Yaseen Mohd Badrul Hasan v. The State of Telangana

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 appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 4th respondent threatening the petitioner eviction / dispossession and demolition of compound wall of the petitioner Plot / House Bearing No.222, in Survey No.116 to 118 and 136 to 143, admeasuring 278 Sq. Yards, or 232.4 Sq. Mtrs., Situated at POPPALGUDA VILLAGE and G.P., Gandipet Mandal Ranga Reddy District is illegal, arbitrary violation of fundamental rights guaranteed under the Constitution of lndia particulady right to life 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 thereunder and without jurisdiction consequently direct the respondents pay the damages of the value of the demolition compound wall of Rs. 25,00,000/-to the petitioner 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 mery be pleased to direct the respondents not to eviction i interfere / dispossession of the petitioner from the land Plot / House Bearing No.222, in Survey No.l 16 to 118 and 136 to 143, admeasuring 278 Sq. Yards, or 232.4 Sq. Mtrs., Situakrd at pOppALGUDA VILLAGE and G.P., Gandipet Mandal Ranga Reddy District pending disposal of the Writ Petition Counsel for the Petitioner: SRl. AMBEDKAR DUNNA Counsel forthe Respondent Nos.1 to 4: AGP FOR REVENITE Counsel for the Respondent No.5: SRI V.NARASIMHA GOl.,D SC FOR HMDA The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.26812 OF 2025 ORAL ORDER Heard leamed counsel for the petitioner, learned Assistant Govemment Pleader for Revenue appearing on behalf ol'rcspondcnt Nos.1 to 4 and Mr.V. Narasimha Goud, leamed Standing Counsel for HMDA appearing on behalf of rcspondent No.5

2. The petitioner herein is claiming that he is thc absolute owner and possessor of house bearing Plot No.222, admcasuring 278 square yards in Survey Nos.l i6 to 118 and 136 to 143. situated at I'uppalguda Village, Gandipet Mandal, Rangareddy District, on the strength of a registered sale deed bearing document No. 1687 ol 2003, dated 11.03.2003.- He has obtained LRS procccdings dated

28.06.2017 and also building permit order dated 26.06.20[4 lrom the I then Gram Panchayat, Puppalguda Viltage- He has constructed house and is staying in the said house. In prool'of the same. hc has filcd copies of sale deed, link documents, LRS proceedings. house construction permission, layout and paymcnt of electricil-y consumption charges etc. Even then, respondcnt No.4 came to the 2 KI-,J wP No 26812 of 202i X subject propenv and tried to dispossess the petitioncr tiorn the subject propertv without following due procedure laid down under law. i. Whcreas, leamed Assistant Govemment pleader lor Revenue has produced written instructions of respondent No.4. whcrein it is stated that the land to an extent of Acs.2.l0 guntas in Survey No. 146 of Puppalguda Viltage is Govemment Land. The petitioner's property is in Survey No.l43 of the ven same village. Evcn thcn. thc petitioner tried to encroach into the and in Survey No. t46 and also tried to construct a compound wall. Therefore, the field staff ol respondent No.4 resisted the construction of the said compound wall. Thc said written instructions are place,I on record.

4. In the light of the albresaid submissions, the re is a disputc with regard to identification of property. In such an ev(:nt. respondent No.4 shall conduct survey and demarcate the land ir the aforesaid survey numbcrs. Without following such piocedure, respondent No.4 cannot dispossess rhe petitioner from thc sub.iect property.

5. fhis writ pctition is accordingly disposerl of directing rcspondent No.4 to conduct survey and demarcate the land in Survey -. Nos. 146 of Puppalguda Village and the tand belonging to the 3 KL,J W P No 26811ol loli petitioner in Survey No. t43 of the very same village' strictly in accordance with law by pufting thc petitioner, all interested parties on notice and affording them an opportunity' If the subject property falls within Survey No.146, liberty is granted to respondent No'4 to takc action against the petitioner herein in accordance with law' Titl the said exercise is completed, respondent No'4 is directed not to disposscss the petitioner from the subject land' At the same time' the petitioner herein is also directed not to proceed with the construction in the tand in Survey No. 146 of Puppalguda Village ln thc circumstances of the case, there shall be no order as to costs' As a sequel thereto, miscellaneous petitions' if any' pending in this writ petition shall stand closed' SD/. P. PONNA KRISHNA S TANT REGISTRAR /TTRUE COPY// I ECTION OFFICER To, 1 2 Hyderabad. The Principal Secretary' Revenue Department' Telangana Secretariat' The District Collector, Ranga Reddy' Ranga Reddy District' The Revenue Divisional officer, Gandipet Revenue Division, Gandipet, Ranga ReddY District. 1

4. The Tahsildar, Gandipet [VIandal, Gandipet, Ranga Reddl' District. 5. The Commissioner, Hyderabad Metropolitan Developmer t Aulhority ( HMDA)' Greater Hyderabad Mirnicipal Corporation Manikonda Cir:le, Manikonda, Ranga Reddy District.

6. The Commissioner, Hyderabad Metropolitan Developmerrt Authorit Greater Hyderabad Municipal Corporation, [\Ianikonda Ci'cle, Mani Ranga Reddy District. ( HMDA), v k

7. One CC to SRl. AIVBEDKAR DUNNA Advocate IOPUCI 8. One CC to SRI V.NARASIIVHA GOUD SC FOR HMDA K)PUCI 9. Two CCs to GP FOR REVENUE ,High Court for the Stat3 of Telangana IOUTI

10.Two CD Copies KKS PVL \ \_..-- - I HIGH COURT DATE D :04 10912025 \ ORDER WP.No.26812 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS wll[u ';Hf S,-4 'i6. i._rF \: 1O SEP 285 ,l ..i 6 i) ,/,/ I i I I