✦ High Court of India · 11 Mar 2025

1. Smt. Daya Kaur v. The State of Telangana

Case Details High Court of India · 11 Mar 2025
Court
High Court of India
Decided
11 Mar 2025
Bench
Not available
Length
1,321 words

The Station House Officer, Sangareddy Town Police Station, Sangareddy 4 5. Kasini Srikanth S/o.Ramulu, Aged about 41 years, Occ: District Associate Present, Telangana Non-Gazetted offlcers Union (TNGO's) District Branch, District Sangareddy. Office at lndira Priya Darshini TNGO's Bhavan, Sanga Reddy. Respondent No.5 is impleaded as per CO dt.11.03.2025 in l.A.No.2/2025. ...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 an appropriate krit, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in dispossessing the petitioners forcibly, illegally from their residential house bearing H.No. 4-7-8116l2OlAl1 in Plot No.20 admeasuring 233.33 sq. yds., situated at Journalist Colony, Revenue Colony, Sangareddy, Sangareddy District belongs to the V petitioner while 2nd petitioner's house bearing H.No. 4-7-Bl161211A11 in Plot _ ... -E :,:e,a?4 No.2l admeasuring 233.33 sq. yds., situated at Journalist Colony, Revenue Colony, Sangareddy, Sangareddy District without following any due process of law, illegal, voilative of Article 14 and 300-A of Constitution of lndia. lA NO: 1 OF 2024 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 issue direction, directing the respondents not to dispossess the petitioners from their residential house bearing H.No. 4-7-Bl161201A11 in Plot No.20 admeasuring 233.33 sq. yds., situated at Journalist Colony, Revenue Colony, Sangareddy, Sangareddy District belongs to the 1st petitioner while 2nd petitioner's house bearing H.No. 4-7-8l161211A11 in Plot No.21 admeasuring 233.33 sq. yds., situated at Journalist Colony, Revenue Colony, Sangareddy, Sangareddy District, pending disposal of the lvlain Writ Petition. lA NO: 3 OF 2025 Between:

1. The State of Telangana, Represented by the Prl. Secretary. Revenue Department, Secretariate, Hyderabad.

2. The District Collector, Sangareddy District, Sangareddy. 3. The Tahsildar, Sangareddy Mandal, Sangareddy District ...PETITIONERS/RESPONDENTS AND 1 Smt. Daya Kaur, W/o Sri Sardar Harbans Singh, Aged about 61 years, Occ.Household, R/o H.No. 4-9-282111A, Sikh ChaWni, Bahaduprpur, Hyderabad - 500 064. Sardar Harbans Singh, S/o Sri Jaimal Singh, Aged about 68 years, Occ.Business, R/o H.No. 4-9-282111A, Sikh Chawni, Bahaduprpur, Hyderabad - 500 064. 2

3. The Station House Officer, Sangareddy Town Police Station, Sangareddy. ...RESPONDENTS/PETITIONERS ...RESPONDENTS/RESPONDENTS 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 @ry vacate the interim orders granted in WP.No.21904 of 2024, dt: 09.08.2024 and dismiss the writ petition. Counsel for the Petitioner : SRI V.V.RAMANA Counsel for the Respondents No.'lto3 : GP FOR REVENUE Counsel for the Respondents No.4 : GP FOR HOME The Court made the following: ORDER . -, -?;ii, -1:r- -.iG\ ,4 HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.219O4 of 2024 ORDER: This Writ Petition is filed under Ar-ticle 226 of t}:re Constitution of India seeking the following relief: "...to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in dispossessing the petitioners forcibly, illegally from their residenti:rl hor-rse bearing H,No.4-7 8l 16l20 / Al 1 in Plot No.20 admeasuring 233.33 sq.yds situate(l at Journalist Colon1,, Revenue Colony, Sangareddy District belongs to petitioner No- 1 while petitioner No.2 house bearing H.No.4-7-8/ 16 l2l / A/ 1 rn Plot No.21, admeasuring 233.33 sq.yds., situated at Journa.list Colony, Revenue Colony, Sangareddy District without following any due process of-law, il1egal, voilative of Article 14 and 3O0-A of Constitution of India a:rd to pass...'

2. Considered the submissions of the learned counsel for the respective parties and perused the record.

3. It is stated that the mother of petitioner No.1 was allotted house site patta in Plot No.20 in Sy.No.374/1, in Journalist Colony, Revenue Colony, Sangareddy District, uide proceedings No.D/ 16211993, dated 03.07 .7994, as per Standing Order No.21 and the Rules made under the Telangana Land Revenue Act, 1317 Fasli. It is the case of the petitioners that after the allotment of land, the petitioners have constructed tin roof house and residing therein since long time. It is also stated that they are not having any hnancial resources to construct pakka house in terms of the conditions laid down in the patta certificate and therefore, they are residing in tin roof house and eking out their livelihood. The grievance of the petitioners is that the respondent authorities are trying to dispossess them from the subject land, without issuing any notice and without following any due course of law

4. Learned counsel appearing for impleaded respondent No.S has submitted that the writ petitioners were never granted any patta in respect of the subject land nor they are in possession of the same at any point of time; in fact, the said land was allotted in favour of respondent No.5 and possession thereof has also been handed over in his favour; thereafter, respondent No.S :- .:: - ,!f-4Ff E==r -/ laid cement pillars and affixed a gate and got assessment of the property and allotted Door No.4-7 -81 t6 /3 /T I A/ l and PTIN. 1 1 12089 1 1 from the Commissioner Municipaliry, Sangareddy; but only with a view to grab the subject property which is under the occupation of respondent No.S, the petitioners have created false and fabricated documents.

5. Learned Assistant Government pleader lor Revenue appearing for the respondents. relying upon the counter- affidavit, submitted that the patta certificate produced before this Court, annexed with material papers, is not a genuine one and in fact, on verification of records, respondent No.3 has filed a complaint against the petitioners for creating fraudulent documents and the I I same was registered as Crime No.385 of 2024, dated.

18.10.2024 and further it is submitted that even the t I House Assessment No.4-7-8/ 16/Cl20lA/1 alleged to have been granted in favour of the petitioners was also cancelled by the municipal authorities.

6. In view of the above submissions and since the issues raised herein are required to be adjudicated by a competent Civil Court, this Court, without expressing any opinion on the right and entitlement of the petitioners as patta holders of the subject land, deems it appropriate to dispose of the writ petition by relegating the petitioners to approach the competent Civil Court

7. With the above directions, the Writ petition is disposed of. No Costs. As a sequel, the miscellaleous petitions pending, if any, shall stand closed. //TRUE COPY// SD/.K. SREE RAMA MURTHY DEPUTY,REGISTRAR sec{*korrrcen To, I

1. The Prl. Secretary. Revenue Department, State of Telangana, Secretariate, Hyderabad.

2. The District Collector, Sangareddy District, Sangareddy. 3. The Tahsildar, Sangareddy Mandal, Sangareddy District. 4. The Station House Officer, Sangareddy Town Police Station, Sangareddy. 5. One CC to SRI V.V.RAMANA, Advocate. [OPUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana.

7. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUT] B. Two CD Copies. BSK HIGH COURT DATED:1110312025 lHE st4 oB (. Q, /c(J 29 JUL t o,: ir,lrcii (,( 2025 : ) Ct ]t .^ // -f,/ ,..c +;// =- ORDER WP.No.21904 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments