High Court · 2025

THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION N O:26827 oF 2025 Between: about 28 years, occ. private Junaid Hussain. s/o. Mr Aijaz Hussain, =JiJ?#"dlJ*t.ly,x#';"ro:,"i1'::sl'n**""ru'mg'i1pf:ix1: FidiHussain, Aged auoui 6b'V;;;-o" private servrce'FJo H No 11-3-210' LIr?'"; G ;;;;'d s, i/a I lepa t t i, Na mpa I lv' H vd e ra bad' -Aged, .....PETITIONER AND Revenue

1. The State of Telangana, Rep' by its ffn,cln-ai^S,ecretary' ' O""p"ti"i"r,t, Telan6ana Secretariat' Hyderabao' 2.TheDistrictCollector,RangaReddy,RangaReddyDistrict- 3. The Revenue Divisional Officer' Gandipet Revenue Division' Gandipet' Ranga "' 4. The Tahsildar, Gandipet Mandal, Gandipet, Ranga Reddybistrict, 5. The Hvderabad l\/etropolitan Development Authorilv ( HIUDA)' Rep by its Commissioner, c|."u#'"rivl"L"n'"il'il'ni"ipul Corp6ration' tvlanikonda Circle' Miniionoa, nanga ReddY District' neOOV Oistrict. I .,...RESPONDENTS Petition Under Article 226 ol lhe Constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith'theHighCourtmaybe 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 House Plot bearing Nos 223 and 224' in Survey Nos' '1 '16 to 1 18 and 136 to 143, total admeasuring 400 00 Sq Yards or 334'4 Sq'[t'4etres' situated at poppALGUDA vTLLAGE, Gandipet IVrandal, Ivlanikonda tr,4unicipality, Ranga Reddy District, guaranteed under the property and derelictio of the Constitution of pass Book Act and rul direct the respondents wall of Rs. 60,00,000/-t I.A.NO:1 OF 2025 IS illegal, arbitrary violation of fundamental rights Constitution of lndia particularly right to Iife and right to n of duties misusing of powers conferred under Article .12 lndia as well as Telangana Rights in Land and pattadar es made thereunder and without jurisdiction consequenfly pay the damages of the value of the demolition compound o the petitioner. Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High Court may be pleased to direct the respondents not to eviction / interfere / dispossession of the petitioner from the petitioner House prot bearing Nos.223 and 224, in Survey Nos. .r 16 to 1'18 and 'l 36 to 143, total admeasuring 400.00 Sq. yards or 334.4 Sq.N,4etres, situated at poppALGUDA VTLLAGE, Gandipet rVlandar, [,4anikonda tvruniciparity, Ranga Reddy District, pending disposar 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.S : SRI V.NARASIIVIHA GOt/D, SC FOR HMDA The Court made the following ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT P ETITION No.2 6827 oB 2025 oRAL ORDER: Heard leamed counsel for the petitioner' leamed Assistant Govemment Pleader for Revenue appearing on bchatf of respondent Nos. I to 4 and Mr-V Narasimha Goud' leamed Standing Counse I for I{MDA appearing on behalf of respondent No 5 ' '

2. The petitioner hercin is claiming that he is thc absolute owner and possessor of house bearing Plot Nos 223 and 224 admeasuring 400 square yards in Survey Nos l16 to I18 and 136 to 143. situated at Puppalguda Village' Gandipct Mandat' Ran'earcddy District, on the strength of a registered Cift Deed bearing document No.864 of 2004 dated 31'01 '2004' He has obtained LRS procecdings in| in the said dated 01.09.20 25' Hehas constructed house and it house. [n proof of the same' he has hled copics of gilt deed' LRS proceedings and layout etc Even then' responilent No -+ came to thc subject property and tried to dispossess the petitioner fiom the subject property without following due procedure laid down under law' 'taf

3. Whereas, leamed Assistant Govemment Pleader lor Revenue has produced written instructions o1'respondcnt No zl in W'P' 2 - KL.I W P No 26E27 ot-10_2i No.268 12 ol 2025, whercin it is stal.ed that the land to an extent ol. Acs.2.l0 gunras in Survey No. 146 of puppalguda Village is (iovemment t_and. The petitioner,s property is in Survey No.l43 ol the vcrv same village. Even then, the petitioner tried to encroach into the land in Sun ey No. 146 and also tried to construcl a compound wall. l.herefbre. the field staff of respondent No.4 resisted the construclion of thc said compound wall.

4. In the light of the aforesaid submissions, there is a dispure w'ith regard to identillcation of property. In such an event, respondent No.4 has to conduct survey and demarcate the land of.the aforesaid survcy numbcrs. Without following such procedure, respondent No.4 cannot dispossess the petitioner from the subject propertyt

5. This rvrit petition is accordingly disposed of directing respondent No.zl to conduct survey and demarcate the land in Survcl. Nos. I 46 o1' lruppalguda Viilage and the land belonging to the pctitioner in Sun,cy No.l,13 of the very samc village. strictll,, in accordance with law by pufting the pelitioner, all interested partics on notice and allording them an opportunity. If the subject propertv- falls within Sun,ey No. 146, liberty is granted to respondent No.4 10 rake action against the petitioner hcrein in accordance with larv. l.ill the .,/ I I I 3 KI .J U Jl \o lf$17 oll()lr said exercise is completed, respondent No'4 is directed not to <lispossess the petitioner from the subject tand' At the same timc' thc pctitioner herein is also directed not to procecd with the construction inthclandinSurveyNo.l46ofPuppalgudaVillage'[nthe circumstances of the case, there shall be no order as to costs' Asasequelthereto,miscellaneouspetitions,ifany.pendingin this writ pctition shatl stand closed' //TRUE COPY// SD/_MOHD. ISMAIL DEPUTY REGISTRAR 6-- SECTION OFFICER The Principal Secretary' Revenue Department' Telangana Secretariat' State ill"f"ryf:itfl #.:8j,ffi l:8?;ffi'aff ff xB';[:J"Gandpe'iRanga Tf; S%R:?fi :"): G andipet M :?:,?:ffi :?:r:!il#'r#ty:r:jjl'$#jfl:'fi:fl8il:Hlfi:iiullv'^' +*:tcs",t"'lg'P3$ *=ut*'E' Hish court for the state of relansana at g's?t"Jfl "*"?1oo*"'te(oPUC) l'*'t"gg*i'l*,'^=-esm^t30f Two CD Copies To 1

2. 4 5 6 7 o o SA GJP .i-*::- 'i S i-.t ,. ( i', 1B \', ,1t-\a SEP 2P5 : )lrc t.F-\' HIGH COURT DATED:0 4109t2O2S ORDER WP.No.26B2t of 2O2S DISPOSING OF THE W.P WITHOUT COSTS. lv(