Sri tM.S.R.Swamy v. The State of Telangana

The Tahsildar, Ramchandrapuram firlandal, Sangareddy District. The Commissioner, Tellapur Municipality, Tellapur, Sangareddy District. ...RESPONDENTS a Petition under Article 226 of the Constitution of lndia praying that in the crrcumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondent No.5 and his sub-ordinates in interfering and demolishing the compound wall of the petitioner in respect of his Plot No.153, Block B, in Sy. No..l35 part, situated at Block - B, Gowthami Nagar, Edulanagualapally Viliage, Ramachandrapuram firlandal, Sangareddy District and threatening to dispossess the petitioner from his plot, without issuing any notice or without following due process of law, is illegal, arbitrary, violative or Articles 14,21 and 300-4 of the Constitution of lndia and consequently direct the respondent No.5 and his s.rb-ordinates not to interfere with the possession of the petitioner in respect rf his plot No. 153, admeasuring 400 square yards, Block B, in Sy. No. 135 part situated at Block B, GoMhami Nagar, Ed ulanagulapally vi age, Ramchar drapuram IVlandal, sangareddy District, without following due process of law arr, without issuing any notice. lA NO: 1 OF 2021 Petition under Section '1 51 CPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High Cor r may be pleased to direct the respondent No. 5 and his sub-ordinatesp not lr interfere with the possession of the petitioner in respect of his plot No. 1{; , admeasuring 400 square yards, Block B, in Sy. No. 135 part, situated at Blocl- 3, Gowthami Nagar, Ed ulanagulapally Village, Ramchandrapuram tVlandal, S rngareddy District, without following due process of law and without issuing an) totice. Counsel for the Petitioner: SRI ESLAVATH RAJU Counsel for the Respondent Nos.1,3,4 and 5: SMT. S. SRA\/ \NTHl, AGP FOR RE\/ :NUE Counsel for the Respondent No.2: cp FOR MUNtCtpAL ADn INISTRATION URBAN DEVELOPMENT Counsel for the Respondent No.6: SRI PUTTA KRISHNA RE )Dy, SC FOR MUNICIPALITIES The Court made the following: ORDER I IN THE HIGH COURT FOR THE STATE OF TELANGANA . ATHYDERABAI) THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.288L9 of 2O2L THE 17TH DAY OF DECEMBER 2025 Between: Sri M.S.R.Swamy AND The State of Telalgana, Rep. by the Special Chief Secreta5r to Government, Revenue Department, BRK Bhavan, Secretariat, Hyderabad & Five others. ...Petitioner ...Respondents ORDER: Heard Sri Eslavath Raju, learned counsel for the petitioner, Smt. S.Sravanthi, learned Assistant Government Pleader for Revenue and Sri Putta Krishna Reddy, 'learned Startding Counsel for Municipa,lities, appearing for the respondents. Perused the material on record

2. Learned counsel for ttre petitioner submits that the petitioner filed the present Writ Petition seeking to declare the action of respondent No.S and their sub-ordinates in interfering with and demolishing the compound wall of the petitioner in I \. a respect of petitioner's Piot No.153, Block B, in Sy.No.135 part, situated at Block-B, Gowthami Nagar, Edulala 3 ralapally Village, Ramachandrapuram Mandal, Sangareddy Distri<: (for brevity, ,.the subject property") and threatening to dispcss,: s the petitioner from irisrplot, without issuing any notice ancl r dthout follo.^ring due process of law, as illegal and arbitrary.

3. Learned counsel for the petitioner furthe : submits that, while admitting the matter, this Court passed int :rim order dated

16.77.2O2I directing the official responclents no _ to interfere with the petitioner's possession over the subject pr: rerty, except in accordalce with the procedure established by la ,{/. However, in spite of lapse of more than four years, the respor dent authorities have not fiied counter or vacate petition for denyir g the averments made by the petitioner in the writ affidavit. In ,. :w of the same, learned counsel requested this Court to allow thr: Writ Petition by directing the respondent authorities not to ir 1 :rfere with the possession of the petitioner over the subject : -operty rvithout following due process of law.

4. On the other hand, learned Assistant Gove:nment pleader for Revenue submits that if the petitioner is in 1,, ssession of the subject property, the respondents will not in _r rfere with the petitioner's possession over the subject property, without foilowing due process of law and requested this Court to pass appropriate orders

5. In vierv of the submissions made on either side, this Writ Petition is disposed of directing the respondent authorities not to interfere with the possession of the petitioner over the subject property, without following due procedure of law. There shall be no order as to costs

6. Miscellaleous petitions, if any, pending in this Writ Petition, sha-ll stand closed. SD/-M. NAGAMANI ISTANT REGISTRAR AS //TRUE COPY// SECTION OFFICER. 1 . The Special Chief Secretary to Govt, The State of Telangana, Revenue Department, BRK Bhavari., T.S. Secretariat, Hyderabad.

2. The Principal Secretary to Govt, The State of Telangana, MA and UD Department, T.S. Secretariat, Hyderabad. a

3. The District Collector, Sangareddy District at Sangareddy. 4. The Revenue Divisional Officer, Sangareddy District at Sangareddy. 5. The Tahsildar, Ramchandrapuram lvlanda[, Sangareddy District. 6. The Commissioner, Tellapur I\/unicipality, Tellapur, Sangareddy District 7. One CC to Sri Eslavath Raju, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court for the State of Telangana, at 9. Two CC to The GP for Municipal Administration Urban Development, High Hyderabad [OUT] Court for the State of Telangana, at Hyderabad[OUT]

10. One CC to Sri Putta Krishna Reddy, SC for Municipalities[OPUCD] 11.Two CD Copies To, TJ HIGH COURT DATED:1711212025 ORDER WP.No.28819 oI 2021 Z-"./:\ < ..- , :::i:l-:_\\ :1'' -r i,1/-l: c) t ,r|| .._.]. L Jr i 1i.:1i jtS it - t'i'''. \: ,,i 'ir' .f -.:\. \\ i'.' '',. - ,". ::-i -_:.- ,-:,.- -.. DISPOSING OF THE WRIT PETITION WITHOUT COSTS a \< :i.