M/s. Sai Chaitanya Housing Pvt 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 of Mandamus or any other appropriate writ, order or Direction more particularly one in the nature of Writ of mandamus, to declare the illegal action of the respondents authorities, particularly 2nd respondent to 6th respondent herein, without issuing any notice / memo, by interfering the possession and trying to evict the petitioner company registered lands plots, in- respect of Sy.Nos 457 and 458, an extent of 21.33 gts, situated at situated at Maheswaram Village and Mandal, R. R. District, under lhe guise of impugned memo No- 8239MAKF-llltA2l2OO6-4, dated- 25.O1-2007, issued by the 3rd respondent herein, though the impugned memo neither concerned nor relevant to the petitioner subject rands / prots, the same as been iflegar, arbitrary, unjust and violation of Articre 19 and 300-4 of constitution of lndia and consequentry direct the 2nd respondent to 6th respondent herein, not to dispossess / interfere in the petitioner company registered rands / prots, in-respect of Sy.Nos 457 and 45g, an extent of 21.33 gts, situated at situated at Maheswaram Viflage and Mandar, R. R. District. |.A.NO:1 OF 2017(WPMP. NO:4524 oF 2017) Petition under Section 15'r cpc praying that in the circumstances stated an the affidavit fired in support of the petition, the High court may be preased issue the directions ro the respondent authorities, particurarry 2nct respondent to 6th respondent herein, not to dispossess / interfere, without issuing any notice or following the due process of raw, to the petitioner company or its registered owners of prots' in-respect of Sy.No: 457 & 45g, Acc. 21.33 guntas, situated at Maheswaram Village & tvlandal, R. R. District, pending disposal of the main writ petition. l.A.NO:2 OF 20 17 (WPMP.NO:488 4 0F 20171 Petition Under Section i 51 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to permit the petitioner to fire Additionar materiar papers in the above writ petition, in the interest of iustice. t.A.NO: 3 0F 2017 WPMP.NO:9007 oF 2017 Petition Under section r51 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to pass necessary orders and permit the petitioner to file additional affidavit in the present writ petition, in the interest of justice. Counsel for the petitioner : SRt SRI S.DINESH 'ALLE NAGESWAR RAO, ADVOCATE FOR Counsel forthe Respondent Nos.l, 2, 4 & S: Gp FOR REVENUE I I I i i I t ,l Counsel for the Respondent No.3 : M/s SOFIA BEGUM Counsel for the Respondent No.6 : Gp FOR HOME The Court made the following ORDER i 1 I i l THE HON'BLE SRI JUSTICE K.SARATH \YRIT PETITION No.38O7 of 2OLZ ORDER: Heard Sri S.Dinesh, learned counsel appearing for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents and perused the entire material on record.

2. Learned Counsel for the petitioner submits that this writ petition is hled by the petitioner declaring the action of the respondent-authorities particularly respondent Nos.2 to 6 herein, without issuing aly notice/ memo by interfering the possession and trying to evict the petitioner company registered lands/ plots, in respect of Sy.Nos.457 and 458, to an extent of Ac.21-33 guntas situated at Maheswaram Village and Maldal, Ranga Reddy District, under the guise of impugned memo No.8239/WAKF-llIl A2/2006-4, dated

25.O1.2OO7, issued by the respondent No.3 herein, though the impugned memo neither concerned nor relevant to the petitioner subject lands/ plots, the sarne as been illegal, arbitrary, unjust and violation of Articles 19 and 300-4 of 2 *.r.n","*, "rif;il Constitution of India arrd consequently, direct the respondent Nos.2 to 6 herein not to dispossess/ interfere in the petitioner company registered rands/ prots in respect of Sy.Nos.457 and 45g, to an extent of Ac.21_33 guntas situated at Maheswaram Village and Mandal, Ranga Reddy District.

3. Learned Counsel for t].e petitioner further submits that while admitting, this Court granted interim o.a"." o., o2'o3.2ol7 i.e., status-quo existing as on that date over the subject property shall be maintained and on 07 .O3.2O17 , the existing interim orders were extended until further orders. However, ttrat will not preclude the respondent_authorities in taking action by following due process of law. In spite of lapse of more than 7 years, the respondents did not choose to fiIe any counter or vacate petition in this m.atter for denying the averments made in the writ alfrdavit ald requested to direct the respondents not to interfere with the possession of the petitioner, without following due process of law. 1 To 3 sr,J w.P.No.38O7 oJ 2077

4. Learned Assistant Government Pleader for Revenue submits that the respondents will follow the procedure contemplated under law before interfering with the possession of the petitioner in the subject property.

5. In view of the submissions made by both sides, the writ petition is disposed of directing the respondents not to interfere with the possession of the petitioner in the subject property, without following due process of law. There shall be no order as to costs 6 As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPYII SD/-V.KAVITHA SISTANT REGISTRAR SECTION OFFICER /,- tariat, State of Ii::,[[Tg.Res |lffilT:"sisrer I etangana at Hyderabad. T.S.

1. The Principal Secretary, Revenue Department, S 2. The District Collector, Ranga Reddy District at Lakidikapool, Hyderabad, TS 3. The Chief Executive office;, Tetang,r" iiri" wrii eoard, Hyderabad, TS, . istra r ( Resistration"& s]r;;.),' ;l;rsroro, ning; Ruodi, t (Resisrration & Stamps), Maheshwaram, Ranga Reddy 6 The S-HO lnspector of police, Shamsabad, Ranga Reddy District, TS. 7 Two CCs to Gp FoR REVENUi, H;il;;rtil",if s,.,. of Tetansana at 8. Two CCs to Gp FbR HO^/E, High Court for the State of Telangana at 9. One CC to SRt PALLE NAGESWAR RAO, Advocate tOpUCl 19 9"" cc to M/s soFrA BEGUM, ;j;;i;iij;L;i" 11. Two CD Copies Yl- Hyderabad. [OUTI Hyderabad. [OUT] SA GJP ( o[( l rtl S i I4 o t) 1 o ,lult ) f l' a ;cll HIGH COURT DATED:2410212025 ORDER WP.No.3807 of 2017 DISPOSING OF THE W.P WITHOUT COSTS. \5 c{kb Y.1 aoF\ a,