The High Court · 2025

o Smt. Sultana Sarwar, D/o Late Khaja Mir Waiid Ali, Rto 2026, tW Court, Schaumburg, lllinois, U.S.A. .....RESPONDENTS 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 an order or direction more partrcularly one in the nature of writ of Mandamus declaring the action respondent No.4 and 5 in interfering into the peacefur possession of house bearing-No.1-g-3g/1 0f the petitioner of the petitioner to an ext'|rnt of admeasuring 625 sq. yards in sy.No.3gl which is situated at main Road, Budwel Village, Rajendranagar lMandal, Ranga Reddy Distr'ict, and trying to conduct the survey and demarcation in the residentiar area, without issuing any notice and without forowing the dr.re process of raw, by colluding with the re ;pondent No.6 to g and trying to drs possess the petitioner from his prot is highry ilegar, arbitrary, u nconstitutiona r, vi<.rration of the principres of naturar justice and in vioration of Articres 14 and 300-r, of the constitution of lndia. l.A.NO:1 oF 2025 Petition Under fiection 151 cPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High cou 1 may be preased to direct the responcient \o.4 and 5 not to interfere into the pilaceful possession of house bearing.N..1-8.3g.1 1 of the petitioner of the petiti,ner to an extent of admeasuring 625 Sq yards in sy.No.3gl which is situated :, t main Road, Budwer Village, Rajendranagar [Vlandal, Ranga Reddy District, anr, not to conduct the survey and demarcatio, in the above residentiar area, to forcw the due process of law' not to dispossess the petitioner from her constructed ho.rse pending disposar of the writ petition. Counsel for the petitioner : SRI RAPOLU BHASKAR ::Ulil.r the Respondent Nos.1 to 4 : SRt L.RAVINDER, ,i\Gp FoR Counsel for the Respon dent Nos.5 to 9 The Court made the following ORDER THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.24902 of 2025 oRAL ORDER: Heard Mr.Rapolu Bhaskar, learned counsel for the petitioner and Mr.L.Ravinder, learned Assistant Government Pleader for Revenue.

2. Petitioner herein is claiming that she is the absolute owner and possessor of House bearing No. t-8-39/l admeasuring 625 square yards in Sy.No.391, situated at Main Road, Budwel Village, Rajendranagar Mandal, Rangareddy District, on the strength of the registered sale deed bearing Document No.l139 of 1980, dated 26.11.1980.\ With an intention to re-construct the subject house, she has demolished the said old house and obtained building permit order dated 04.11.2023 from GHMC for construction of 2 cellar + I ground floor + 5 upper floors. According to the petitioner, she is proceeding with construction strictly in accordance with the said building permit order dated 04.11.2023 without any deviation. Even then, at the instance of respondent Nos.6 to 9, --\ 2 respondent Nos.4 and 5 are interfering with thc possession of the petitioner over the subject propefty rnd also the construction L,cing canied out by her in the afor,:said property, without lbllo'r',ing the due procedure laid dorvn under law. Challenging the said action of respondent Nos.4 and 5, petitioner filerl the present writ petition.

3. Learned Assistant Government Pleader for Revenue has produced wrilten instructions of respondent No 4, which state that respondt:nt Nos.6 to t have lodged complaints with respondent N,r.4 stating that the petitioner is proceeding with the constructicn by encroaching into their land in Sy.No.391. Therefore, respondent Nos.6 to 9 requested resprtndent No.4 to t conduct surve y. On receipt of the said complaitt, iurvey *as entrusted to rt:spondent No.5, who in tum, issuc,d notice dated

02.08.2025 fi:ring the date to conciuct survey on 18.08.2025

4. It rs furlher stated that the Deputy ()ommissioner, Rajendanraga:, Circle No.l l, GHI\'IC, addresserl a letter dated

10.04.202.5 tc, respondent No.4 stating that rei;pondent No.6 has lodged,:omplaints dated 25.01.2025 ard 20.04.2024 3 stating that petitioner is proceeding with the construction encroaching into his land. Except issuing of notice dated

02.08.2025, neither respondent Nos.4 and 5 nor their subordinates interfered with the possession of the petitioner over the subject property and the construction. The said written instructions are placed on record.

5. Perusal of the letter dated 10.04.2025 addressed by the Deputy Commissioner, Rajendrangar, Circle No.11, GHMC, would reveals that respondent No.6 has lodged complaints with GHMC stating that petitioner is carrying out construction 0 in his land in Sy.No.39l of Rajendamagar. According to the petitioner, she is carrying out construction in her land in Sy.No.39l, strictly in accordance with the building permit order dated 04.11.2023. Therefore, instead of advising I I respondent Nos.6 to 9 to approach the competent Civil Court for redressal of their grievance, respondent No.5 has issued notice dated 02.08.2025 for conducting survey.

6. In the light of the same, notice to respondent Nos.6 to 9 is dispensed with. This Writ Petition is disposed of directing 4 respondent Nc,s.4 and 5 not to interfere with the possession of the petitioner,lver the subject propeny and construction being carried out b;r her pursuant to building permit order dated

04.11.2023. However, petitioner shall car'ly out the construction strictly in accordance with the brrilding permit order dated 04.11.2023, failing which, liberty is granted to the Deputy ComnLissioner, Rajendamagar, Circle No.1l, GHMC, to take actiorL against her, strictiy in accordance with the procedure laid down under lavr. Miscellaneous applications, if any pending, shall stand closed. There s;hall be no order as to costs. //TRUE COPY// SD/.MOHD. ISMAIL AR t$l_'l_-*"_'l .. SECTION OFFICER To SA BS District. Secretariai, Starte of Telangana at Hyderabad 1 . The Principal Secretary, Revenue Department, Secrel ariat Building' " z. in" oiitri.i Co lector, Ran6a Reddv, Ranga Reddv Di;trict 5. iil; R;;;;u.ilirisionat ofriier Ralendraiagar Divisirrn' Ranga Reddv a The iansirOar. Rajendranagar tvlandal, Ranga Reddy lttligt: ^,-^-,^. 5. The Mandal Surveyor, Raiendranagar Mandal Ranga Redoy!':1!'91-^ ^. O. f*o CCs to GF' FOR REVENUE. High Court for the Siate ot lelangana ar z oi,e cC to dRt RRporu BHASKAR, Advocate [oPU()] g. Two CD C;opies Ig- Hyderabad [OJT] HIGH COURT DATED:22108t2t025 ORDER WP.No.24902 of 2OZs /'-:::-' -: -:: 1...i II:* .) -i ( r: 12S i:0 ?t?5 . c) C) /.) '.\, /. " i\ -,"- \. DISPOSING OFTHE W.P WITHOUT COSTS. \q1fl