The High Court · 2025

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 pa(icularly one in the nature of writ of Mandamus declaring the inaction on the part of the respondents 2 to 4 herein as sought by the petitioner herein through his representation dated o,-o4-2o22 as highly illegal, arbitrary and unconstitutional being violation of Articles 14,21 and 300-4 of the constitution of lndia and also violate of principles of natural justice and consequently direct the respondents 2 to 4 herein should not disturb the peaceful position and damages to his reputation and financial should be born by the unlawful officials without following due process of course an demolition of property and in the interest of justice. 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 direct the respondents 2 to 4 to stringent action also to be taken against Respondent No. 4 suspend from services for this unlaMul act and damaging t1o constructed house and reputation. Counsel for the Petitioner: SRl. K MURALIDHAR Counsel for the Respondents: SRI L. RAVINDER AGP FOR REVENUE The Court made the following: ORDER -7/ HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No. 18624 of 2025 ORDER I I is stated that the petitioner is the owner of house plot bearing No.714/5 admeasuring 230 square yards, forming part of Sy.Nos.320/ rlA, 32OlllAA, 32O12, 324 and 32611 and 2, Ward No.8, Block No. 1, situated at Shaikpet Village, Hyderabad District' having purchased the same through registered sale deed bearing documentNo.1071of20il,datedl5'04'20i1'ltisfurtherstated that, uide G.O.Ms.No.232, M.A., dated 18'03'1981, the vendor of the petitioncr r,'"'as allotted the land admeasuring Ac'65 07 guntas forming part of Sy.Nos.320/ I lA' 32O llAA, 32O12, 324 ard 3261 | and its sub-division numbers of Shaikpet Revenue Village' It is further stated that when disputes arose over the subject land for idcntihcation and fixation of the boundaries, the ofhce of the Tahsildar-respondenL No.4 had issued letter.No'D154212075' dated. 22.07.2015 stating that the petitioner's land in T'S'No'11' Block-G, Ward 13 is correlated to Sy.Nos 32O, 324 and 326of Shaikpet Village. The grievance of the petitioner is that, at the instance of the third parties and claiming the property which is in the occupation of the petitioner is falling under the ceiling surplus lands, the revenue authorities have partly demolished the structures. Hence, this writ petition' '1 2 CVBR, J wp 18624 2025

2. Considered the submissions of the learnec] r:ounsel for the petitioners; Sri L.Ravinder, learned Assistant Gov,:rnment Pleader for Revenue appearing for respondent Nos.1 to .l and with their consent, this writ petition is being disposed of al [he admission stage.

3. Learned counsel for the petitioner has sut: ntitted that the respondent authorities, without issuing any not.ic( and without foilowing the procedure as contemplated under ia.,v, have partly demolished the structures existing in the subject lrtr-r:1.

4. Sri L.Ravinder, learned Assistant Governme;rt pleader for Revenue appearing for respondent Nos. I to 4, has submitted that the alleged house construction made by the petitior: er forms part of ceiling surplus land ald any permission granted bv the Municipal Corporation does not disentitle the respondent authorities to evict the encroachers, who are in occupation of lhe Gover.n ment land.

5. Admittedly, it is the case of the petitioner th at the petitioner had purchased the subject properry through registr.red sale deed and thereafter, he had obtained building permiss.or-r in the year 2022 uide Permit No.158638144Oa/ }HMCt'2022, dared

08.O4.2022 and with his hard earnings he had alsr> r;onstructed a house therein. ---7,/ \ \ 3 CVBR. J \!'p 16624 2025

6. It is settled law that if thc Govcrnment or the Governmental Agencies have an-y right or claim ovcr the property in the occupation of .the petitioner, the minimum requirement is that they should follow the principles of .atural justice i_e., issuance of notice and after conducting enquiry,, rhey are entitled to take appropriate recourse as availablc undcr law. 7 Cour Prima facie, it appears from the rccord that the respondent authorities have not follorved the proccdure and their action of demolition is gross violation of the principlcs of natural justice and ttp violation of the guiclelrnes issued by the Honble Apex t t in Rajendra Kumar Barjatya and. q.nother us. U.p. Aaas Eaam Vikas pc,rishad and. othersj, wherein the Apex Court directed lhe respondents thercin to lbllou, due procedure for removal of illegal and unauthorised constructions. If the respondents have not follorved the procedure as prescribed under law and in an arbitrary manner, have demolished the constructions carried on by the petitioner, the petitioner is at liberty to institute a suit for compensation/ damages for illegal action on the part of the respondents. If the respondents have any claim over the subject property, they are directed to follow the due I civil Appeat No. 14604 of 2024 dated 17.12.2024 4 ( \'B lt, J \\p I li6lJ 2025 procedure in accordance with [aw. [t is made ck.rtr thzrt cxcept as per the procedure prescribed under law, the rt:::trrntlcnts do not have any right or authority to interferr: r', r:lL thc peaceful possession of the petitioner over the subject )1op(.rl\ in an5, manner

8. With the above observations, this Writ petiri,,r is clisposed of. There shall be no order as to costs.

9. As a sequel thereto, miscellaneous pctition: l'anr, pcnding shall stand closed. //TRUE COPYII D/. A. JAYASREE SI TANT REGISTRAR d ECTION OFFICER Ab i\' l! i \ To, I The Principal secretary Revenue Department, Dr BR Atrerckar Secretariat, Hyderabad.

2. The District collector, The Hyderabad colrectorate, Lakc it,apoor, Hyderabad 3. Revenue Divisional Officer, Minister Road, Begumpet, Ser;underabad. 4 5 b 7 KKS PVL The Mandal Revenue Officer, Shaik Mandal, Road No. 2t, Shaikpeta, Banjara Hills, Hyderabad. One CC to SRI K MURALIDHAR Advocate tOpUCI Two CCs to GP FOR REVENUE ,High Court for the State, of Telangana [our] Two CD Copies s HIGH COURT DATED:0210712025 ORDER WP.No.18624 ot 2025 o 2 t siP 2U5 * ,.i' ,// c tr, . ,r, DISPOSING THE WRIT PETITION WITHOUT COSTS ?b 1