✦ High Court of India · 08 Jul 2025

High Court · 2025

Case Details High Court of India · 08 Jul 2025
Court
High Court of India
Decided
08 Jul 2025
Bench
Not available
Length
2,935 words

Between: 'I . B. .Em Jagadee^shwar. Rao, S/o B. Ramappadu, Aged 60 years, Occ private ployee, R./o H. No. 3-1 1-92, RTC Coiony, L. A.-Nigjr, fiyO"iiOiO. '-'- K. Yadaiah, S/o K. Ramulu,..ASg{ g? years, Occ private Employee, F/o Kompally Vittage, Munugodu Manldat, ruafjonOa Oisinci P. Janardhan Reddy, S/o Narayana Reddy, Aged 55 years, Occ private Emptoyee, R/o H. No. 3- 13- 49i'Bh;rri'r;;#r, L:; Nasar. Hyderabad Chittem Anasuvamma. W/o.Kandawalli Raju, Aged 51 years, Occ Employee, Rro H. No. 3- 1i- 1t- +oz. snaiiinnis;r;L-:i,.'N'";;; Lyoerabad. Kaithi Mah_eshwari, W/o Late K. Narsimha, Aged 55 years, Occ Govt. Employee, Rl/o H. No. 4-s- 163t1, R r. a. Co6;ililya*,nlsir,'Hvo"rro-#' Qadd^am Venugopal Reddy,.S/o G. Chandrashekar Reddy, Aged 52 years, Occ Private Emptoyee, R/o-H. No. j6_ 10- 1460, Sr.liu, i.lrgZi, W#"*,1""'' Smt. Gaddam Pavani. W/o G Venugopal Reddy, Aged 50 years. Occ Housewife, R/o H. No. i6- jO- j360, Sr.'riir-Ggait';rrngrl Smt. Keesara Maniula. W/o K. Amarender Reddy, Aged 45 years, Housewife,_ R/o Bo'drai Bazar, NarsimnipLrir-Viruge, Mothey Man Urlugunda Post, Nalgonda District. 9 Beeravelli Chandana, D/o B- Vasudeva Reddy, Aged 2g years, Rt/o H. No. 3_ 55/C, Pini Reddy Gudem Viilage, Goapataprijr,'Rnarr6. fjtriri"t. '" " 10. Smt. Kunduru Laxmi, Wo K. Someshwar Reddy, Aged 64 years, Occ Housewife, R/o ptot No. 38i, Meerpet. t<riifra flilr'r, frldura eli. fr,vO"*Ui'O " 11. Matta Rahul Reddv. S/o M. Damoder Reddy, Aqed 32 years, Occ Employee. Fr/o H. No. 16-11-1'6tptDtA, erasninin r.ri-gii, i'iXiir,"rfiorgri, HF"r6;1"" '12. smt lvlatta sridevi, wo M. Damoder Reddy, Aqed 54 years, occ Housewife. Ryo H. No 1 6-1 1 -1 6tp tD I A, prashanrh Na-gZl,'Ul"oir rrrorgh, Hyderabad. Private Employee. - R/o n l,jio-rl:i6)plo7n, '' pirrnJ"li"" 1jrdJi 13. Matta Damoder Reddy, S/o M.. Satyanarayana Reddy, Aged 62 years, Occ 14. Kunduru Praveen Reddy-, S/o K. Someshwar Reddy, Aged 46 years, Occ Private Emptoyee, R/o Flot No 381. n,teerpei,'ririsnna"Naqai,,N/;r-i; X; Hyderabad. 15.Sabbi Rajeshwar Rao, S/o S. Narsimha. Aged 46 years, Occ Business, FIo H. Moosarambagh, Hyderabad. No. 16- 11- 530, Gaddiannaram, Ditsuihnalar, tiyt-eraOaO. Occ dal.

16.Smt. Sabbi Girija, W/o S. Rajeshwar Rao, Aged 44 year:;, Occ Housewife, FJo H. No. 16- 11- 530, Gaddianharam, Dilsukhnagar, Hyderabad

17.S. Shivaranjani, W/o S. Gyaneshwar Rao, Aged 45 y'lars, Occ Housewife' Rt/o H. No. io- t t- Sao, Gaddiannaram, Dilsukhnagar, Hyderabad.

18. Smt. Sabbi Gayatri, Wo S. Venkata Rathnam, AgeC 47 years' Occ Housewife, R/o H. NO. 16- 39/58, Thirumalagiri, Hyderabad.

19.Sabbi Anjaiah, S/o S. Muthuyalu, Aged 55 years' Occ Business, Fl/o H. No. 16- 1 1- 528, Gaddiannaram, Dilsukhnagar, Hyderabad.

20.Tirumala Reddy Chenna Reddy, S/o T. Reddy Peddi Red'ly, Aged 55.years' Occ Business,-Rl/o H. NO. 19- 52, Susheel Nilayam, Kodandaram Nagar, Drlsukhnagar.

21.B. Ramesh, S/o Mallaiah, Aged 43 years, Occ Private limployee, Rl/o H No' 3- 13- 554, N. T. R. Nagar, L. B. Nagar, Hyderabad. ...PETITIONERS AND 1 The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad. 2 3 4 5 The District Collector, Ranga Reddy Dislrict, Ranga Reddy The Revenue Divisional Officer, lbrahimpatnam, Ranga Reddy District The Tahsildar, Abdullapurmet Mandal, Ranga Reddy Dis;trict. The Station House Officer, Abdullapurmet Police Station, Abdullapurmet, Ranga Reddy District. ...RESPONDENTS Petition under Article 226 of lhe 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 I\/andamus under Art. 226 of lhe ccnstrtution of lndia, or any other appropriate Writ, Order or direction declarirtg the action of the respondents in interfering and thereby trying to dispossess the Petitioners from their respective Plots i.e., Petitioner No 1's open Plct bearing No 387 admeasuring 120 sq. yards in sy. No. 283/12 situated at Abdullapur Village, Hayathnagar Revenue Mandal, presently Abdullapurmet [t/andal, Ranga Reddy District, Petitioner No. 2's open Plot No. 354 and 355 admeasuring 24O sq. yards in sy. No. 283/.12 situated at Abdullapur Village, Hayathnaglar Revenue [Vlandal, presently Abdullapurmet Mandal, Ranga Reddy District, Petitioner No' 3's open Plot No. 333 admeasuring 24O sq. yards in sy. No. 283/',l2 situated at Abdullapur Village, Hayathnagar Revenue Mandal, presently Abdullapr-rrmet Mandal, Ranga Reddy District, Petitioner No. 4',s open Plot Nos. 336 and 337 admeasuring 24O I sQ. yards in Sy. No. 283/12 situated at Abdullapur Village, Hayathnagar Revenue Mandal, presently Abdullapurmet Mandal, Ranga Reddy District, petitioner No.S's open Plot No. 367 and 368 admeasuring 240 sq. yards in Sy_ No. 283/-12 situated at Abdullapur Village, Hayathnagar Revenue Mandal, presently Abdullapurmet lMandal, Ranga Reddy District, petitioner No. 6,s open plot No. 29 admeasuring 208 sq. yards in Sy. No. 283/52 situated at Abdullapur Viilage, Hayathnagar Revenue Mandal, presently Abdullapurmet lrilandal, Ranga Reddy District, Petitioner No.7's open Plot No.28 admeasuring 205 sq. yards in Sy. No. 283/52 situated at Abdullapur village, Hayathnagar Revenue trrlandal, presently Abdullapurmet Mandal, Ranga Reddy District, petitioner No. g's open Plot No. 31 admeasuring 234 sq. yards in sy. No. 2g3l52 situated at Abdullapur Village, Hayathnagar Revenue Mandal, presenfly Abdullapurmet [Vandal, Ranga Reddy District, Petitioner No. 9's open Plot No. 32 admeasurin g 241 sq. yards in Sy. No. 283/52 situated at Abdullapur Village, Hayathnagar Revenue lrrlandal, presently Abdullapurmet lr/landal, Ranga Reddy District, petitioner No. 10,s open Plot No. 24 admeasuring 200 sq. yards in Sy. No. 283/52 situated at Abdullapur Village, Hayathnagar Revenue Mandal, presently Abdullapurmet Mandal, Ranga Reddy District, Petitioner No. 1 1's open plot No.25 admeasuring 200 sq. yards in Sy. No. 283/52 situated at Abdullapur Village, Hayathnagar Revenue lrrlandal, presently Abdullapurmet Mandal, Ranga Reddy District, petitioner No. .12's open Plot No. 27 admeasuring 300 sq. yards in sy. No. 283/52 situated at Abdullapur Village, Hayathnagar Revenue Mandal, presenfly Abdullapurmet lr/andal, Ranga Reddy District, Petitioner No. 13's open Plot No. 26 admeasuring 200 sq. yards in Sy. No. 283/52 sitirated at Abdullapur Village, Hayathnagar Revenue tVIandal, presently Abdullapurmet Mandal, Ranga Reddy District, petitioner No. .14's open Plot No. 23 admeasuring 200 sq. yards in Sy. No. 283/52 situated at Abduilapur Village, Hayathnagar Revenue Mandal, presenfly Abdullapurmet lVlandal, Ranga Reddy District, Petitioner No. 15's open plot No. 20 admeasuring 200 sq. yards in Sy. No. 283/52 situated at Abdullapur Village, Hayathnagar Revenue tvlandal, presently Abdullapurmet Mandal, Ranga Reddy District, petitioner No_ 16,s open Plot No. 2'l admeasuring 200 sq. yards in Sy. No. 283/52 situated at Abdullapur Village, Hayathnagar Revenue Mandal, presently Abdullapurmet l\i4andal, Ranga Reddy District, Petitioner No. 'l 7's open Plot No. 10 admeasuring 204 sq. yards in Sy. No. 283/52 situated at Abdullapur Village, Hayathnagar Revenue I\/andal, presently Abdullapurmet Mandal, Ranga Reddy District, Pe:itioner No. 18's open Plot No. 22 admeasuring 200 sq. yards in Sy. No. 283/52 s;ituated at Abdullapur Village, Hayathnagar Revenue Mandal, presently Abdullapurntet lVlandal, Ranga Reddy District, Petitioner No. 19's open Plot No. 1 1 admeasuring 251 sq. yards in Sy. No. 283/52 situated at Abdullapur Village, Hayathnallar Revenue Mandal, presently Abdullapurmet Mandal, Ranga Reddy District, Pe.itioner No. 20's open Plot No. 9 admeasuring '187 sq. yards in Sy. No. 283/52 situated at Abdullapur Village, Hayathnagar Revenue Mandal, presently Abdullapurnret l\rlandal, Ranga Reddy District and Petitioner No. 21's open Plot No. 394 adrneasuring 120 Sq. yards in Sy. No. 283/1 2 situated at Abdullapur Village, tlalzathnagar lvlandal, presently Abdullapurmet [/andal, Ranga Reddy District as arbitrary, illegal and violative of Article 14,21 and 300- A of the Constitution of lndia, violation of Principles of natural justice, and contrary to the directions of this Honble Court and consequently direct the respondents to not inte,rfere with peaceful possession and enjoyment in respect of the Petitioners respecl.ive Plots. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the cirr;umstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not interfere with possession ar d enjoyment of the Petitioners respeclive Plots i-e., Petitioner No.1's open F)lo1 bearing No. 387 admeasuring 120 sq. yards in Sy. No. 283/12 situated at Abdullapur Village, Hayathnagar Revenue lvlandal, presently Abdullapurmet [,4andal, Ranga Reddy District, Petitioner No. 2's open Plot No. 354 and 355 admeasuring 240 sq. yards in Sy. No. 283/'12 situated at Abdullapur Village, Hayathnagar Revenue Mandal, presently Abdullapurmet . Mandal, Ranga Reddy District, P€,titioner No. 3's open Plot No. 333 admeasuring 24O sq. yards in Sy. No. 283/12 s;ituated at Abdullapur Village, Hayathnagar Revenue Mandal, presently Abdullapurmet Mandal, Ranga Reddy District, Petitioner No. 4's open Plot Nos. 336 and I;37 admeasuring 240 sq. yards in Sy. No. 283/12 situated at Abdullapur Village, Fayathnagar Revenue Mandal, presently Abdullapurmet l\,4andal, Ranga Reddy District, Petitioner No. 5's open Plot No. 367 and 368 admeasuring 24O sq. yards in Sy. No. 283/'12 situated at Abdullapur Village, Hayathnagar Revenue I,/andal, presently Abdullapurmet l\rlandal, Ranga Reddy District, Petitioner No. 6's open Plot No. 29 admeasuring 208 sq. yards in Sy. No. 283/52 situated at Abdullapur Village, Hayathnagar Revenue Mandal, presently Abdullapurmet ltzlandal, Ranga Reddy District, Petitioner No.7's open Plot No.28 admeasuring 205 sq. yards in Sy. No. 283/52 situated at Abdullapur Village, Hayathnagar Revenue Mandal, presently Abdullapurmet Mandal, Ranga Reddy District, Petitioner No. 8's open Plot No. 31 admeasuring 234 sq. yards in Sy. No. 283/52 situated at Abdullapur Village, Hayathnagar Revenue Mandal, presently Abdullapurmet Mandal, Ranga Reddy District, Petitioner No. 9's open Plot No. 32 adrneasuring 241 sq. yards in Sy. No. 283/52 situated at Abdullapur Village, Hayathnagar Revenue Mandal, presently Abdullapurmet Mandal, Ranga Reddy District, Petitioner No. 10's open Plot No. 24 admeasuring 200 sq. yards in Sy. No. 283/52 situated at Abdullapur Village, Hayathnagar Revenue Mandal, presently Abdullapurmet Mandal, Ranga Reddy District, Petitioner No. 1 1's open Plot No. 25 admeasuring 200 sq. yards in Sy. No. 283/52 situated at Abdullapur Village, Hayathnagar Revenue lvlandal, presently Abdullapurmet ltlandal, Ranga Reddy District, Petitioner No. 12's open Plot No. 27 admeasuring 300 sq. yards in Sy. No. 283i52 situated at Abdullapur Village, Hayathnagar Revenue Mandal, presently Abdullapurmet Mandal, Ranga Reddy District, Pelitioner No. 13's open Plot No. 26 admeasuring 200 sq. yards in Sy. No. 283/52 situated at Abdullapur Village, Hayathnagar Revenue [V1andal, presently Abdullapurmet Mandal, Ranga Reddy District, Petitioner No. 14's open Plot No. 23 admeasuring 200 sq. yards in Sy. No. 283/52 situated at Abdullapur Village, Hayathnagar Revenue Mandal, presently Abdullapurmet Mandal, Ranga Reddy District, Petitioner No. 15's open Plot Nb. 20 admeasuring 200 sq. yards in Sy. No. 283/52 situated at Abdullapur Village, Hayathnagar Revenue Mandal, presently Abdullapurmet Mandal, Ranga Reddy District, Petitioner No. '16's open Plot No. 21 admeasuring 200 sq. yards in Sy. No. 283/52 situated at Abdullapur Village, Hayathnagar Revelue IVlandal, presently Abdullapurmet Mandal, Ranga Reddy District, Petitioner No. 1 7's open Plot No. '10 admeasurihg 204 sq. yards in Sy. No. 283/52 situated at Abdullapur Village, Hayathnagar Revenue lVlandal, presently Abdullapurmet Mandal, Ranga Reddy District, Petitioner No. 18's open PIot No. 22 admeasuring 200 sq. yards in Sy. No.2B3l52 situated at Abdullapur Village, Hayathnagar Revenue Mandal, presently Abdullapurmet Mandal, Ranga Reddy District, Petitioner No. 19's open Plot No. 1'1 admeasuring 25'1 sq. yards in Sy. No. 283/52 situated at Abdullapur Village, Hayathnagar Revenue Mandal, presently Abdullapurmet l\rlandal, Ranga Reddy District, Pe:itioner No. 20's open Plot No. 9 admeasuring 187 sq. yards in Sy. No. 283/52 situated at Abdullapur Village, Hayathnagar Revenue [\,'landal, presently Abdullapurmet lt/andal, Ranga Reddy District and Petitioner No.21's open Plot No. 394 ;rdrneasuring 120 Sq. yards in Sy. No. 283/1 2 situated at Abdullapur Village, []a'lathnagar [V1andal, presently Abdullapurmet Mandal, Ranga Reddy District in any manner. Coundel for the Petitioner: SRI G.SUNDARESAN Counsel for the Respondent No.1 to 4: AGP FOR ASSIGNMENT Counsel for the Respondent No.S: GP FOR HOME The Court made the following: ORDER HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.19483 of 2O25 ORDER: It is stated that the petitioners are claiming to be the owners and possessors of their respective extents of plots in sy.No.283 situated at Abdullapurmet Village, Hayathnagar Mandal having purchased the same through different registered sale deeds as well as unregistered sale deeds from their respective vendors. It is further stated that the vendors of the petitioners have sold the subject plots after obtaining necessary layout permission dated 23.12.1995 from Abdullapur Gram Panchayat. It is also stated that layout permission was granted after obtaining clearance issued by the respondent No.3 vide Lr. No.B1/5768/93 dated 27.1O.1993, wherein it was categorically stated that the lands owned by the vendors of the petitioners and other pattadars in Sy.No.283/ I to 59 and 28411 to 33 of Abdullapur Vilage, Hayathnagar Mandal, Ranga Reddy District are patta lands and not the government lands implemented in supplementary Sethwar issued by the Assistant Director, Survey and Settlement Officer in the year 1983.

2. It is stated that in l-he year 201O the respondents and their subordinates without issuing any notice entered into the 2 CVBR..I wp-19483-202s prots of neighbourin_ ^, boundarl "ror_r..'o"'t* owners and sr Aggrieved o' tnt tt and batch o' .'u""]u-'-' t o uprooting the they preferred t' wherein this court Lo 20 12 directing the ion of the directing the 'oo"" of the same o' ot interfere with the writ petifion apart L to follow due process .r,jl- w.P.No. rg9g6 of was preased to dis respondents 'o, petifioners in the respondents thereir S. The grievance petitioners started encroachment by the 4 objected the fencinr 8overn46r1 of the petitioners is that g their prots to local land grabbers' tt"':::::':J:: recently when the prots with a bonafide . 'uro" ,,t,I"--tl.=:** ": that the sutie<:t lands are rs stated that they have purcrrased their ,T;:':,:i T:l:. ::,::.ff .# ff .:T: Jor the sake of argur:rents if the ;ffi:x# :: ff;T ;,::":" as a.eged by subject lands are orr.rilt" under the 1aw for .."":r;":;: land afresh.

4. Considered learned counsel for submissions the petitioners of Sri G su -1di3rasan, and .learned Assistant -) CVBR, J wp 19483 2025 /, Government pleader and with their consent, this writ petition is being disposed of at the admission stage. The learned counsel for the petitioners submitted that the respondent authorities are not having any power or authority to evict the petitioners as they have purchased the said properties under registered/ unregistered sale deeds. It is further stated that the petitioners belong to below poverty line and they have purchased the subject plots out of their hard earned money. 6. Per contra, the learned Assistant Government pleader for Assignment appearing for the respondents submitted that as per the Khasra pahanis, Setwar, chesra pahanis and other revenue records maintained under the provlsrons of the Telangana Land Revenue Act, 1317 Fasli, lands is classified as .,Kancha which denotes as Government lanils. It is further submitted that the lands which are recorded as Kancha Sarkari, Gairan, porambok and more particularly the grazi.ng lands are not meant for alienation/allotment either under the provisions of the Telangana Land Revenue Act, 1317 Fasli or Board standing orders or the policy enunciated by the state Government vide G.O.Ms.No.1406 dated 2S.OZ.7g1g and the lands classified as the nature of the Sarkari,, T I 4 CVBR, J wp_19483 2025 kancha Sarkari are intended solely for grazin64 and are served for the Purpose of feeding cattle villages. It is further submitted that after conducting socio_economic survey by the Government, if the petitioners are founcl eligible for regularization of the iancis or the allotment of hc,uses under any Government schemes introduced from time to tirne, appropriate ac[ion will be taken to accommodate the eligible pt:rsons under the relevant schemes 7 . Be that as it may, since it is the case of thr: petitioners that they have purchased the subject lands urrde r registered and unregistered saje deeds with a bonafide inrpr.ession that their vendors had valid and bansferable title, thor-rgh without verifying the actual classification of the lancls rn the revenue records, and having regard to the fact that all the petitioners are stated to be persons belonging to the below poverly line category, this Court is of the considered view that the ends of justice would be met if the respondent authorities are directed to conduct a socio_ecronomic survey of the petiticners. In the cvent the petitioners are found eiigible, the reipordents shail consider regularization of their respective plots in ar:cordance u'ith the policy in force or extcnd the benefit of any appropriate E -) CVBR, J wp_19483 2025 Government schemes introduced for such purpose. However, if the petitioners are found ineligible or not in possession of the subject plots so as to claim regularization, it is open to the respondents to proceed in accordance with law by strictly following the due process before taking any action against them.

8. With the above observations, this Writ petition is allowed There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/.MOHD. ISMAIL UTY REGISTRAR CTION OFFICER To,

1. The PrinciPal Secretary, Revenue Hyderabad, State of Telangana' Department, ecretariat Buildings'

2. The District Collector, Ranga Reddy District' Ranga Reddy' 3. The Revenue Divisional Officer, lbrahimpatnam' Ranga Reddy District' 4. TheTahsildir, Abdullapurmet Mandal' Ranga Reddy District' 5. The Station House Officer, Abdullapurmet Police Station' Abdullapurmet' Ranga ReddY District.

6. One CC to SRI G.SUNDARESAN, Advocate [OPUC] T.TwoCCstoGPFORASSIGN[\'4ENT,HighCourtfortheStateofTelanganaat

8. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT] Hyderabad [OUT] o BSR GJP Two CD CoPies /fi- HIGH COURT DATED:0810712025 ORDER WP.No.19483 of 2025 l---:- 2E ,'.':i //. \ i,":ra, i ' Bl SEP \' t,. .i., ':,, \.^ .^ - \'.-: -'" ' ALLOWING THE,WRIT PETITION, WITHOUT COSTS 1 j c\ ?a I i I l

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