✦ High Court of India · 04 Sep 2025

The High Court · 2025

Case Details High Court of India · 04 Sep 2025
Court
High Court of India
Decided
04 Sep 2025
Bench
Not available
Length
1,005 words

Acts & Sections

.....RESPONDENTS Petition Under Articre 226 ot the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or direction more particurarry one in the nature of wRrr oF MANDAT\rus decraring the action of the 4th respondent threatening the petitioner eviction / dispossession and demorition of compound wall of the petitioner prot / House Bearing No.227, in survey No.116 to 1 1g and 136 to 143, admeasuring 261.00 Sq. yards, or 2,,8..19 Sq. Mtrs., Situated at POPPALGUDA VTLLAGE and G.p., Gandipet t\,4andar Ranga Reddy District is illegal, arbitrary violation of fundamental rights guaranteed under the constitution '/ of lndia particularly right to life and right to property and dereliction of duties misusingofpowersconferredunderArticlel2oftheConstitutronoflndiaaswell as Telangana Rights in Land and Pattadar pass Book Act and rules made thereunderandwithoutjurisdictionconsequentlydirecttherespondentspaythe damages of the value of the demolition compound wall of Rs 50'00'000/{o the petitioner t.A.NO :'1 0F 2025 PetitionUnderSectionl5lCPCprayingthatinthecircumstancesstaledin theaffidavitfiledinsupportofthepetition,theHighCourtmaybepleasedto directtherespondentsnottoeviction/interfere/dispossessionofthepetitioner fromthelandPlot/HouseBearingNo'227'inSurveyNo116to118&'136to 143, admeasuring 261 00 Sq' Yards' or 218 19 Sq Mtrs ' Situated at POPPALGUDAVILLAGE&G.P-,GandipetfVlandelRangaReddyDistrictpending disposal of the writ Petition' Counsel for the Petitioner : SRI AMBEDKAR DUNNA Counsel for the Respondent Nos'1 to 4 : AGP FOR REVENUE Counsel for the Respondent No'5 : SRI V'NARASIMHA GOUD' SC FOR HMDA The Court made the following ORDER I HON'BLE SzuJUSTICE K. LAKSHMAN WRIT PETITION No.26815 OF 2025 ORAL ORDER Heard leamed counsel for the petitioner, learned Assistant Govemment Pleader for Revenue appearing on behalf of respondent Nos. I to 4 and Mr.V. Narasimha Goud, learned Standing Counsel Ibr HMDA appearing on behalf of respondent No.5

2. The petitioner herein is claiming that he is rhe absolure owner and possessor of house bearing Plot No.227, admeasuring 26 I square yards in Survey Nos.l16 to l18 and 136 to 143. situatcd at Puppalguda Village, Gandipet Mandal, Rangareddy District. on the strength of a registered Gift Deed bearing document No.822 I of 2016. dated 23.12.2016. He has obtained LRS proceedings darcd

28.06.2017 and also building permit order dated26.06.2014 liom the thcn Gram Panchayat, Puppalguda Village.'He has construcled house and is staying in the said house. In proof of the same, hc has tllcd copies of gift deed, link documents, LRS proceedings, housc construction permission, layout and payment ol' clectricity consumption charges etc. Even then, respondent No.4 camc t"o the 2 Kt,.J wP No 2681i of2025 subiect property and tried to dispossess the petitioner from the subject property w ithout lbltowing due procedure laid down undcr law'

3. Whercas. lcamed Assistant Govemment Pleader for Revenue has protluced rvritten instructions of respondent No'4 in W P' No.268l 2 of 2025. wherein it is stated that the land to an extent of Acs.2.l0 guntas in Survey No.t46 of Puppalguda Village is Govemmcnt l-and. 'l'he pe titioner's property is in Survey No' 143 of the very same village. Even then, the petitioner tried to encroach into the lancl in Surve)' No. 146 and also tried to construct a compound watt. Therclbre. the fietd staff of respondent . No.4 rcsisted the construction of the said compound wall.

4. In thc light of the aforesaid submissions, tft..J is a dispute with regard to iclentification of property. In such an event, respondent No.4 has to conduct survey and demarcate the land of the aforesaid survey numbers. Without following such procedure, respondent No'4 cannot dispossess the petitioner from the subject property'

5. 'fhis writ pctition is accordingly disposed of directing respondent No.4 to conduct survey and demarcate the land in Survey Nos.146 of Puppalguda Villagc and the land belonging to the -) I\I-.J WP No 2681i oal0li petitioner in Survey No. 143 of thc very same village, strictly in accordance with law by putting the petitioner, all interested parties on noticc and aflbrding them an opportunity. If the subject property falls within Survcy No. 146, liberfy is grantcd to respondent No.4 to take action against the petitioner herein in accordance with law. Till the said excrcise is completed, respondent No.4 is directecl not to dispossess the petitioner from the subject land. At the same time, thc petitioner hcrein is also directed not to proceed with the construction in the land in Survey No. 146 of puppalguda Vi[age. In thc circumstances ofthe 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. //TRUE COPY// SD/-MOHD. ISMAIL DEPUTY REGISTRAR / ,?' SECTION OFFICER

1. The Principal Secretary, Revenue Department, Telangana Secretariat, State of Telangana at 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 [\ilandal, Gandipet, Ranga Reddy District. 5. The Commissioner, Hyderabad lVletropolitan Development Authority ( HI\,4DA), Greater Hyderabad It/unicipa I Corporation [t/anikonda Circle, 1 Vlani konda Ranga Reddy District.

6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

7. One CC to SRI AMBEDKAR DUNNA, Advocate [OPUC] 8. One CC to SRI V.NARASIIVHA GOUD, SC FOR HMDA, Advocate (OPUC) 9. Two CD Copies To SA GJP \ ;1 a 18 ShP mx +t t sp, rct\tO \r * I HIGH COURT DATED:0410912025 ORDER WP.No.26815 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. \

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