High Court · 2025

2. Saleha Begum, Wo.Sri Shaik Osman Aged about 38 years, Occ Household, Fl/o, Nagaram Village, Nizamabad MaMal, Nizamabad District.

3. Khalida Begum, Wo.Sri Shaik Fayaz Aged aboul 42 years, Occ Household. Ryo. Nagaram Village, N2amabad Mandal, Nizamabad District.

4. Meharunnisa Begum, Wo.Sri Azeem Ahmed Aged about 35 years, Occ Household, Fl/o.Nagaram Village, Nizamabad Mandal, Nizamabad District. 5. K.Kamala Bai, Wo. Sri Ratan Singh Aged about 56 years, Occ Household, Rl/o,Nagaram Village, Nizamabad Mandal, Nizamabad District.

6. Sunitha, W/o.Sri Chandrakanth Aged about 37 years, Occ Household. Fi"/o. Nagaram Village, Nizamabad Mandal, Nizamabad District.

7. K.Gita Bai, Wo.Sri Jai Singh Aged about 44 years, Occ Househoid. Rl/o.Nagaram Village, Nizamabad Mandal, Nizamabad District.

8. M.Kalyani, Wo.Sri M.Swamy Aged about 34 years, Occ Household. R:io. Nagaram Village, Nizamabad Mandal, Mzamabad Distrjct. AND 1 2 State of Telangana, rep. by its Principal Secretary, Municipal Administration a nd U rba n Devebprnent Depa rtrnent, Secretariat, Hyde rabad. Municipal Corporation of Nizamabad, Rep. by ks Commissioner, Nizamabad, Nizamabad District. ...PETITIONERS

3. The District Collector, Nizamabad District, at Nizamabad 4. Tahsildar, Nizamabad MaMal, Nizamabad 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 issue a writ, order or direc{ion more particularly one in the nature of I I I I I i ! Writ of Mandamus declaring the high handed action of the 2 respondent in trying to demolish the small houses of the petitioners which were constructed on the in the year 2005 in basis of the issuance of patta certificate to the petition€rs respect of land admeasuring 60 sq. yards each, under sy.no.2142, 2143 and 2144, situated at Nagaram Village, Nizamabad Mandal, Nizamabad District, by way of dispossessing the petitioners, under the instigation of the 4th respondent, on the assumption of encroaching Government land without following the procedure contemplated under law, as illegal, arbitrary, unjust, unconstitutional, violation of principles of natural justice and also in violation of Articles 14,21 and 300-4 of Constitution of lndia and against the provisions of AP Assigned Lands (Prohibition of Transfers) Act, 1977 and the Rules made thereunder, and consequently direct the respondents 2 and 4 not to demolish the small houses of the petitioners by way of dispossessing the petitioners from the subject lands, without following the procedure contemplated under law. l.A. NO: 1 OF 201S(WPMP. NO: 11897 OF 2015) 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 2 and 4 not to demolish the houses of the petitioners by way of dispossessing them from their peaceful possession and enjoyment over the land admeasuring 60 sq. yards each, under sy.no.2142, 2143 & 2144, situated at Nagaram Village, Nizamabad Mandal, Nizamabad District, without following the procedure contemplated under the law, pending disposal of the writ petition. Counsel for the Petitioners: SRI VINAY KUMAR, REP. FOR SRI MOHD MOIN AHMED QUADRI counsel for the Respondent No.1: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent No.2: SRI V.SATYAM REDDY, SC FOR MCPL Counsel for the Respondent No.3 & 4: AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.9O41 of 2Ol5 ORDER: This writ petition is filed to declare the action of respondent Nos.2 in trying to demolish the houses of petiti,oners in Sy.Nos.2 142, 2143 arrd 2144, situated at Nagaram Village, Nizamabad District, at the instigation of respondent No.4, as illegal, arbitrary and in violation of Articles 14,21 ar:,d 3O0-A of Constitution of India and consequently, to direct the respondent Nos.2 and 4 not to demolish the houses of the petitioners without following due process of law.

2. Heard Sri Vinay Kumar, learned Counsel representing Sri Mohd. Moin Ahmed Quadri, learned Counsel for the petitioners on record, Sri V.Satyam Reddy, learned Counsei for respondent No.2 and learned Assistant Government Pleader for Revenue. I

3. l,earned Counsel for petitioners would submit that petitioners are the lawful owners arld poss€ssors of land admeasuring 60 Sq.yrds each in Sy.Nos.2142, 2143 and 2144, situated at Nagaram Village, Nizamabad District, having acquired the same by way of assignment pattas issued by I I 2 respondent No.4; that petitioners constructed houses in the said plots by obtaining loan from Andhra Pradesh State Housing Corporation Limited (APSHCL) and also obtained electicity and water connection and have been paying property tax regularly. While the matter stood thus, on 27.03.2015, the ollicials of respondent No.2 at the instigation of respondent No.4 tried to demolish the houses of petitioners by dispossessing them on the ground that they are illegal encroachers; that with the intervention of local elders and social workers, petitioners could resist them. He further submitted that before taking drastic step of demolition of houses, the respondents have neither issued notice nor followed the procedure contemplated under law. Therefore, the present Writ Petition.

4. This Court uide Order dated O1.O4.2O15, granted Status- Quo and the samc was extended until further Orders on

04.06.201s.

5. The learned Standing Counsel for respondent No.2 would submit that pursuant to interim Orders passed by this Court, respondents did not take further steps to dispossess tJre petitioners or demolish the houses of the petitioners. Learned Starding Counsel further submitted that respondent No.2 ltIII i J would fiollow due procedure as contemplated under law before taking any step to demolish the houses of the petitroners.

6. In view of the aforesaid submission made by the learned Standing Counsel for respondent No.2, this Writ Petition is disposed of directing the respondents not to interf,ere with the possession and enjoyment of the petitioners in respect of subject houses, except. in accordance with the due procedure laid down under law. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. To, //TRUE COPY// SD/.M. NAGAMANI ASSISTANT REGISTRAR SECTION OFFICER

1. The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad, State of Telangana.

2. The Commissioner, Municipal Corporation of Nizamabad, Nizamabad, Nrzamahad Districl

3. The District Collector, Nizamabad District, at Nizamabad. 4. The Tahsildar, Nizamabad Mandal, Nizamabad District. 5, One CC to SRI MOHD tilOlN AHMED QUADRI, Adrccate [OPUC] 6. OneCCto SRI V.SATYAM REDDY, SC FORMCPL{OPUCI 7. Two CCs to GP FOR N/CPL ADMN & URBAN DEV, High Court for the State of Telangana [OUT]

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

9. Two CD Copies BSR BS e? HIGH COURT DATED:0611012025 ORDER WP.No.9O41 o12015 e I4 2 { JAil 2026 I * PAT DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 6v 6,t\