Sved Mohammed v. 1. The 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 a Writ' Order or Direction more particularly one in the nature of Writ of Mandamus declaring the actions of the Respondent Nos 3 and 4 in interfering with petitioners possession and enjoyment incruding construction of basementovertheleftoversublectLand,coveredinsyNo'132/1'Situatedat Kismatpur Village, Raiendranagar Mandal' Ranga Reddy District-TS' inspite of receiving the Petitioners Complaint dl'20-02-2)25 as being Unlust' Arbitrary and Discriminatory in nature, violative of Articles 14' 21 ' and 300-A of the Constitution of lndia, and consequently direct the Respondents more particularly the }lgEr Respondent No.2 to consider the in the lnterest of Justice. t.A.NO: 10 F 2025 Petitioner's Compla int dt.2O -02-2025 forthwith, Petition Under Section '151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondent Nos.3 and 4 and their staff to not to interfere with the Petitioners Possession and enjoyment including construction of basement over the left over subject Land covered in Sy.No.132l.r , situated at Kismatpur virage, Rajendranagar Mandal' Ranga Reddy District-TS, in the light of the petitioner,s Complaint dt.2O-02-2OZS, pending disposal of the main writ petition. Counsel for the petitioner : SRI MOHD ZIA-UL_HAeUE Counsel forthe Respondents : Gp FOR REVENUE The Court at the stage of admission made the following ORDER HON'BLE SRI JI'STICE C.V.BHASKAR REDDY WRIT PETITION No.l7L42 0F 2025 ORDER: The Writ Petition is filed, under Aittcle 226 of the Constitution of India, seeking the following relief: "...pleased to issue a Writ, Order or Direction morc particularly one in the n;'.ture of Writ of Maldamus ieclaring the actions of 'espondent Nos 3 ald 4 in interfering with the petitioner's possession and enjoyment including construction of basement over the ieft over subject land covered in Sy.No 132/ 1, situated at Kismatpur Village, Rajendranagar Marrd;rl, Ranga Reddy District, T S , in .Ipite Lf receiving the petitioner's complaint . dated 2O.o4.2O25 as being Unjust, 1''rbitrary aid Discriminatory in nature, violative of Artictr:s 14,21 arrd 300-A of the Constitution of India, anill 66n5s1uent1y drrect the respondents more particula;ly the responden-t^ No'2 to consider the petitioner's ccmplaint dated 20 'O2 '20'25 forthwith, in the Interest ofJrrstice and pass"'"

2. Considered the submissirtns of the learned counsel for the respective parties and r'r ith their consent, this writ petition is being disposed of at tlre admission stage' It is stated that the lietitioner is the owner and 3. possessor of the land to ar, extent of 80 Sq'yards in Sy.No.132/ 1 situated at Kismatpur Village, Rajendranagar Mandal, Ranga Reddy Distrrc.t and the said lald was allotted/assigned by the Govertrmelt uide House site patta No.B.D/355/2OO2 by responderrt No.3-R.D'O', Chevella, as \ ..t CVBR, J W.P.No. 17142 OF 2O2S per the Board Standing Orders a_nd as per the Telangala Land Revenue Act, i317 Fasli. It is further statecl that in the land allotted to the petitionr:r, he has constructed three mulgies facing the rnain road and eking out.his livelihood by doing small btrsiness. The g:.r:vance of the petitioner is that vzhen he made efforts to r_:Dnstruct a basernent in the remaining small piece of the leftover la,d, the respondents are frequently interfering anci causing inconvenience for the ei-"ioyment of the said property. 4. Learned counsel for th,_, petitioner submitted thirt for the construction of ttre land below 100 Sq.yards, no permission is required from th: municipal_ authorities, as per the various G.O.,s issued froro time to time, but despite the same, the respondents are fr.l:quently interfering and causing in.-onvenicncc fcr the enjoymitnt of the sard properry. 5. Sri L. Ravinder, learnec Assistant Government pieacler for Rcvenue appearing itr trre respondents, u,cul.l submit that since t_ne lretitioner did tot obtain an1, perraission from the rnunicipal-author.ities for proceeding ,"r,ittr the construction nor: placed any I,atta certificate on the file of tl_ris \ L ,/: 3 CVBR, J W.P.No. 17142 OF 2025 In view of the said submissions, to put a quietus to the 6. litigation, the petil-ioner is dire:'-cd to furnish a copy of the house site patta certiflcate on the frle of respondent Nos'3 arrd 4, who in turn shall examine the authenticity and gemrineness of the same. If it is found that the said patta certifrcate is genuine and it cloe'; not require any construction permission from the municipal corporation, the respondent authorities shall not interfere with the construction activity of the petitioner over the said 1an'-1 On the other hand' if it is found that the said certihcate is not emanated from the offrce of the respondents, and its penuineness is doubtful' the respondent authorities shall conduct enquiry and take appropriate action strictly in ac'-ordance with law' 7 . With the above directions the writ petition is disposed of. No Costs. Consequently, miscellalr:ous applications' if any ' pending shall stand dismissed ' SD/- S . MALLIKARJUNA RAO S TANT REGISTRAR //TRUE COPY// To a*^^+ c '" t. Th" Principal Secretary, Revenue Department' S at Hvderabad.

2. The bistrict Collector ReddY District-TG-50 , Kongara Kalan Village, lbrahimpatnam 1510. ECTION OFFICER riat State of Telangana Mandal, Ranga .i.,,:,'$,.- ,...............t ! 3 4 i[:ifl.'"*t,;#[ft fl E[[lTffits,+1{;fl l{*ffi1:[-J; toshr rvrbHo ztA-uL_HAeuE, Advocate topucl ffi 33 6 7 SA PVLw / I \ \ t I HIGH COURT DATED:2010612025 = /.., t.l 'c<:) i :-' fJ.( (, 15 sEP 206 i, .) r\ a,\*'\Qg, -,, ORDER WP.No.17142 of 2O2S I t t I DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. 1O 4e't \k-.:^s --<\4\n'