Sheelam Venkata Swamy v. 1, The State of Telangana

Petition under Article 226 of the Constitution of India 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 authorities in trying to take over the property in Sy.no.284(new) admeasuring 4c.0.4112 gts or 544.50 Sq.Yards denoted by H.No.27-14-375 ot Hasanaparthy Village and Mandal, Warangal District as illegal, void and opposed to principles of natural justice and the Constitution of lndia and consequently to direct the respondents to follow the procedure prescribed under Law in respect of the petitioner land in question in accordance with law. f ,l: . l.A. NO: 1 OF 2017 (WPMP. NO 25937 0F 20171 Petition under section 151.\CPC praying that in the circumslances stated in the affidavit filed in support of the petition, the High Court tnav'tje pleased to direct the respondents nol to dispossess the petitioner from the property in Sy.No.284(new) admeasuring Ac.O.41t2 gts or 544.50 Sq.Yards denoted by H.No.27-14-375 of Hasanparthy Village & Mandal warangal District pending disposal of the above writ petition IA NO: 1 OF 2018 Between:

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

2. The District Collector, Warangal. Warangal District. 3. The Revenue Divrsional Officer, Warangal Urban RDO Office near KUDA 4. Mandal Revenue Office, Hasanparthy IVandal Warangal District- . 5. The Deputy lnspector Survey and Lahd, Records, Municrpal Office Premises, Hanamkonda , Warangal District. Khazipet' warangal District ...pETrroNERs/RESpoNDENTS AND

1. Sheelam Venkata Swamy S/o Gattaiah, Aged 62 years, Occ Business, R/o. Hansanparthy Village and I\4andal, Warangal District. ...PETITIONER'RESPONDENTS

2. Annumandala Vidhya Sagar, Sio.Chandra Mouli Ag.ed about !0 years, Occ Business, R/o.C/o Nalanda School, Hasanparthy Village and Mandal Warangal District. (Respondent No 2 is not necessary party to this petition) ...RESPONDENT/RESPONDENT 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 orders dl. 29.06.2017 passed in WP.No. 2110012017 and dismiss the writ petition. Counsel for the Petitioner: SRI C.A.R.SESHAGIRI RAO Counsel for the Respondent Nos.1 TO 5: GP FOR REVENUE Counsel for the Respondent No.6: - The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.211OO of 20t7 ORDER: This Writ Petition is frled questioning the action of the respondents in trying to take over the property of petitioner in Sy.No.284 (new) admeasuring to an extent of Ac.O-4Yz gts or 544.50 sq. yards denoted by H.No.27-14- 375 of Hasanparthy Village and Mandal, Warangal'District as illegal and arbitrar5r.

2. Heard the learned Counsel for the petitioner and the learned Assistalt Government for Pleader for Revenue.

3. Learned Counsel for the petitioner submits that the petitioner is absolute owner and possessor of land of 544.50 sq. yards equivalent to the land admeasuring to an extent of Ac.O-4Yz gts in Sy.No.284 (new) situated in Hasanparthy Village and Mandal having inherited from his father by name Gattaiah. After obtaining permission from 2 SK, J W.P.No.21100 of 2017 the Gram Palchayat, Hasanparthy arrd also ratification from the KUDA by proceedings Rc.No.C2l 1867 /89 dated 16.1 1. 1989, the petitioner has completed construction in the said land by raising 3 shutters leaving the remaining land as open and he is paying property tax and electricity charges regularly. 4 Learned Counsel for the petitioner further submits that as the respondent No.6 and another were trying to interfere with his possession over the subject property, the petitioner filed suit in O.S.No. 1354 of 2Ol2 on the file of II Additional Junior Civil Judge, Warangal and the sarne was decreed by Judgment dated 03.O7.2073. While so, claiming that the subject property is part of the Government land, the official respondents at the instarce of the respondent No.6 are trying to take over the propert-v of petitioner without following due process of law and requested to d.irect the respondents to follow due process of law if they want to acquire the property of petitioner. '| ! .] SK, J W.P.No.21 100 of 2O17

5. Learned Assistant Government Pleader for Revenue, basing on the counter averments, submits that the President, Pule-Ambedkar Bhavana Nirmana Committee, Hasanparthy, has submitted a representation dated20.O4.2Ol7 along with a copy of resolution passed by the Gram Panchayat, Hasanparthy, for allotment of Government Land in Sy.No.225 (New) for construction of Jyothirao Pule-Ambedkar Community HaIl. He submits that when the Memo was issued vide Office Memo No.B/ l3O l2Ol7 dated 26.O4.2Ot7 to demarcate the proposed land, the Mandal Surveyor has submitted a report on 01.O5.2017 stating that there was boundary dispute between Sy.No.225 (New), Sy.No.268 (otd), Sy.No.284 (patta land) and Sy.No.271(old) and thereafter, the Deputy Inspector of Survey, Waranga_l and Mandal Surveyor, Hasanparthy have conducted survey on 2S.OS.2O|T and demarcated the Government land in Sy.No.225 and found that RCC building consisting of three shutters of petitioner I 4 SK, J W.P.No.2110O of 20 17 is existing in between the approaching road to Jayagiri and ZpSS building and it seems that the said RCC building belongs to the petitioner is existing in Sy.No.225 of Hasanparthy Village, whereas as per the documents, the petitioner is having land to an extent of Ac:O_04 yz gts in Sy.No.284 (New)/Sy.No.27l(old) which 1s adjacent to Sy.No.225.

6. Learned Assistarrt Government pleader for Revenue further submits that the petitioner has m,tated the said proper|.t by mentioning house bearing No. 14_117 (old) and 2T-L4-375 (New) in the name of his son i.e., Sri Sheelam preetham Kumar by way of gift deed vide document No.1lO62/2O l7 dated 04.1O.2O17. T. Learned Assistant Government pleader for Revenue has produced a letter Rc.No.B/ l4O/2025 dated 25.02.2024 of the Tahsiidar, Hasanparthy addressed to the Government Pleader and stated that after verification of the I \ Y 5 SK, J W.P.No.21 100 of 2017 office record of pahanies, the name of petitioner was never recorded in any revenue records as pattadar and not having any manua-l PPB or e-PPB and also verifred the encumbrance Certificate and observed that the petitioner never purchased the schedule property from the pattadar and the subject land is purely non-agriculture land which is covered with partly structure and remaining land covered with existing R & B road from Hasanparthy to Jaigiri and the road was formed since long back and the petitioner claimed the schedule property 1S adjacent to Warangal- Karimnagar National Highway-563 1n Hasanparthy main centre and also the subject property boundaries covered with existing roads i.e., R & B and National Highway and requested to dismiss the writ petition as devoid of merits.

8. After hearing both sides and perusal of the record, this Court is of the considered view that the contention of the petitioner is that he is absolute owner and possessor of land admeasuring to an extent of Ac.0-4 Yz gts in Sy.No.284 6 SK, J W.P.No.21100 of 2017 (new) situated at Hasanparthy Village arrd after obtaining permission from the Gram Panchayat, Hasanparthy and also ratification from the KUDA by proceedings Rc.No.C2l 1867 189 dated 16. 1 1. 1989, he has made construction of three shutters leaving the remaining land as open and paying property tax and electricity charges regularly. As per the counter averments, the Mandal Surveyor, Hasanparthy has conducted survey and demarcation of the proposed land and submitted a report on 01.05.2017 stating that there was boundary dispute between the subject lzrnd and other lands. The respondents have stated that aJter Mandal Surweyor's Report, the Deputy lnspector of Surveyor has conducted survey on 25.05.2017 and as per the survey, it is found that the petitioner is in possession of the Government land, however, no document is filed to show that at the time of conducting survey, the petitioner is present. Moreover, the respondents have not issued any proceedings with regard , \ 7 SK, J W.P.No.2110O of 2017 to encroachment of the Government land by the petitioner. Without following due process and without conducting any survey in the presence of the petitioner in spite of the orders from the Civil Court in favour of the petitioner, now merely basing on the representation of the concerned authority for construction of Jyothirao Pule-Ambedkar I I Community Hall, the respondents cannot interfere with the \ l possession of the property of the petitioner. The .letter of Tahsildar, Hasanparthuy Rc.No.B/ L4O 12025 dated 25.02.2024 cannot be taken into account as the property is not agricultural land as the petitioner obtained building permission and the sarne was ratified by the Kakatiya Urban Development Authority (KUDA) in Proc RC.No.C2l L867 I 89, dated 16. 1 1. 1989. 9 In view of the above findings, the Writ Petition is disposed of directing the respondents not to interfere with the possession of the petitioner over the subject propertSr without conducting survey in the presence of the petitioner B SK, J W.P.No.21 100 of 2017 in respect of the subject property and follo'a'due procedure before interference with the possession of the subject property. No order as to costs.

10. Miscellaneous petitions, if any pending in this writ petition, shall stand closed. No order as to costs. SD/.S. MALLIKARJUNA RAO A SI TANT REGISTRAR //TRUE COPY// becrtott oFFtcER yderabad, State of

1. The Prl. Secretary Revenue Department, Secretariat Telangana The District Collector, Warangal, Warangal District. The Revenue Divisional Offic6r, Warangal Urban RDO Office near KUDA Hanamkonda,Warangal District. Mandal Revenue Offide, Hasanparth-y Mandal Warangal District. ihe Deputy lnspector Survey and Lan-d, Records' Municipal Office Premises, Khazioet. Waranoal District. one CC to SRI c:A.R.SESHAG|Rl RAO, Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad [OUT] Twg CD Copies To 2 3 4 4 r) 7 R PSK I \ HIGH COURT DATED:1 310312025 ORDER WP.No.21100 of 2017 .:.' , !.,.8 s lA/ o^ 2 I I'IAH Z 025 (+'( z a ,\ l ... .). \'.,"'.i:.. i:i{-:.g ptti DISPOSING OF THE WRIT PETITION WITHOUT COSTS I ,' >\ ( )5 )) I i i I I I