Smt Nafees Begum v. The State of Telangana

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 writ, order or direction ryrore particularly one in the nature of WRIT OF MANDAMUS declaring the actign of the 4th respondent by passing impugned order proceedings B 13711112024 dated 22.08.2025, on the petitioner without conducting proper survey i enquiry / verifying documents is illegal, arbitrary violation of fundamental rights guaTanteed under the Constitution of lndia particularly right to Iife and right to propertY and dereliction of duties misusing of powers conferred under Article 12 of the Constitution of lndia as well as '#- Telangana Rights in Land and Pattadar pass Book Act and rules made there under and without jurisdiction set aside the same. 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 Stay of all further proceedings the impugned order proceedings B 13711112024 on the petitioner of the 4th respondents forthwith, pending disposal of the Writ Petition. Counsel for the Petitioner : SRI AMBEDKAR DUNNA Counsel forthe Respondents No.1to4: SRI L.RAVINDER, AGP FOR REVENUE Gounsel for the Respondents No.5 : SRI V.NARSIMHA GOUD, SC FOR HMDA The Court made the following: ORDER i]EF HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No 6 2r9 0F 2025 ORAL ORDER: HeardMr.DunnaArlrbedkar,le4rnedcounselfbrthepetitiorrer and Mr. L. Ravindar, learned Assistant Govemnlcnt Pleader fot'Revenue appearing on behalf of respondent No$' I to 4 and Mr' V' Narasimha Goud, Iearned Standing Counsel for IIMDA appearir.rg on behalf of respondent No.5.

2. The petitioner herein is clairriilng that she is thc absolute owner and possessor of the house bearing No'6--l-']28/a/ I ' Plot No 228lA admeasuring 2O0sq.yards in Sy'No'116 to I l8 and 136 to 143 situated at l)uppalaguda Village, Gandipet Mandat], Ranga Reddy District basing on the strength of registered sale deed be{ring docutnent No'4999 ol'2020' dated 06.06.2020 consisting shed dated l8'03'2016' Since then' she is in possession of the said propefly. In progfofthe same' she has filed copies of the aforesaid sale deed, layouti Dharani stalus' pahanies and photograPhs

3. While the matter stood thus, respondent No'4 has issued notice dated 23.01 .2025 alleging that thp petitioner occupied the land admeasuring 130 square yards ip Survey No' I 46' situated at 2 (l.,.t \\' l' \o ?6219 ol ll)la Puppalaguda Viltage, Gandipet Mandal and constrnctcd house illegally Therefore, seren (07) days time was granted to the petitioner to subnrit explanation. Shc I'ras submitted erplanation ou 29.0 I .2025. I{espondent No.4 did not pass any order on consideration of the said cxplanation. Hou,ever, respondent No.4 r,rde proceedings dated 12.08.1015 dirccted the petitioner Lo vacate lrorn the subject property. ('hallenring the said order. the petitioner herein filed the present writ petition.

4. As discussecl above, r'espondent No.4 has issued notice datcd

23.01 .2025 undcr Section - 7 of the Land Encroachmcnt Act III of 1905 The petitioncr has submitted explanation or1 29.0 I .2025. C)n consideration ol'the said explanation, respondent No.4 l-ras passed ordcr dated 12.08.2015 under Section - 6 of the Land Encrrrachrncnt Act [ll of

1905. lt is an appealable order in terms of Section - 10 ol'the l.and Encroachment Act III ol 1905. The petitioner has to prelcr an appeul betbre Appellate Authority.

5. Therc is no dispute rvith regard to the legal position that despite availability ol' alternative remedy. still the prescnr w,rir petition IS maintair-rable under thc following three circumstanccs as hctd by the Hon'ble Suprcnte Court in Asst. Commissioner of State Tax r - fryFr -/ --f ) KL,.I w.P. No 26219 of 2021 Commercial Steel Limitetlr and af so Whirlpool Corporation Registrar of Trade Marks, Mumbai2. l. ii. iii. A breach of fundamental rlghts; A violation ol the plinciplgs ol natural justicc: An excess ofjurisdiction;ior a challenge to the vires of the statule or delegated legisldtion. 1'he petitioner herein lailed to m1ke out any of the aforesaid circurnstances to maintain present wlit petition.

6. I'herefore, this writ petition is disposed of granting libcrty to the petitior.rer to prefer an appeal rlithin ten (10) days fror.r.r today ) challenging the order dated 22.08.2015 of rcspondent No.4 before the Appellate Authority in terms of Sectidn - l0 of the Land Encroachment Act III of 1905, and also an applicatibn to stay all further proceedings pursuant to the said impugned order d{ted 22.08.2025, and the Appellate Authority shall dispose of, the said st4y petition within two (02) weeks and the appeal within three (03) months fronr the date of f,rling the said appeal considering the aforesaid regi5tered sale deed, layout, Dharani status, pahanies and photographs etc. ;If the petitioner fails to prefer the appeal within the aforesaid timelinesl liberty is granted to respondent '. (r022) r6 scc 447 '. ( re98) 8 scc I 4 Lt..J \\ l' No 261l9ol lr)25 No.4 to take steps pursuant to the order dated 12.08.2025. ln thc circurnstances of the case, there sha[ be no order as to costs As a ser;Lrel thereto, rniscellaneous petitions. i1'any, pending in thc rvrit pctition shall stand closcd //TRUE COPY// SD/.T.SRIDEVI ASSTSTANTSgISTANT SEcTIOT.T6FFICER To,

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

2. The District Collector, Ranga Reddy. Ranga Reddy District. 3. The Revenue Divisional Officer, Gandipet Revenue Division, Gandipet, Ranga Reddy District

4. The Tahsildar, Gandipet Mandal, Gandipet, Ranga Reddy District. 5. The Commissioner, Greater Hyderabad Municipal Corporation Manikonda Circle, Manikonda, Hyderabad Metropolitan Development Authority ( HIVDA), Ranga Reddy District.

6. One CC to SRI Ail/BEDKAR DUNNA, Advocate. [OPUC] 7. Two CCs to GP FOR REVENUE, High Court for the State of Telangana.

8. One CC to SRI V NARSIMHA GOUD, SC FOR HMDA IOPUC] 9. Two CD Copies. BSK HIGH COURT DATED:01 10912025 CC TODAY -irtE SI4 C\I k o o :pq 20?5 0 -2 I * :) ORDER WP.No.26219 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \>