The High Court · 2025

Petition under Section '151 CPC praying that in the cir,:umstances stated in the affidavit filed in support of the petition, the High Court mav be pleased to direct the respondents No.2 and 3 not to interfere with the Sanjay Gandhi Nagar community hall land situated in Sanjay Gandhi Nagar, TS No.8/1 , Block N, Ward- 6, co-related to Sy.no '138/p Yellareddyguda, Hyderabad, pending disposal of this Writ petition in the interest of juslice. lA NO: 1 OF 2024 Between: Racha Vishnuvardhan, S/o. Racha Muralidhar, Aged: 44 years, Occ: Non- Resident lndian, employed at New York,USA, Clo. B-3-5t)211212, Sanjay Gandhi Nagar, Yellareddyguda, Hyderabad-73. AND ...PETITIONER/RESPONDENT No.4 1, The Sanjay Gandhi Nagar Welfare Association (Reg No.1008/80), Rep by its General Secretary. Gonti. Srinivas Yadav, S/o. late.G.lt,lallesh Yadav, Aged: 57 years, Occ. Business, R/o. 8-3-502/18, Yellareddyguca, Hyderabad. ...RESPONDENT/PETITIONER 2. The State of Telangana, Rep by its Principal Secretary, Revenue Department, Secrelariat, Hyderabad.

3. The District Collector, Hyderabad. 4. The Tahshildhar, Khairtabad, Mandal, Khairtabad, Hyderabad. 5. Racha Muralidhar, S/o.Late.R.Manikaym, Aged: 77 yearc, Occ: retired RTC Employee, PJo. 8-3-502112/2, Sanjay Gandhi Nagar, Yellareddyguda, Hyderabad-73.

6. K.Laxmaiah alias Laxmana Chary, S/o. Late.K,Narsaiah, Aged: 62 years, Occ: Business, R/o.8-3-633/39, Ambedkar Nagar, Yellare,ddguda, Hyderabad- 73. (Respondent No 5 is not necessary party to this 1.A.,) ...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 vacate the interim order dated '18-08-2023 in W.P. No. 22566 of 2023 pending disposal of the above Writ Petition. lA NO: 2 OF 2024 Between:

1. The State of Telangana, Rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

2. The District Collector, Hyderabad. 3. The Tahshildhar, Khairtabad, Mandal, Khairtabad, Hyderabad. AND ...PETITIONERS/RESPONDENTS

1. The Sanjay Gandhi Nagar Welfare Association (Reg No.1008i80), Rep by its General Secretary, Gonti. Srinivas Yadav, S/o. late.G.Mallesh Yadav, Aged: 57 years, Occ: Business, Rl/o. 8-3-502/18, Yellareddyguda, Hyderabad. ...RESPONDENT/PETITIONERS

2. Racha Vishnuvardhan, S/o. Racha Muralidhar, Aged: 44 years, Oce:Non- Resident lndian, employed at New York,USA, Clo. 8-3-50211212, Sanjay Gandhi Nagar, Yellareddyguda, Hyderabad-73.

3. Racha Muralidhar, S/o.Late. R. tManikaym, Aged:77 yearc, Occ: retired RTC Employee, No. 8-3-50211212, Sanjay Gandhi Nagar, Yellareddyguda, Hyderabad-73.

4. K.Laxmaiah alias Laxmana Chary, S/o. Late.K, Narsaiah, Aged: 62 years, Occ: Business, R/o.8-3-633/39, Ambedkar Nagar, Yellareddguda, Hyderabad- 73. ...RESPONDENTS/RESPONDENTS (Respondent No.2 to 4 are not necessary parties to this petition) Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dt: 18.08.2023 passed in W.P.No,22566 of 2023. Counsel for the Petitioner: SRI A. TULSI RAJ GOKUL Counsel for the Respondent No.1 to 3: GP FOR REVENUE Counsel for the Respondent No.4: SRI C. RUTHWIK REDDY Counsel for the Respondent No.5 & 6: - - - - WRIT PETITION NO: 24431 OF 2023: Between: The Sanjgy Gandhi Nagar Welfare Association (Reg No.1008/80), Rep by its G_eneral S-ecretary, Gonti. Srinivas Yadav, S/o. late-.G.Mallesh Y'aAav, Aged: 57 years, Occ: Business, R/o. 8-3-502/18, Yetlareddyguda, Hyderabad. ...PETITIONER AND 1 2 3 4 5 6 7 8 The State of Telangana, Rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. The District Collector, Hyderabad, The Tahshildhar, Khairtabad, Mandal, lihairtabad, Hyderabad. Circle lnspector, Madhuranagar Police Station, Madhuranagar, Hyderabad. Sub-lnspector, Madhuranagar police Station, Hyderabacl. Racha Vishnuvardhan, S/o. Racha Muralidhar, Aged- 44 years, Occ. Non- Residenl lndian. employed at New York,USA,C/o 8-3-502/1212, Sanjay Gandhi Nagar, Yellareddyguda, Hyderabad-73 Racha Muralidhar, Sio.Late.R. Manikaym, Aged.77 years, Occ. retired RTC Employee, N o 8-3-5021 1 2 1 2. Sanjay Gandhi Naga r, Yeilareddyguda, Hyderabad-73. K.Laxmaiah alias Laxmana Chary, S/o. Late.K, Narsaiah, Aged.62 years, Occ. Business, Ryo.8-3-633/39, Ambedkar Nagar, Yellar,:ddguda, Hyderabad- 73. ...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 a writ or order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of 3 to 5 respondents in permitting 7th respondent to unlalfully encroach and have possession of the northern side portion of Sanjay Gandhi Nagar Community Hall land situated at Sanjay Gandhi Nagar, TS No.B/1, Block N, Ward-6, Co-related to Sy No.138/p, yellareddyguda, to an extent of '183 Sq yrd approximately from out of the said community hall and allowing the seventh respondent to construct a new unauthorized compound wall on 281812023 on all sides, dividing the community hall land, immediately after highhanded demolition of the existing compound wall carried out on the no(hern side boundary of the said community hall as illegal,arbitrary, 'riolative of Article 14 and principles of natural justice and consequentially direct the third respondent to restore possession of the said encroached land to the petitioner's association by demolishing the intersecting compound wall built by the seventh respondent in the middle of the Sanjay candhi Nagar community hall land dividing the community hall at the instance of 3rd respondent with the protection offered by 4 and 5 respondents. lA NO: 1 OF 2023 Petition under section i 5i 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 3 to 5 not to allow 6 to B respondents, oiany'other person or persons acting on their behalf, from carrying out any kind of further consiruction or change the nature of the land in any manner, in the northern side portion of the community hall land of Sanjay Gandhi Nagar, to an extent of 183 Sq yrds, taken possession illegally on 281812023, by building compound around the said portion immediately after the demolition of the existing compound wall, gate of the banjay Gandhi nagar community hall at the instance of the third reipondent pending disposal of this writ petition. lA NO: 1 OF 2024 Between: Racha Vishnuvardhan, S/o. Racha Muralidhar, Aged.44 years, Occ. Non- Resident.lndian,.employed at New york,US A,Cl;83-5oit 12t2, Saiay- Gandhi Nagar, Yellareddyguda, Hyderabad-73. ...PETITtONEFI/RESpONeENT No.6 The Sanjay Gandhi Nagar Welfare Association (Req No..1008/80). Reo bv irs General Sgcretary, Gonti Sriniv-as yadav, S/o. tate:G.Mallesh VbOav, nged: 57 years, Occ: Business, F/o. 8-3-502/iB, yellareddyguda, Hyderabad. ...RESPONDENT/PETITIONER The State of Telangana, Rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. AND 1 2

3. The District Collector, Hyderabad, 4. The Tahshildhar, Khairtabad, Mandal, Khairtabad, Hyderabad. 5. Circle lnspector, Madhuranagar police Station, lvladhuranagar, Hyderabad. 6. Sub-lnspector, Madhuranagar police Station, Hyderabad. 7. Racha Muralidhar, S/o.Late.R.Manikaym, Aged. ll years, Occ. retired RTC Employee, Rli_o. 8-3-5021 1 21 2, Sanjay Gandtii Nagar, yeilareddyguda, Hyderabad-73.

8. K.Laxmaiah alias Laxmana Chary, S/o. Late.K,Narsaiah, Aged. 62 years, O-cc. Business, R/o.8-3-633/39, Ambed kar Nagar, yeilareddguaa, fi yOeiiOaO_ 73. ...RESPONDENTS/RESPONDENTS Petition under Section 1 51 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 0110912023 in w.p.No:24431 of 2023 pending disposal of the above Writ Petition. lA NO: 2 OF 2024 Between:

1. The State of Telangana, Rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

2. The District Collector, Hyderabad, 3. The Tahshildhar, Khairtabad, Mandal, Khairtabad, Hyderabad. ...PET|T|ONERS/RESPONDENTS AND 1 . The Sanjay Gandhi Nagar Welfare Association (Reg N,:..,l 008/80), Rep by its G_eneral S_ecretary, Gonti. Srinivas Yadav, S/o. late.G.Vlallesh ybdav, AgeO: 57 years, Occ: Business, Ryo. 8-3-502/18, YellareddyguCa, Hyderabad. ...RESPONDENT/PETITIONERS

2. Circle lnspector, ltrladhuranagar Police Station, Madhurenagar, Hyderabad. 3. Sub-lnspector, [Vadhuranagar police Station, Hyderabacl. 4. Racha Vishnuvardhan, S/o. Racha lr/uralidhar, Aged.44 years, Occ. Non- Resident I nd ia n,.employed at New York, US A,Cl o- B-3-502 t 1 21 2, S anjay Gandhi Nagar, Yellareddyguda, Hyderabad-73. {-

5. Racha Muralidhar, S/o.Late. R.Manikaym, Aged. 17 yeas, Occ. retired RTC Employee, No. 8-3-50211212, Sanjay Gandhi Nagar, yellareddyguda, Hyderabad-73.

6. K.Laxmaiah alias Laxmana Chary, S/o. Late.K,Narsaiah Aged. 62 years, Occ. Business, F/o.8-3-633/39, Ambedkar Nagar, Yellarsddguda, Hyderabad- 73. ...RESPONDENTS (Respondent No.2 to 5 are not necessary parties to this petition) 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 vacate the interim order d|: O1 .09.2023 passed In W.p.No.244.31 ol 2023. Counsel for the Petitioner: SRI A. TULSI RAJ GOKUL Counsel for the Respondent No.1 to 3: GP FOR REVENUE Counsel forthe Respondent No.4 & 5: GP FOR HOME Counsel for the Respondent No.6: SRI C. RUTHWIK REDDY Counsel for the Respondent No.7 & 8: - - - - The Court made the following: COMMON ORDER THE HON'BLE SRI WSTICE C.V. BHASKAR REDDY WRIT PETITION Nos. 22566 and2443l of2o23 COMMON ORDER: The issue involved in these writ petitions is intrinsically interconnected and therefore, they are taken up and heard together and are being disposed of by this common order.

2. W.P.No.22566 of 2023 is hled seeking following relief: "...to issue an order or direction more particalarlg one tn the nature of Writ of Mandamus declaring the action of the second and third respond-ents attempting to deliuer possession of the northem side of the land to the respondents 4 to 6 tlithout ang kind of en4uiry and ueification of antecedents of the Sanjay Gandhi Nagar community hnll land, situated in Sanjag Gandhi Nagar, TS.No.8/ 1, Block N, Ward-6, co-related to Sg.no.138/p, Yellareddgguda, Ameerpet, Hgderabad and not consideing or responding to the representotion of the petitioner's association dt. 23/3/2023 and enoneouslg identifuing the northem side portion of land, forming part of the community hall land as tha| of the alleged land claimed bg the respond.ents 4 to 6, bg omitting the lag out of the year 1976, uherein the existing communitg hall lond is shouLn as park area and ulithout following due process of law, as illegal, arbitrary, irrational, abuse of authoity, uiolatiue of pinciples of Ttstice and Article 14 of constitution of India, abuse of authoritA and consequently direct the second and third respondents not to interkre in respect of the Sanjag Gandhi Nagar community hall land rtithout follotuing due process of law, until title issue relating to the said communitg hall land is establi-shed bg the respondents four to six before competent court of la u.t and to pass..."

3. W.P.No.2443l of 2023 is hled seeking following relief: "...to issue a issue a LUit order or direction more partianlarlg one in the nature of wit of Mandamuq declaing the action of 3 to 5 respondents in permitting Vn respondent to unlaufullg encroach and hnue possession of the northern side portion of Sanjag Gandhi Nagor Community Hall land situated at Saniag Gandhi Nagar, TS No.8/ 1, Block N, Ward-6 Co-related to Sg No.138/p, Yellareddggud-a, to an ertent of 183 Sq.grd approimately from out j\ ..--'-_r-----_--- 2 of the said community hall and allouing the seuenth respondent to constrLlct a neu) unaulhori-z.ed compound uall on 28/ 8/ 2023 on all sides, diuiding the communitg Lnll land, imrtediately afier highlnnded demolition of the eisting compound u.tall carried out on tlrc northent side boundary oJ the said communitg hall as illegal, arbitrary, uiolatiue of Article 14 and principles of natural justice and consequentialltl direct the third respondent to restore possession o/ the said encroached land to tLrc petitioner's association bg demolishtng the intersecting compound u.tatl built bg the seuenth respondent in the middle of the Sanjay Gandhi Ntgar communitg hatt land diuiding the community hall at the nstance of 3d respondent uith the protection offered by 4 and. 5 nzspondents and to pass.. . "

4. For the sake of convenience, W.P.No.22566 of 2023 is taken up as leading case to decide the lis in these cases.

5. It is stated th:rt the petitioner is a welfare association .Cgiste.ed as per the provisions of the Andhra Pradesh (Telangana Area) Public Societies Registration Act, 135O urde registration \o.lO08 of 1980, situated at Yellareddyguda, Hyderabad. It is also stated that the petitioner association has purchased an extent of l,l32O sq. yards, in Sy.No.138, Yellareddyguda Village and thereafter, the said land was made into plots and the members of the'petitioner association have purchased various extents of the plots as house sites and also constructed residenlial houses. It is further stated :hat in the layout approved by the then Grampanchayat of Yellareddyggda, an extent of 566 sq. yards has been reserved for open place/park and since almost from 4 to 5 decades, thc inhabitants of the localitl' are utilizing the said open place as park. The grievance of the lrctitioner is that ::3 respondent Nos.4 to 6, who are also the members of the petitioner society, disputing the nature of the lands and its classification, by creating false and fabricated documents, are making efforts to occupy the government land and thereby causing inconvenience to the inhabitants of the locality.

6. A counter-afhdavit has been hled by respondent No.3, wherein, it is stated that as per the Town Survey records, the subject land is falling within Sy.No.138/P, correlating to T.S.No.8/ 1, Block-N, Ward- 6 of Yellareddyguda Village, Khairathabad Mandal, Hyderabad.and is recorded in the names of private pattadars. It is further stated that a communit5l hall has been constructed in the said Iand wherein the Anganwadi Centre is running.

7. Learned counsel appearing for respondent Nos.4 to 6 has submitted that respondent Nos.4 to 6 have purchased the property under registered sale deeds and the land claimed by the petitioner association as open place/park is totally different and distinct and no survey has been conducted as on the date to say that the said property is falling in Sy.No. 138/P, correlating to T.S.No.8/ 1, Block-N, Ward-6 of Yellareddyguda Village, Khairathabad Mandal, Hyderabad.

8. Considered the submissions of the learned counsel for the respective parties and perused the record. I -il I I 4

9. To put a quietus to the litigation, this Court deems it appropriatc to dispose o[ both the writ petitions directing the Assistant Director of Survey, Settlement and Land Records, to conduct survey of the sultlect lands forming part of Siy.No. 13g/p, duly taking into consideration the layout approverl by the then Grampanchayat of Yellarcddyguda, after issuing notice to all the interested/ affec Led persons, including the unofficial respondents and in the survey if it is identified that the area is reserwed for the open place, the respondent authorities are directed to l)rotect the same from the encroachments. If it is identified that th,3 said lands are forming part of the lands claimed by the unofficial respondents as per their registcred sale deeds, they are at liberty to take appropriate steps for sccuring the saicl lands in accordance with lrw.

10. The Writ Petitior-rs are accordingly disposed of. As a sequel, miscellaneous applications pending if any, shall stand closed. No costs //TRUE COPY// SD/.MOHD. IS AIL ASSISTANT REGIS RAR SECTION O FICER To,

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

2. The District Collector, Hyderabad. 3. The Tahshildhar, Khairtibad, Mandal, Khairtabad, Hyderabad. . . 4. Circle lnspector, Madhuranagar Police Station,. Madhurenagar' Hyderabad' 5. Sub-lnsp6ctor, MadhuranagSr police Station, Hyderabad' a One CC to SRI A. TULSI nll GOXUT-, Advocate IOPUCI T onEcc to SRt c. RUTHWIK REDDY, Advocate [oPUC] s. iil cctiJci Fon REVENUE, High Court for the state of Telangana' S. two CCs to GP FOR HOME, High Court for the State c'f Telangana [OUT] 0. Two CD Co pies touTl \&l BN ,-GJP 7't , HIGH GOURT DATED:2310112025 COMMON ORDER WP.Nos.22566 & 24431 of 2023 7,\ q J o o 1 'rAr G 0 t. r{An 2025 t oEsoATcH t (( ) 7 c .} .rt DISPOSING OF BOTH THE WRIT PETITIONS WITHOUT COSTS