High Court · 2025

Petition under Arttcle 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 particularly one in the natureofWR|ToFluANDAtuUSdeclaringimpugnedactionoftheRespondent officials in interferlng with the peaceful physical possession and enjoyment of the Petitioner in respect o{ his absolute property to an extent of about 3442'55 Sq Yards, in Sy. No. 125 and 126 in plot no 30' 31 ' 32' 33' 34' 35' 36 and 37 situated at Khanapuram Haveli, Khammam District as arbitrary' illegal' capricious, high-handed, violative of Articles 14' 21 and the guarantee under *-:-- 7 in,ln Re Demolrtions,, ,Rajendri,r Article 300-r\ ,rf rre constitution of rndia apart from bei-rg ir vioration of the principres of n.'rtL- rar.lustice and fair pray and the raw Iai,J down i:y the Honourabre Apex Court,n its; €)xpressions Kumar Barjatya and Another '''s ri p Awas Evam Vikaas parishad ancr ors., and ,Korkatta t\,4unicipal crt.. or;t.ion and Anr Vs Bimal Kumar She,h :rnd others, and consequen'y' o rt rect the Respondent officiars to refrain fror-r interfering with the physicar pe:a::fur possession and absorute enjoyment of rhe ownership of Petitioner in e';pect of the rand of an extent of about .344t' .55 Sq yards, in Sy. No. 125 and .2() n plot no. 30, 31, 32,33,34,35,36 anJ 37 situated at Khanapuram Hi,v,: i Khammam District in any manner vrrhatr;oev:r. lA NO: 1 oF 20115 Petition r itJ';' Sectron 151 Cpc praying that in the ( ircurnstances stated in the affidavi- f irec n support of the petition, the High court mz,y be preased to DIRECT the Res,'rrdent officiars to refrain from interferirg with the physicar peacefur physicar r'rssession and continuous enjoyment .f *re ownership of Petitioner in rt:s -rect of property to an extent of about 2t\7g.,11 S 1 A,4eters, in Sy. No. 125 and 1:t6 n plot no.30,3i, 32,33,34,35,36 and 37 situated at Khanapuram Ila vrli Khammam District in any mannerr wrats,rever incruding dispossession pt;nr1 11g disposal of the above writ petition Counsel for thr: Det tioner: SRI M.V.B.S.NARASIMHA ANUDETEp Counsel for th. Flest,ondent No.1 to 4: SRI L.RAVINDER. AGp FOR REVENUE Counsel forther Filespondent No.5: SRI M.A.HAROON AMJAD, SC: FOR KMC The Court made .thr: f ollowing: ORDER THE HON'BLE SRI JUSTICE c.v.BHASKAR REDDY trIRIT PETITION No. 17ol27 of2025 ORDER: This writ petition is hled seeking following relief: "For the reasons stated in the accomPanying affidavit' it is hereby prayed that this Hon'ble Court may be pleased to issue an appropriate Writ' order or direction particularly one in the nature of WRIT OF MANDAMUS declaring impugned action of the Respondent ofhcials in interfering with tl.e peaceful physical possession and enjoyment of the Petitioner in respect of his absolute property to an extent of about 3442.55 Sq Yards, in Sy. No' 125 and 126 in plot no 30' 31' 32' 33' 34' 35' 36 and 37 situated at Khanapuram Haveli, Khammam District as arbitrary, illegal, capricious' high-handed, violative of Articles 14,21 arid' the guarantee under Article 300-A of the Constitution of India apart from being in violation of the principles of natural justice and fair play and the law laid down by the Honourable Apex Court in its expressions in "ln Re Demolitions", 'Rajendra Kumar Barjatya and Another Vs U P Awas Evam Vikaas Parishad and ors.' and "Kolkatta Municipal corporation & Anr Vs Bimal Kumar Shah and others' and consequently, to direct the Respondent officials to refrain from interfering with the physical peaceful possession and absolute enjoyment of the ownership of Petitroner in respect of the land of an extent of about 3442 55 Sq Yards, in Sy. No. 125 arrd 126 in plot no- 30, 31' 32' 33' 34' 35' 36 and 37 situated at Khanapuram Haveli, Khammam District in any manner whatsoever and pass such other order or orders as this Honourable court may deem ht and proper in the circumstances of the case and in the interests ofjustice "

2. It is stated that the petitioners are the absolute joint owners and possessors of land admeasuring to an extent of 3182'00 square yards in Survey Nos. 125 arld 126, comprising of Plot Nos'30 ' 32' 33' 34' 35' 36 and 37, situated at Khanapuram Haveli, Khammam District' having acquired the Sale Deed bearing Document No'5164 of 20ll sarrle through registered further stated that the 1st petitioner acquired dated. 24.06:20ll. It is a<ftltional land edqeasuring to an extent of 260'55 square yards in Survey Nos.125 arrd 126 corresponding to Plot No'31 in the same locality through I I 2 CVBR, J W.P. No. 17O27 of 2025 registered Sale De ed bearing Document No.215o of :2o1r| d,aaed, 27.o2.2or3. It is further sti: tr:rl that the petitioners have also obtained r.egurarization of their respectiv.: Jr oLs in the month of March, 2,072. ui,Ce proceedings Roc.No.Gi/LIIS lL)93/2013 for plot Nos.3O, 32, 33,34, 35, 36 and 37 and Roc No.Gl/L?:. I : q9/2013 for plo. No.3l. It is lurtlrer. .;tared that the western bourrcl:rry of the subject plots were originally derlarcated by a stream (vaagtr). I- is further stated that as part ol. effrrrts to develop the Lakkaram cher u',,., (large pond) and transform it into a recreational or tourist spot, irr crr bankment (karakatta) has been constlxlted around it and in the pr, ,c : ; s, the natural inlets (thumulu) i.e , ri Linu,ater drain channels thror:gr rrrich flood waters would flow into the,:heruvu have been closed' The grie'i.rce of the petitioners is that some indrviduals acting under the expricrit ,i Lrections of the respondent authcrriti.s h,rve unlawfury attempted to en1'er i,to the subject plots of the petiti.ners an d during their absence, the5r Jra v-', :xcavated trenches around the sutrjcct pror:s and iiregaly connected it tc tt-ri,stream (vaagu), resulting in physi.al <iamirge as well as partial disposst:s:;ior r of Lhe subject plots of the petitioners.

3. Cor-rsrcler:d the submissions of the learned cor.rnsel for the petitioners and i:rr. l,.Ravinder, learned Assistant Governmer t pleader for Revenue appeari: rg iir respondent Nos. 1 to 4 and wir.h tlreir consent, this writ petition is tlis;p,l ;,3d of at the admission stage l I i 3 CVBR, J W.P.No.17O27 of 2O25

4. Learned counsel for the petitioners contended that the action of the respondents in interfering with the peaceful physical possession of the subject plots of the petitioners without issuing notice amounts to violation of principles of natural justice and also Articles 14,-21 and 300-A of the Constitution of India. 5 appearing purchased Per contra, learned Assistant Government Pleader for Revenue for respondent Nos.1 to 4 contended that the subject plots by the petitioners are abutting to the NALA and when the petitioners made efforts to encroach the NALA, the respondent authorities are taking action on the said encroachment. Learned Assistant Government Pleader further contended that as per Section 24 of th,e Telangana Land Revenue Act, 1317 Fasli, all public roads, lanes, paths, bridges, ditches' dikes, rivers, streams, tanks, ponds, canals, lakes and flowing water and all lalds are vested with the State free from all encumbrances and the respondent authorities are entitled to protect the same from encroachments.

6. Be that as it may, since the case of the petitioners is that they have purchased the subject plots under registered Sale Deeds bearing Document Nos.5164 0f 2011 dated 24.06.2011 andt2150 0f 2013 dated 2T.o2.2ol3andthesaidplotswerealsoregularizedundertheLand Regularization Scheme' introduced by the Government uide proceedings Roc.No.G1lLRS/1393/2013 for Plot Nos.30, 32,33,34,35,36 and 37 and Roc-!.Ig"G 1/ LRS /1999 /2013 for Plot No.3 1, before taking any action on the ! f:5 .4.,W. I \ 4 CVBR,J' 1 W.P.\o.17027 of 2025 subject plots ol 1,r: petitioners, the respondent authc)riti€,s have to follow the due procedur e b!' (ronducting survey and demarcaticn (,f th e subject plots. The issues ivhe1l r'r the subject plots purchased by rhe petitioners are forming part or'ari'- NALA or any water channel vested in the State under Section 24 oI t rc lelangana Land Revenue Act, 1317 F,rsri and also under the plovisions; .f :lr: Telangana Irrigation Act, 1357 Fasli are to be examined only after ctrrd':cting survey and demarcation of -he subject plots. Therefore, the r-s; t,ndent authorities are not having any pov.'er or authority to interfere into tl'r: possession of the subject plots ol th. pe itioners unless and until the srrn'r.r'and demarcation has been condqcte i by the competent authorit5r. 7 . Sinr.e it is the case of the petitioners thar_ thr resrpondents have not followed th. 11 rections rssued by this court in w.p No.:.171 ro of 2024 and batch and t ee clecisions of the Hontrle Apex Cou;.t in Ral,end.ra Kumar Bafiatga and ornother us. IJ.p. Aaas Euam Vikds po;ris;holctt and. otherst, this court is of r hr: c pinion that ends of justice would be .et :f the Assistant Director, Surver a td Land Records is directed to <:e1d uct suruey of the subject plots pu':c]'rased by the petitioners and if any of the strbject plots are forming part ,:f A'li -As/water channels and are in encroachment of the NAlAs/water c h,rn rLr:ls, the respondents are directed to fo[ow the guiderines issued by this c:,;rt in w'p.No.271ro of 2024 and batch and aiso the Apex t Civil Appeal Nc. I 4 i I4 of 2024 dated, t7 . t2.2O24 i I ; I I i I i I t. ,t I I I 5 CVBR, J W.P.No.17O27 of 2O25 ,l :-:., I Court in RaJendra Kumar BarJatga (supra) strictly, before initiating any action.

8. With the above observations, this Writ Petition is disposed of. There sha-ll be no order as to costs. Miscellaneous applications pending, if any, shall stand closed. //TRUE COPY// SD/. A. SRINIVASA REDDY ASSIST ANT REGISTRAR SECTION OFFICER Revenue, secretariat Buildings, Hyderabad' To,

1. The PrinciPal Secretary, Telangana State. The District Collector, Khammam District' Collectorate Building Khammam Town and District

3. The Revenue Divisional Officer, Khammam Town and District Revenue Division Khammam 4 The Tahsildar, Khammam (Urban) It/andal' Khanapuram Haveli' Khammam Town and District.

5.TheCommissioner,KhammamtrilunicipalCorporation,Khammam. 6. One CC to SRI IU.V.B.S NARASIMHA ANUDEEP' Advocate IOPUCI 7. One CC to SRI tvl A.HAROON AMJAD' SC FOR KIvIC [OPUCI B. Two CCs to GP FOR REVENUE' High Court for the State of Telangana at Hyderabad [OUT] Two CD CoPies o BSR GJP HIGH COUIIT DATED:2 0l(OOt2O2S \ CC TODAY I : l i i i I i ; f t I I I I I i I I I I I I i I ORDER WP.No.1V02!j7 of 2O2S o THE S T4 tLil 2025 2 o() -t- ) DISPOSINC} r(1p THE WR|T pETtTtON, WITHOUT COSTS f r )