The High Court · 2025
Case Details
Acts & Sections
Prakash. oil Depot, Partnership firm, Having rts registered address at prot, 334, sai -uy'it. prrtnur, Jitnenoai Ad"i*rr, Krupa Market, Marakpet, Hydearbad oistric[ nlp. s/o. Vedprakash Asdnrrat, Ased about +s v"iiilo"t _ Br;;;;;, R'i". ii]i,ralib z 751tN31, Road Nols, Tirumita nirrs, caJo'ianni'rrr, Hvo.iioJ,'r"rrngu;sir't". AND .....PETITIONER
1. The State of Tclangana, Rep. by its principal Secretary, Revenue Department, Secretariat Building, Secretaiiat, Hyderabad. 2. The District Collector, Ranga Reddy, Ranga Reddy District. 3. The Revenue Divisional Officer, Rajendraiagar. Division, Ranga Reddy District. 1 ]1" Tahsildar, Rajendranagar Mandat, Ranga Reddy District. 5 The MandalSurveyor, Rajendranagar Manait, Ranga Redby District. 6. Abdul Lateef Osman, S/o Osman Ahmed, Aged about 73 yelrs, R/o H. No. g_ _ ?: ?71A, MLA Cotony, Road No 12, Banjara-Ht|s, Hyderabad. 7. Mohammed Mir Ali, S/o r ate Khaja Mir wajid Ali Aged about 81 years, R/o ,'1460, Moroga, DR ELK Grove, VLG, iltrnois, U. S. A. , , presentty nlo H. No. ^ ?:2_57lA,MLA Cotony, Road No. 12,Banjara Hiils, Hyderabad. S Mir Fazal Ali, s/o Late Khaja Mir wAJrD Ari, Aged anout zo years, Rro 7s74, Sarson Way, Hannover park, lllinois, U. S. A. , presenfly R/o H. No. g_ 2_ ^ 57lA, l/LA Colony, Road No. 12, Banlara Hills, Hyderabad. 9 Smt Sultana Sarwar, D/o Late Khaja tvtir Walid Aii, Rlo 2026,lW Court, Schaumburg, Iilinois, U. S A., presenflyR/oH No 8_ 2- SZln nlf_aCoiony, Road No. 12, Banjara Hills, Hyderabad. Petition Under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit fired 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 of the respondents No. 4 and s in interfering into .....RESPONDENTS the peaceful possession of plot of the petitioner to an €rxtent of admeasurrng 1372. 50 Sq yards in sy. No. 3g1 which is situated at main Road, Budver Viilage, Rajendranagar Mandar, Ranga Reddy District, and trying to conduct the survey and demarcation in the residentiar area, without issuing any notice and without following the due process of raw, by coiluding with the respondent No. 6 to g and trying to drspossess the petitioner from his prot is hi<;hry iilegar, arbitrary, u nconstitutional, violation of the principles of natural justi(re and in violation of Articles '14 and 300- A of the constitution of lndia and ccnsequenfly direct the respondent No. 4 and 5 not to interfere into the peacefur po:;session of prot of the petitioner to an extent of admeasurin g 1372.50 sq. yards ir sy. No. 391 which is situated at main Road, Budver Viilage, Rajendranagar Mandar, Ranga Reddy District, and not to conduct the survey and demarcation rn the above residentiar area, to follow the due process of raw, not to dispossess flre petitroner from his above plot land I.A.NO:1 OF 2025 Petition Under Section 151 CpC praying that in the cirr;ury151sn"", stated in the affidavit filed in support of the petition, the High courr may be preased to direct the respondent No. 4 and s not to interfere into the peacefur possession of plot of the petitioner to an extent of admeasuring .1372 Sq. ),ards rn Sv. No. 3g1 which is situated at main Road, Budwer Viilage, Ralendrani,|ar Mandar, Ranga Reddy District, and not to conduct the survey and demar,:ation in the above residential area, to forrow the due process of raw, not to disp.ssess the petitioner from his above plot pending disposal of the writ petition. Counsel for the Petitioner : SRI RAPOLU BHASKAR 99y-Tgl lo, the Respondenr Nos.1 to 5 : SRI L.RAV|NDER, AGp FOR REVENUE a Counsel for the Respondent Nos.6 to 9 : _ The Court made the following ORDER THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.25397 of 2025 ORDER: Heard learned counsel for the petitioner and Mr. L. Ravinder, learned Assistant Government Pleader for Revenue
2. The petitioner is claiming that it is the absolute owner and possessor of open land admeasuring 1372.50 sq.yards in Sy.No.391 situated at Main road, Buclvel Village, Rajendranagar Mandal, Ranga Redcly District. On the strength of registered sale deed bearing Doc. No.11979 of 202L d.ated 13.12.2021, it is in possession of the subject property. Even then, the subject property was rrlentioned in the list of prohibited properties. Therefore, the petitioner has filed W.P.N9 .14724 of 2025 seeking a direction to the Revenue authorities to delete the subject property from the list of prohibited properties. Vide order dated 09.O6.2O25, the said writ petition was disposed of directing the petitioner to submit an online application to the competent authority with a request to delete the subject property from the list of prohibited properties and on filing such application, the \ 2 competent authority shall consider and dispose of the same in accordance q,ith law.
3. The grievance of the petitioner in the present writ petition is that at the instance of respondent Nos. 6 to 9, respondent Nos.4 and 5 are conducting survey and dispossessing the petitioner from the subje:t property, u,ithout following due process of law. Challenging the said action of respondent Nos.4 and 5, the petitioner filed the present wrlt petrtlon
4. Whereas, Sri L.Ravinder, learned Assistant Government Pleader for Revenue, on instructions would sutrmit that on the application submitted by respondent No.6, the 4e respondent has entrusted the survey to 5ft respondent, who inturn issued notice. However, the 5ff resporident will conduct survey strictly in accordance with prr;cedure laid down under lau' by putting the petitioner and respondent Nos.6 to 9 on notice and also afford them an oppc,rtunity.
5. As discussed supra, the subject property i:; situated in Budvel, which falls under GHMC limits. There are residential houses in the said area. Therefore, as per the Circulars of CCLA, conducting survey of residential area is not possible Therefore, respondent Nos.4 and 5 have to consider said aspects before conducting survey' In the light of the said discussion, respondent Nos'4
6. and 5 are directed not to dispossess the petitioner from the subject property without following due procedure laid dour-r under lau,. Before proceeding rvith the survey' respondent Nos.4 and 5 shall consider the Circulars of CCLA' for the purpose of conducting survey with regard to open plots On consideration of the said Circulars, if respondent Nos'l and 5 come to a conclusion that they can accept the rerluest made by the 6th respondent for conducting survey, the-v shall put petitioner on notice and afford it an opportunity'
7. with the aforesaid direction, the Writ Petition ts disposed of. There shall be no order as 'to costs' Miscellaneous petitions, if any, pending in this Writ Petition' shall stand closed' //TRUE COPYII sD/-MoHD. rsMArL PUTY REGISTRAR SECTION OFFICER District. riat Building,
1. The Principal Secretary, Revenue Depa(ment, Sec Secretariat, State of Telangana at Hyderabad. 2. The District Collector, Ranqa Reddv, Ranoa Reddv 3. The Revenue Divisional Ofricer, Rajendraiagar oiii 4 The Tahsildar, Rajendranagar Mandal, Ranga Reddy Distrrct. I lh" ylnd.rl i1ry"I9r,_t?igldr4asar Manoat, Rang'a Reddy District 6. lwo CCs to GP FOR REVENUE, High Court for the State oiTelangana at T One CC to SRt RAPOLU BHASKAR, Advocate tOpUCl 8. Two CD Copies District. sion, Ranga Reddy Hyderabad. [OUT] --=E#-.--+_.._+_+'r.h.-^--. To \0, SA BS C ., ir <... ,.-.'/ +.y' HIGH COURT DATED:2610812025 oR lHl! SrA 16- 10 liEP 2025 {, e c ,,.) ORDER WP.No.25397 of 2025 '-.,?. DISPOSING OF THE W.P WITHOUT COSTS. t?Lo t{