✦ High Court of India · 15 Oct 2025

One CC to Sri v. Yadu Krishna Sainath

Case Details High Court of India · 15 Oct 2025
Court
High Court of India
Decided
15 Oct 2025
Bench
Not available
Length
1,025 words

Petition under Arlicle 226 of the Constitution of lndia praying that in the circumslances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction particularly one in the nature of Writ of Mandamus questioning the action of the respondents No. 3 and 4 in interfering the pelitioners House bearing No.2-1 18, admeasuring 605 Square yards in Sy. No.120, Situated at Kannala Laxmipur Village Shivar, Belampalli Mandal, Mancherial District is bounded by East- G.P.Road, West- Kannala Road, North- House of Dharmoji Venkatesh, South-G.P.Road, without issuing any notice, opportunity of being heard and without following due process of law as is illegal, arbitrary and violative of Article 300-4 of the Constitution of lndia and consequently direct the respondents no.3 and 4 not to interfere in to the petitioners House bearing No.2-118, admeasuring 605 Square yards in Sy. ''.:1t. :.. 'i -_ itit7 .t No.120, Situated at Kannala Laxmipur Village Shivar, Bellampalli Mandal, lvlancherial District. lA NO: 1 OF 2025 Petition under section 15 r 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 no. 3 and 4 not to interfere in to the petitioners House bearing No 2-1.18, admeasuring 605 Square yards in Sy. No.120, situated at Kannara Laxmrpur village shivar, Belampafli It4andal, Mancherial District, is bounded by East- G.P.Road, West- Kannala Road, North-House of Dharmoji Venkatesh, South- G,P.Road, pending disposat of the writ petition. Counsel for the Petitioner: SRI V. YADU KRTSHNA SAINATH Counsel for the Respondent Nos.1 to 3: SRI L. RAVINDER, AGP FOR REVENUE Counsel for the Respondent No.4: SRI K. PRADEEP REDDY, SC FOR GRAMPANCHAYAT The Court made the following: ORDER 7 THE HONOURABLE SRT JUSTICE E.V.VENUGOPAL WRIT PETITION No.24465 of 2o25 ORDER: This writ petition is liled for the foliowing prayer: ",..1o issue Q Writ o.f Mendanuts questroning the action of the responclerts Nos.3 and 4 ttr interferiry the petitioners House beanng No2118, eclnteasunng 605 Square Aards in Sg.No.12O, Sifualer.l al Kerurala Loxmipur Vitlage Shiuar, Bellarnpalli Manclal, l[ctrrcheiol Distrtct is bounded by East C-P Road, Wesl- Kann<tla Roctcl, North llouse of Dhamroji Venkalesll, Soltth G.P Road, uttthout issuing ang notice, opportunitl1 of bcurg heartl arvl uilhout following due process oJ'laru as is illegal, arbitrory orLd uiolattue of Arlicle 300 A of tlte Constilutiotr ol hrdru and consequenllg direct the resportderl1s ffos.il arrr1 4 not to itterJere in to the petitioners LIouse bearuq No.2 118, adrrteosuing 605 Squore gards irr Sy. No. l2O, Srluale.,l at Karurala Laxmipur Village Shiuar, Bello q)alli lllco(lctl, hlrutcheial Distict ..."

2. Heard Sri Yadu l(rishna Sainath, learned counsel for the petitioner, Sri L. Ravinder, learned Assistant Government Pleader lor Revenue appearing for respondent Nos.l to 3 ancl Sri l(.Pradeep Reddy, learned Standing Counsel for Grampanchayat, appearing for respondent No.4.

3. Learned counsel lor the petitioner would submit that the petitioner is the owner altd possessor of the house bearing No.2-118, admeasuring 605 Sq.yds in Sy.No.120, situated at Kannala Laxmipur village shivar, Bellampalli Mandal, Macherial District (herein after referred as "subject 2 propert-v") by rvat ol succession ancl her name was entered in gram p:rnchavat records and shc is paying property tax regularlv to respondent No.4. As tl-rc subject property was rn clilapidatecl <:ondiLion, the pctitioncr removed here house ir.nd requesting tl're authoritv to give permission for construction ol' neu, house and applied building permission and thc silrre \\,as rejected bv respondent No.4. While the rnatter stood thtrs, respondent Nos.3 and 4 are trying to interfere ir-rto the propcrty stating that the land belongs to the Governrnent. Tl-rcrcforc, he seeks direction to the responderrts not to interlerc into the possession of the petitioncr ovcr the subjcct llr(.rDCrt.\'

1. l,carned Assistant (iove rnment Pleader for Revenue and learncd -star-rdirrg Counscl for (irampar-rchayat in one voice u'ould submit that the petitioner was never in the possession of the property and ',r'ithout there being any documcnt s, the pctitioner demonstrating that he is in possession ol the propertJ,, u'hich is the Government propert-\,, hent:e, seeks to dismiss this rvrit petition

5. Ilaving heard learncd counscl for the petitioner, learnecl Assistant Govcrnment Pieader for Revenue and f 3 learned Standing Counsel lor Grampanchayat and upon perusal of the material placed on record, this Court without making any observations on tl-re merits or demerits of the case on the aspect of possession of the property, deems it appropriate to direct the respondent authorities to strictly follou, the procedure contemplated under lau, by issuing necessary notice to the petitioner if so warranted and take appropriate action in accordance with law

6. With the above direction, this writ petition is disposed of. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed Sd/-M. OSMAN ALI BAIG ASSISTANT REGISTRAR I //TRUE COPY// SECTION OFFICER To,

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

2. The District Collector, Mancheriai District. 3. The Tahsildar, Bellampalli Mandal, Mancherial District. 4. The Panchayat Secretary, Mandal, Mancherial District. . The Kannala Laxmipur Grampanchayt, Bellampalli

5. One CC to Sri V. Yadu Krishna Sainath, Advocate [OpUC] 6. Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad [OUT]

7. One CC to Sri K. Pradeep Reddy, SC for Grampanchayat[Opuc] 8. Two CD Copies TJ HIGH COURT EW,J DATED:1 511012025 ORDER WP.No.24465 oI2025 I o t 3 zt ilAB 20fr 2 6 .A '.rLtl DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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