The High Court · 2025

2. Pusukuri Sunitha , Wo. Srinivasa Rao, aged 50 years, Occ_House Hold, R/o. H. No. 10-120/3/D8, Palakurthy Village anid Mand-al, Jangoan District. AND ...PETITIONER 1 The State of . Telangana, rep. by its Principal Secretary (Revenue), _ Secretariat, Hyderabad.

2. The District Collector, Jangoan District, Jangoan. 3. The Tahsildar, Palakurthy Mandal, Jangoan District. 4. The Mandal Surveyor, O/o. The Tahsildar, Palakurthy Mandal, Jangoan District.

5. The District Survey Officer, Survey and Land Records, O/o. The District Collector, Jangoan District, Jangoan.

6. The Assistant Director of Survey and Land Records, Jangoan Jangoan District.

7. The lnspector of Survey, Ghanpur (Stn.), Ghanpur, Jangoan District ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a via, Order or Direction, more particularly one in the Nature of IVANDAIMUS or any other appropriate writ declaring the action of respondents, more partiaiarty respondents No.3, interfering with the peaceful possession and enjoyment of the house property bearing H.No. 120l3/D8, situated in palakurthy Village and lVlandal, Jangoan District, owned and possessed by petitioner No.2, under the pretext of orders passed U/s. 6 of The Land Enr:roachment Act, 1905 pending disposal of the appeal filed U/s. 10 of the The Land Encroachment Act, 1905 along with stay application as illegal, arbitrary, politically motivated, abuse of office, and violative of the principles of naturat justice fair play, and the fundamental rights guaranteed under Articles 14, 21 , and 300-4 of the Constitution of lndia and consequently quash the proceedings U/s. 6 of Telangana Land Encroachment Act, i905 Procgs. No. B/41712005 dated. 05-06- 2025 by making false claims of encroachment into the government lands in Sy. No. 566 of Palakurthy Village and lVandal, Jangoan District, based on concocted survey reports of the respondent No. 6 declaring it as illegal, arbitrary, and u nconstitution a l. lA NO: 1 OF 2025 Petition under Section 151 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 to desist from interference with the peaceful possession and enjoyment including demolition of the house property owned and possessed by petitioner No.2 bearing H.No. 10-120/3/D8, situated in palakurthy Village and Mandal, Jangoan District, in any manner, pending disposal of the above writ petition. Counsel for the Petitioner : SRI P RAMULU Counsel forthe Respondents: AGP FOR ASSIGNMENT The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.2575O of 2O25 ORDER: Aggrieved by the action of respondent No.3 in interfering with the peaceful possession and enjoy,rnent of the house property bearing H.No.l2O/3/D8, situated in palakurthy (V & M), Jangaon District, owner and possessed by petitioner No.2, under the pretext of orders passed under Section 6 of the Land Encroachment Act (for short .,the Act"), 1905 pending disposal of the appear filed under section 1o of the Land Encroachment Act, 1905, the present writ petition is liled. A consequential prayer is sought to quash the proceedings issued under Section 6 of the Act, 2OO5 uide proceedings No.B/4 17/2OOS, dated. 05.06.2025 by making false claims of encroachment into the Government Lands in Survey No.566 of palakurthy (V & M), Jangaon District, based on concocted survey reports of respondent No.6 declaring it is illega_I, arbitrary and unconstitutiona_I.

2. Heard learned counsel for the petitioners and the rearned Assistant Government Pleader for Revenue appearing for the respondents.

3. Learned counsel for the petitioner submitted that as against the order gassed by the Tahsildar, palakurthy Mandal, Jangaon District _ 2 respondent No.3, uide proceedings No.Bl4l7 12025, dated 05.06.2025, whereby the Marrdal Girdawari, Palakurthy Mandal was authorized to carry out eviction and to take possession of the land and retain the same in proper custody, the petitioner preferred an appeal under Section 10 of the Telangana Lald Encroachment Act, l9O5 uide appeal No.E,3l877 12025 before the District Coliector, Jartgaon respondent No.2, and the said appeal is pending adjudication before the Appellate Authority.

4. It is further submitted that, while the said appeal is pending, the ofhcial respondents are attempting to dispossess the petitioner from the subject properq., which was allotted to the petitroner and assigned H.No.1O-120 l3lD8 by the competent authority. Aggrieved thereby, the petitioner is constrained to hle this writ petition seeking appropriate directions

5. Learned Assistant Government Pleader for Revenue submitted that, admittedly, al appeal is pending before the Appellate Authority, ard therefore, the contention of the petitioner tha.t the respondents a-re attempting to evict him relying upon the order of the Tahsildar ts misconceived. It is further submitted that, any action, if warranted, will be undertaken strictly in accordalce with 1ar,t,, foliowing due process. Accordingly, prays to dismiss the writ petitic,n. I 3

6. Having heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue, and in view of the fact that appeal hled under Section 10 of the Telalgana Land Encroachment Act, 1905 uide appeal No.E3 /877 12025 is pending 4djudication before the District Collector, Jangaon (respondent No.2), the respondent No.3 Tahsildar, Palakurthy Mandal is directed not to act upon the proceedings No.Blal7 12025, dated 05.06.2O2, until the said appeal is decided by the Appellate Authority.

7. With the above directions, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any pending, in this petition, shall stand closed sD/-s. ALLIKARJUNA RAO TSTANT REGISTRAR //TRUE COPY// ECTION OFFICER To, 'l . The Principal Secretary (Revenue), Secretariat, The State of Telangana, Hyderabad.

2. The District Collector, Jangoan District, Jangoan. 3. The Tahsildar, Palakurthy lvlandal, Jangoan District. 4. The Mandal Surveyor, O/o. The Tahsildar, Palakurthy Mandal, Jangoan District.

5. The District Survey Officer, Survey and Land Records, O/o. The District Collector, Jangoan District, Jangoan.

6. The Assistant Director of Survey and Land Records, Jangoan, Jangoan District.

7. The lnspector of Survey, Ghanpur (Stn.), Ghanpur, Jangoan District 8. One CC to SRl. P RAIVULU Advocate [OPUC] HIGH COURT DATED:2311012025 ORDER WP.No.25750 of 2025 -,i 1,,: (q V fl 4 ir0v 15 i:, "a I .tJic rCrrEt) DISPOSING OF THE WRIT PETITION WITHOUT COSTS q,+- \9 \'r) o\