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, declaring the action of the respondents No.3 to 5 in 7 demolishing the she ,< constructed by the petitioner at the premiser, bearing house No. 13-4-5821A11 :;ituated at Karwan,Kursumpura, Gudirna kapur viilage, Asifnagar, Mandal, f ryderabad, without giving any notice anc witlout giving any opportunity of hearir ,i to the petitioner, as illegal, arbitrary, violati,re of principles of natural justice a1c against all setfled principles of law and cons;equenfly direct the respondents trr rr r1 to interfere with the peaceful possession ar d enjoyment of the petitioners prot), )rty bearing house No. 13-4-Sg2tN,1 sitLratr:d at Karwan, Kulsumpura, Gudim,l kapur Village, Asifnagar, Mandal, Hyderab;rd. |.A.NO:1 OF 2022 Petition Unde ' iiection 151 cpc praying that in the r:ircunrstilnces stated in the affidavit filed irr :;upport of the petition, the High court may be pleased to direct the responden ts to pay an amount of Rs. 4,00,000/- to the petitioner towards damages fc r demolishing the shed constructed in the ho use. No. 1 3_4_ 5B2lAl1 situated a1 Karwan, Kursumpura, Gudimarkapur \/i ra1re, Asifnagar, Mandal, Hyderabarl p ending disposal of main writ petition. I.A.NO:2 OF 2022 Petition Unde' l iection 151 cpc praying that in the circumstarces stated in the affidavit fired ir s "rpport of the petition, the High court may tre preased to direct the responcre. s to not to interfere with the peacefur possession and enjoyment of the petit rners property bearing house No. 13-4-5g..2/1,11 situated at Karwan, Kulsumpure. Gudimalkapur Village, Asifnagar, Manrlal Hyderabad, pending disposal ol ttri main writ petition. l.A.NO:3 OF 2022 Between principat Secretary, Revenu > 1 Il"^^SjI:-"J Tere ngana., I"_p,!v_il. uepanment, se: etariat, BRKR Bhavan, Hyderabad. 2. The District Ctil ? ltor, Hyderabad District, Hyderabad. 3- The Tahsildar ,a s ifnagar Mandal, Hyderabad. 4. The Village Rern: rue lnspector, Asifnagar Mandal, Hyderabad District, Hyderabad.

5. The Revenue lnspector, Asifnagar Mandal, Hyderabad District, Hyderabad. ....PETITlONERS/RESPONDENTS AND 1 2 Smt. Parameswari Bai, Wo M. Anil Singh, Aged about 37 years, Occ; Housewife, Rl/o H. No.'l 3-6-407i1, Ramsinghpura,kanran, Hyderibad. Sri. M. Anil Singh, S/o M. Jeevan Singh, Aged about 45 years, Occ; Business, R/o H.No.13-6-407/1 , Ramsinghpura, Karwan, Hyderabad. .....RESPONDENTSM'RIT PETITIONERS

3. The Commissioner of Police, Basheerbagh, Hyderabad. 4. The Station House Officer, Kulsumpura Police Station, Kanivan East, Hyderabad.

5.M. Mahesh Singh, S/o M. Prakash, Aged about 43 years, Occ. Business, Rlio.H.No.'13-6-2671S.11, Sathyanarayana Nagar, Karwan, Hyderabad- 500006.

6. M. Sateesh Singh, S/o M. Krishna Murthy, Aged about 38 years, Occ. Business, R:/o H. N. 1 3-6-46214, Bhagwandas Bash, Karwah, Hyderdbad. 7. M. Purushotham Singh, S/o Late M. Kunwar Lal, Aged about 5'l years, Occ ; Business, Rio H. No. 13-6-2671S,116, Jafarguda, Karwan, Hyderabad. (Respondent Nos.3 to 7 are not necessary in this petition) .....RESPONDENTS/RESPONDENTS 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 orders passed in W.P.No.30950 of 2022, dated 02-08-2022, and dismiss the writ petition with costs as devoid of merits, in the interest of justice. Gounsel for the Petitioners : SRt BASA CHANAKYA Counsel forthe Respondent Nos.1 to 5: GP FOR REVENUE Counsel for the Respondent Nos.6 & 7 : G.P FOR HOME Counsel for the Respondent No.8 : SRI KOWTURU PAVAN KUMAR Counsel forthe Respondent Nos.9 & 10 :- The Court made the following ORDER 1 HOI'BLE SRI JUSTICE C.V.BHASKAR REDDY IVRIT PETITION No.3O950 of 2022 ORDER: Thi,; ,r rit petition is filed seeking to declare the action of respondenl r Ios.3 to 5 in demolishing the sherr constructed by the petiticrrr,: . at the premises bearing house No. l:r + :,,g2 / A/ l, si[uatec] e1 Karwan, Kulsumpura, GudimzLlkaprtr Vrllage, Asifnagar ll z 'rdal, Hyderabad, without giving an1, notice and opportunit,r, r I hearing to the petitioner, as illegal, a rrtitrary and for other aplrt r>priate reliefs. 2 Con:;ic.t ;-ed the submissions of the learnecl cortnse I for the respectlve p:t ttes and perused the record

3. admeasurinl3 Gudimalkapr I possessors:i purchased tt-.: e It is :; it ted that the petitioners are the or,,nt rs and the premises bearing house No. 13-4_St-2/A/ 1, (lO0 sq. yards, situated at Karwan, Kulsumpura, Village, Asifnagar Mandal, Hyderakracl, having same under registered sale deed vidt: :lo:;ument No.302 of t2()l !), dated 10.O1.2019. It is also statcc t..rat the petitioners 'r ar r. obtainecl all the necessary permissio;tst ft om the local authc,ri I r.s and the subject house was asscss ed for property ra>:. J fre case of the petitioners is that the r_esp.)ndent 2 authorities, under the influence of respondent Nos.g to 10, have demoiished the shed constructed in the subject propert5r and making efforts to forcefully dispossess them from the subject property, without issuing any notice or without following the procedure as prescribed under the Land Encroachment Act 1905 (for short, 'the Acr, 19O5).

4. L.earned counsel for the petitioners submitted that the action of the respondent authorities in demolishing the property of the petitioners and making efforts to forcefully dispossess the petitioners from the subject property, without issuing notice amounts to violation of principles of natural justice and violative of Articles 14, 27 and 3OO-A of the Constitution of India.

5. karned Assistant Government pleader for Revenue appearing for respondent Nos. 1 to 5 has submitted that the petitioners, by encroaching the government land have made construction in the subject proper[y. He further stated that except frling the property tax receipts, the petitioners have not produced any documents of title to claim rights over the subject property.

6. Prima facie, it appears from the record that the petitioners have purchased the house bearing No. 13-4-5g2/A/1 and the 3 said hollso '\:rs assessed for property tax fronr the Munrcipal authorities. I t is also seen from the record that thc pe -itioners have obtaLrL,-. i necessary permissions for . pov,,er s rp tly and water si-rpply connections and they are in possess on and enjoyment c I the said property. If the subject proirertv is recorded as I )\,ernment land in the town survev recordr; or any revenue re:c r-ds, the respondents are entilled -o initia[e approprratir zr:tion for eviction by following the guide"liner; issued by the Horr' : Apex Court in Rajendra Kutnar Baliariga and. dnother us, ll.P. Auas Eoqm Vikas Parishad qnd ,tthersr, wherein, it L; lreld that a prior notice has to be issuerl to the persons \d/l1r) rre in possession of the property beforr: i;ritiating any action I,rrther, the Hon'ble Apex Court has also la:d down I certain gu c r: ines for removal of the encroachmerLtrr (,ver the government Ia nd.

7. In r.ie ,,. ,-rf the above, this Court deems it. apltro;,riate to dispose of .-lL r Writ Petition directing the respondcnr au1 horities to stricth,f: lr r,.'the directions issued by the Hor,'ble A.pe.x Court rn Rajendra . {umar Barjdtga (supra), by issui:rg notic,: to the petitione rs <:rr 1 ing for explanation, before initiating tin'' acrion for remova c I the existing structures and after consi,le .ing the 'Civil Appeal No I ri(ll of 2024 dated t7.12.2024 4 documents placed by the petitioners, pass appropriate reasoned order in accordance with law. Till passing of the order, the respondent authorities are directed not to take any coercive action on the petitioner over the subject property, rn any manner. I With the above directions, this Writ petition is disposed of. There shall be no order as to costs As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// To 1 The Principal Secretary, Revenue Department, State of Telangana at Hyderabad. /.T. TIRUMALA DEVI EPUTY REGISTRAR SECTION OFFICER t, BRKR Bhavan,

2. The District Collector, Hyderabad District, Hyderabad. 3. The Tahsildar, Asifnagar Mandal, Hyderabad. 4. The Village Revenue Inspector, Asiinagar Mandal, Hyderabad District, 5 6. 7.

9. Hyderabad. The Revenue lnspector, Asifnagar Mandal, Hyderabad District, Hyderabad The Commissioner of Police, Basheerbagh, l-iyderabad. The Station House Officer, Kulsumpura policqstation, Karwan East, Hyderabad. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT] Two CCs to GP FOR HOME, High Court forthe State of Telangana at Hyderabad. [OUTj

10. One CC to SRt BASA CHANAKyA, Advocate tOpUCI 'l l.one CC to SRI KOWTURU PAVAN KU[\IAR, Advocate (OPUC) 12.Two CD Copies SA BS N- 'rr,i \ I r'i31=' )R' I,4 2 t \iA/ Z0Z5 { o +'J \. HIGH COURT DATED:1010412025 ORDER WP.No.30950 rf 2022 DISPOSING OI; THE W.P WITHOUT COSiTS. \ .1 irr I ,,4 /. ?A