High Court · 2025

.....RESPONDENTS/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 issue a writ of Prohibition or any other appropriate order or direction in the nature of a Writ prohibiting the 2nd and 4th respondents from enquiring into the property dispute raised by the 4th respondent against the petitioner with respect to land in Sy.No.6211 , Bahadurpally viltage, Medchal-Matkajgiri District and consequently set aside the notice bearing No. B.t24612020 dated 18lo1l2o2o issued by the 4th respondent and all other connected or consequential procedures as being without jurisdiction, arbitrary, discriminatory and violative of Article 14 and 3004 of the Constitution of lndia and set side the same in the interest of justice. |.A.NO:1 OF 2020 Petition Under Section '151 CPC praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all proceedings either pursuant to the impugned notice bearing No B 24612020 dated 18-8-2020 issued by the 4th respondent or other otherwise pending disposal of the above writ petition. |.A.NO:1 OF 2022 Between Banda Bala Narasimha, S/o Banda Yellaiah, Age. Major, R:/o H.No.23, Block No.47, Suraram Colony, Dundigal Gandi Maisamma Mandal, Medchal-tt4alkajgiri District, Telangana. .....PETlTlONER/RESPONDENT No.5 AND 1 Dr. Reddy's Bio Sciences Limited, a Public Limited company having their registered office at 8-2-337, Road No.3,Banjara Hills, Hyderabad-500034, represented by their Authorised Signatory , Sri P.V. Narasimha Rao. .....RESPONDENT/WRIT PETITIONER

2. The State of Telangana, Department of Revenue, BSRK Bhavan, Tankbund, Hyderabad. rep. by the Principal Secretary.

3. The National Commission for Schedule Castes, 5, CGO Towers, Kavadiguda, Secunderabad. rep. by The Director.

4. The District Collector, Medchal-Malkajgiri District, Secunderabad, Telangana State.

5. The Tahsildar, Gandimaisamma, Dundigal Mandal, Medchal-tVlalkajgiri District. Telangana. ....RESPONDENTS/RESPONDENTS 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 vacate the interim order, daled 27.11 .2020 passed in l.A.No.1 of 2020 and dismiss the above writ petition in WP.No.20699 of 2020 with costs and consequently held that it renders rejection of any consideration from this Hon'ble Court. Counsel for the Petitioner : SRI B.NALIN KUMAR Counsel for the Respondent Nos.1, 3 & 4 : GP FOR REVENUE Counsel for the Respondent No.2 : SRI N.RAJESHWAR RAO Counsel for the Respondent No.S : - The Court made the following ORDER THE HON'BLE SRI WSTICE K.SARATH WRIT PETITION No.2O699 of 2O2O ORDER: Heard learncd counscl for thc petitioner, learned Assistant Government Plcader for Revenue appearing lor respondent Nos.1,3 and 4, lcarned Standing Counsel for the respondent No.2 ar-rd learned counsel for the respondent No.5 and perused the entire qaterial on record.

2. Learned cotrnscl for the pctitioner submits that basing on the reprcsentation submitted by the respondent No.5 herein on 28. 11.2019 to thc respondent No.2 in respect of thc land admcasuring to an extent of Ac.1-3g guntas ln Sy.No.62/A situated at Bahadurpally Village, Dundigal Gandi Maisamma Manda_I, Medchal-Malkajgiri District, the respondent No.2 uide proceedings dated 11.12.2O19 in Lr.No.2/t 19/19/TS-RU to the respondent No.3 with regar.ffi the cncroachment. Conse quently, the rcspondent No.4-Tat-rsildar issued impugned notice in proceedings bearing No.B / 256 / 2O2O datcd 18.08.2020 to the petitioner. Aggrieved by thc action of the respondent 2 SI(, J \\,P 10699 2020 No.4-Tahsildar, petitioner fired the present writ petition.

3. Learned counsel for the petitioner further submits that without giving proper application to the concerned authority for conducting survey in the subject land, the respondent No.5 has approached the respondent No.2. Mere basing on the representation hled by the respondent No.5, the respondent No.2 herein directed the respondent No.3-District Collector to submit a report indicating the facts and..action taken report with regard to the encroachment of ,thc subject latd. in view of the same, The Joint sub*Registrar addressed a retter in Lr.No.225/2020, dated 29.OZ.2O2O to the respondent No.4_ Tahsiidar and submitted the report of the action taken. Therefore, the respondent No.4-Tahsitdar issued notice bearing No.B/246/2020 datecl r}.o8.2o2o to the petitioner and the same is illegal and arbitrary and requested to allow the writ petition by setting aside the impugned notice bearing No.B246 /2020, dated 78.O8.2O2O.

4. Learned Standing Counsel for the respondent No.2, basing on the counter afhdavit, submits that the .,. ,..1! 3 SK, J \\rP 20699 2020 respondent No.2 has not ordered any inspection, but it has addressed letter to Collector and District Magistrate for submission of facts and action taken report on the petition frled by the respondent No.5 before the respondent No.2

5. Learned Standing Counsel further submits that the respondent No.2 has not ordered any inquiry but addressed a letter and brought the plea of the respondent No.S to the Collector and District Magistrate for submission of facts and action taken report, which is one of the primary mandatc of the respondent No.2 to investigate and monitor all matters relating to the safeguards provided for Schedule Castes under the Constitution or under any other law for the time being in force or under any order of the (iovcrnment and to evaluate the working of such safeguards and to inquire into specific complaints u,ith respect to the deprivation of rights and safeguards of the Scheduled Castes.

6. After hearing both sides and on perusing the entire material on record, this Court is of the considered view that it is made clear that thcrc is no dispute with 4 SK..I vI, 2069r) 2020 regard to the titlc of the subject land i.e. land admeasuring to an extent of Ac.l_38 guntas in Sy.No.62/A situated at Bahadurpally Village, Dundigal Gandi Maisamma Mandal, Medchal-Malkajgiri District. The grievance of the respondent No.5 herein is that the petitioner has constructed a compound wall in the year, 2OlS by encroaching his land. In view of the same, the respondent No.S has made a representation before the respondent No.2. But, the reipondent No.S has not made any application lor conducting survey for his land to an extent of Ac.1-38 guntas in Sy.No.62/A situated at Bahadurpally Village, Dundigal Gandi Maisamma Mandal, Medchal_ Malkajgiri District, whercin thc petitioner has purchased the land admeasuring to an extent of Ac.3g_OO guntas in Sy.No.62/A ald the samc was mutated in the name of the petitioner uide proceedings bearing No.A/86 12/04, dated

70.o9.2004.

7. In vicw of the same, there is a dispute with regard to identihcation ol thc property of the respondent No.5 and he has to makc a proper application to the Revenue - Authorities for demarcation ol boundaries of the subject 5 SK. J wP t0699_1020 Iand. The impugned notice was issued by the respondent No.4 basing on the letter addressed by the respondent No.2 to the respondent No.3 and on oral enquiry conducted by the respondent No.4. But, no where mentioned about either party made any application for conducting survey for identihcation of their land.

8. In view of the above said obscrvations, the writ petition is disposed of by.setting aside the impugned notice dated 18.08.2020 issued by thc respondent No.4-Tahsildar and granting liberty Lo both thc contcsting parties to make a proper application beforc thc Competent Authorities for conducting survey to demarcal.ion of boundaries as per existing rr.rles. No order as to costs.

9. Miscellaneous petitions, pending, if aly, in this writ petition shall stand closed. No order as to costs //TRUE COPY// SD/.P.GOWRI SHANKAR DEPUW REGISTRAR t secr{f;itrrrrcen State of Telangana at Hyderabad.

1. The Principal Secretary, Department of Revenue, BSRK Bhavan, Tankbund, 2. The Director, National Commission for Schedule Castes, 5, CGO Towers, 3. The District Collector, Medchal-Malkajgiri District, Secunderabad, Tetangana Kavadiguda, Secunderabad. State. To 4 q 6 7 8 the fahsitdar. GandimaisammS, Dundigal Mandal, Medchal-Malkajgiri District. Telangana. Two CCs to GP FOR REVENUE, High Court for the State of Tetangana at Hyderabad. [OUT] One CC to SRI B.NALIN KUMAR. Advocate IoPIICI One CC to SRt N.RAJESHWAR RAO, Aovoiate iOFuCl Two CD Copies SA GJP j- :-;t ,, i -.: .. r, I - r-_".y':nsixxaa-iBrsTir:1Er=--:rw.r:e*_'-'j'-.i'.?x..r..rrrnt \\ I l I , ,/ /,. :: /+ ,i' 2 b IUB ZMr * ! )i \- (-').Y -;, ,/ HIGH COURT DATED:2810412025 ORDER WP.No.20699 of 2020 DISPOSING OF THE W.P WITHOUT COSTS. // 1.4 ,*