High Court · 2025

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' order or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondent No 4 lo 7 in trying to construct a Basthi Davakana by falsely claiming as a government land' without identifying the particular boundaries' over the property belongs to the writ petitioner in land admeasuring Ac. 0-10 Guntas ' in Sy No 436t}t1' situated at Mahabubabad Municipality and mandal' Mahabubabad District ' in spite of showing sale deed' location sketch' 1-b (ROR)' also Non Agriculture Land I I l I I certificates, even though huge extent of land is available in the tVlahabubabad town and other places for construction of Basthi Davakhana, as illegal, arbitrary, against the principles of natural justice & u nco nstitution a I and consequenfly direct the Respondents to not even acquire, interfere, disturb, encroach or grab, the prope(y of the writ petitioner. lA NO: 1 OF 2025 Petition under Section 15'1 CpC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue interim directions on the respondent No.4 to 7, not to acquire, interfere or construct over the land admeasuring Ac. 0-10 Guntas., in Sy_ No. 4361B,11, situated at Mahabubabad Municipality and mandal, Mahabubabad District, belongs to the writ petitioner, till the disposal of above writ petition. Counsel for the Petitioner: SRI KONGALA MOHAN GOUD Counsel for the Respondent No.1, 4 & 5: SRI L.RAVINDER, AGP FOR REVENUE Counsel for the Respondent No.2: AGp FOR MCPL ADMN & URBAN DEV. Counsel for the Respondent No.3 & 7: AGp FOR MEDICAL HEALTH Counsel for the Respondent No.6: SRI PUTTA KRISHNA REDDY, SC FOR MCPL The Court made the following: ORDER -:.. ': ,/' n THE I{ON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.21072 of2025 ORAL ORDER: Heard learned counsel for the petitioner' Mr'L'Ravinder' Iearned Assistant Govemment Pleader for Revenue appearing for respondent Nos.l, 4 and 5, learned Assistant Govemment Pleader for Municipal Administration and Urban Development appearing for respondent No'2, ieamed Assistant Govemment Pleader for Medical Health appcaring for respondent Nos'3 and 7 and Mr.Putta Krishna Reddy, learned Standing Counsel appearing for resPondent No'6'

2. Petitioner herein is claiming that she is the absolute owner and possessor of the land admeasuring Ac'0'10 guntas in Sy.No.436lB/1 situated at Mahabubabad Mandal' on the strength of the registered sale deed bearing Document No'288 of 2020, dated 08.01'2020' She has also obtained conversion proceedings dated 11.03-2020 from the Revenue Divisional Officer, Mahabubabad Division' When Sri Banoth Ravi and another tried to interfere with her possession over the subject 2 property, she has filed a suit in O.S.No.l 14 of 2O2O on the file of the Principal Junior Civil Judge, Mahabubabad. Leamed trial Court granted interim injunction in favour of the petitioner in the said suit, the said suit is pending and the said interim order is in subsistence. Even then respondent Nos.4 to 7 are interfering with the possession of the petitioner over the subject property and they are trying to dispossess the petitioner u,der the guise of the construction of Basthi Davakhana (Urban Primay Health Centr.e - UPHC), without foflowing the due procedure laid down under the law. Challenging the said action of lespondent Nos.4 to 7, petitioner filed the present writ petition.

3. Mr.Putta Krishna Reddy, leamed Standing Counsel appearing for respondent No.6 has produced written instructions of respondent No.6, wherein it was stated that respondent No.5 - Tahsildhar, Mahabubabad, has already conducted panchanama and handed over the land admeasuring Ac.0.06 gu,tas in Sy.No.504/p, situated at Mahabubabad to respondent No.6 Municipality for the purpose of i -wr '';.:t'It a') 3 construction of UPHC' Therefore' they never tried to dispossess the petitioner from the subject propefty'

4. The aforesaid facts would reveal that the petitioner herein is claiming that the subject property is in Sy.No.43618/1. Respondent No'6 is claiming the land admeasuring Ac.0.06 guntas in Sy"No'504/P of Mahabubabad' Thus, there is dispute with regard to the identitication of the propedY. In the light of the same, this Writ Petition is disposed of 5. directing respondent No'5 to conduct fresh survey irr respect of the land belongs to petitioner in Sy'No'436/B/l and also the land admeasuring Ac'0'06 guntas in Sy"No'504/P allotted to respondent No.6 - Municipality and demarcate the same by f,rxing the boundaries, by putting the petitioner and respondent No.6onnoticeandaffordingthemanopportunityofhearing. He shalt complete the entire exercise within a period of two (2) weeks from the date of receipt of a copy of this order' Thereafter, liberty is granted to respondent No'6 to ploceed with the construction of UPHC' Till then' respondent Nos'5 "/ .,t's ,i 4 and 6 are directed not to dispossess the petitioner fiorn the subject property. Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs. //TRUE COPY// SD/-M. OSMAN ALI BAIG ASSISTANT REGISTRAR t- l\ l-\ - SECTTON OFFICER To,

1. The Principal Secretary, Revenue Department, Telangana Secretariat, Hyderabad, State Of Telangana.

2. The Principal Secretary, lvlunicipal Administration and Urban Department, Telangana Secretariat, Hyderabad, State Of Telangana.

3. The Principal Secretary, Health, Medical and Family Welfare Department, Telangana Secretariat, Hyderabad, State Of Telangana.

4. The Diskict Collector, Mahabubabad District. 5. The Tahasildhar, Mahabubabad lrlandal, Mahabubabad District. 6. The Municipal Commissioner, Mahabubabad tvlunicipality. 7. The Diskict [t/edical and Health Officer, Mahabubabad District. 8. One CC to SRI KONGALA MOHAN GOUD, Advocate [OPUC] 9 One CC to SRI PUTTA KRISHNA REDDY, SC FOR MCPL [OPUC] 10.Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT] i '1 '1 .Two CCs to GP FOR MCPL ADMN & URBAN DEV., High Court for the State of Telangana at Hyderabad [OUT]

12.Two CCs to GP FOR MEDICAL HEALTH, High Court for the State of Telangana at Hyderabad [OUT] '13. Two CD Copies BSR BS W HIGH COURT DATED:2210712025 \. I O Y t 12 tlJE zffi \i ... t){ls f 'Ar a" I r;O (f, a C. ORDER WP.No.21072 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS g 1V