefrom, beyond the walls, there is a hed with asbestos sheets.

5. A counter affidavit has also be filed in W.P.No. 16739 of 2025 with similar avcrments W P Nos 17215 J. 16739 of2025 7

6. The ra,rit petitioncrs l.ravc llled rrernos dt.23.0(r.201,5 in botli the Writ l)etitions along rvith photographs ol' the allegcd old building and also a sump in the said property. l'hc I petitioner has also flled atfidavits on i0.07.2025 in both the Writ Petitions statirrg tliat as both the rvrit petitioncrs are claiming ownelship on the basis ol'inheritance through theil fathcrs, their sister liled a suit tbr partition clainring it to be Matruka prope ftv and there rs inter sc dispute in bets r-r-'rt the fhntily membcrs, but therc is no Govclnrnent clairn or any third ;tartv clairn over thc samc. 11 is statcd that il' anv door numbcr is et arttcd or water connection is grantcd to the I petitioner on his application, the I pctitiorrer rvill not clairn anv title on the basis ol sucl-r ortler of Gram Panchayat and he u,ill adhere to the final dccree and judgrlcnt passed in the civil suit lor partition filed by his sister in respecL ol thc said property. It is also stated that thc l'r petitioncl will undeflakc that he lvill restlict his claim only to the extcnt of paying tax and not to thc extent of claiming any titlc through the mr-rtation proceedings that nray be issued by the Gram Panchayat if orders are passed in the Writ I)ctition for the said relie f. W.P.Nos.l7235 & 16719 ol202i 8 7 . Having regard to the rival cotrte l-ions and tl're mate rial on record, this Court finds that along with thc rit Petitions, the petitioners havc filed copies of elcctricity bills issucd in the narre ol one Mir Mumtaz AIi Khan lor the pcriod fi'orn 02.05 1 2-5 to 02.06.2025 and also for thc period lrom 09.10.2023 to 07 .l | .202 and therc is also a water suPPlY receipt given by the Grarn Pancltal'at. handaipet. They also filed copies ol pattadar passbook and pahani to dcr onstratc that Mir Moliammed Ali Kl'ran is owner of ccrtain land and tso tlled copy of partition deed betwcen the petitioncrs hclein

8. However. from these docut.ncnt , this Court is not ablc to comc to any conclusion with regard to thc titl of the petitioners over the subiect propedy. 'I'he photoglaplis only' dcni nstlate that there is a shed in thc subject propcrly and tlie electricit bills only sl.row that there rs consumption of electlicity and the naure of the consurncr is Mir Mumtaza Ali Khan. Thercfore, the a thorities are required to verify the lacts mentioned by the petitiouers an as seen fiom the photographs, if there is a building in the land su ounded by walls which are in dilapidated condition, the respondent in W.P.No. 1 7235 of 2025 have to take a decision for grant of house nu ber to the petitioners' ProPerty as w N'.I'.\os I72i5 .! l6rl9(r1 l0ll 9 per the unclertaking given by the petitioners that they will not claim any title on thc basis of such a door nutnber or on the basis ol the tax collected by assessing the said propeny.

9. As regards W.P.No.16739 of 2025, this Court observes that the surnp appears to have bccn constrltctcd subscquently arltl the claini of- the pctitioncrs on the basis of the said photographs tilat tllere \vas a watcr conncctlon already cannot be acceptcd. Howcr'cr, the r'vater suppti' rcccipt trled along rvith W.P.No. 16739 ol 2025 needs verillcatiorr. [1r,cn otherwise, the pctitioners, il'g|arltcd lrouse trlttnbcr to thc subiect propert)', can tnake a fi'esh application fbr u'rlct'sttpplr and thc |espondcnts ir-r W.P.No.16739 ol 2025 rnay theri:aflr:r considcr the sarle in accordatrcc ri ith lart

10. With the above observations, both the Writ Petitions are disposed o1'. No oldcr as to costs I l. Penrling tniscellaneous pet.itiorts. if any, in bollr tl'rcse Wlit Pctitions shall stand closed. t, SD/- A.SRIN ASA REDDY ISTANT REGISTRAR //TRUE COPY// SECTION OFFICER I To,

1. The Principal Secretary. Panchayat Raj and Rural Development, Having office 2. The President.,Zilla Praja Parishad, Medak District,Having office at Medak at T.G. Secretariat. Hyderabad District aNf r- '-,.,- -.*,fl--..- -"* Pr.fi-Y\b. The M.P.D.O, Mandal Praja Parisha havino office at Chequnta, Medak Dis The Fanchayat Secretary. ChandiP Chandipet Villaoe, Chegunta Mandal' One CC to SRI MOHAMMAD ADNA Two CCs to GP FOR PANCHAYA Court for the State of Telangana at H One CC tO SRI. K. PRADEEP RE loPUcl Two CD Copies , Cheauntal Mandal, Medak District e Gram PanchaYat, Having office at edak District. Advocate fOPUCI RAJ RURAL DEVELOPMENT ,High erabad [OUT] DY , SC FOR TGZILLA PARISHAD BM PSK I'IIII-' '-E^--1#!$/' 3 4 6 7 B I I ffi:XIeX,,X'Wqgr€- L)' L HIGH COURT DATED:1810812025 \ CC TODAY t ! o() >...,,2 * '1R THE S TA /(: I/l I AUI I 5 .-:-_ COMMON ORDER WP.Nos.17235 AND 16739of 2025 DISPOSING OF BOTH THE WRIT PETITIONS WITHOUT COSTS \ J 2a{