High Court · 2025

Smt. Seelam Ramar [#,'*:ji:E,Jfi TT'aY]|,$E:F,T,,t5:tff h jg::4i'S:t#ilBi,r8;,?fi i AND ...PETITIONER

1. The State of Telangana, R roGovernment,s"d,"tii,i?riilHn?'EAfl H.6lr',"i,:+Jlri?H?:fi i::."iS:? The Diskict Collector, Hyderabad District, Hyderabad. The Tahsildar, Musheerabad lVlandal, Hyderabad. 3ffifrl##"1:bad Municipal corporation, rep. by its commissioner, Tank The Deputy Commrssioner, Musheerabad, Circle_15, GHMC. Hyderabad. 2 3 4 4 ...RESPONDENTS Petition under Articre 226 0f the constitution of India praying that in the circumsrances stated in the affidavit fired therewith, the High court may be pleased to issue writ, order or direction particurarry one in the nature of writ of Mandamus decraring the action of respondents in interfering with construction of house in Plot No.30, Survey No. iB2, TS No,03, Block_F, Ward No. .150, No.1, Block No.6 of Zamistanpur Village, Musheerabad Mandal, Hyderabad, without issuing any notice and without forowing the due procedure contemprated under raw, as i,egar arbitrary in vioration of Articres 21 and 300-4 of the constitution of lndia and consequently to direct the respondents not to interfere with the construction in plot No.30, Survey No. 1g2, TS No.03, Block_F, Ward No. 150, Ward No.1, Block No.6 of Zamistanpur Village, Musheerabad Mandal, Ward Hyderabad. _'a.r': i :.:r tA NO: 1 oF 2025 petition under section i 51 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be pleased to DIRECT the respondents not to interfere with the construction in Plot No 30' Survey No. 182, TS No 03' Block-F' Ward No 150' Ward No 1' Block No 6 of Zamistanpur Village, tr/lusheerabad Mandal' Hyderabad' pending disposal of main writ petition Counsel for the Petitioner: SRI SREENIVASA RAO VELIVELA Counsel for the Respondent No"t to 3: AGP FOR REVENUE Counsel for the Respondent No'4 & 5: SRI G'MADHUSUDHAN REDDY ' SC FOR GHMC The Court made the following: ORDER (-r TIIE IIONOURABLE SRI JUSTICE K. LAKSTT]VTAN WRIT PETITIONNo.27096 of 2025 oRAL ORDER: Heard leamed counsel for the petitioner; Ms.T.Swetcha, learned Assistant Government pleader for Revenue appearing for the respondent Nos.l to 3; and Sri G.Madhusudhan Reddy, learned Standing Counsel for the Greater Hyderabad Municipal corporation (GHMC) appearing for respondent Nos. 4 and 5. 2. The petitioner herein is claiming that she is the absolute owner and possessor of the land admeasuring lg5 square yards in Plot No.30, Sy.No.lg2, TS No.03, Block_F, ward No.l50, situated at Zamistanpur Village, Musheerabad Mandal, Hyderabad on the strength of a registered Gift Settlement Deed bearing Document No.33 I 7 of 2024, dated 19.07 .2024, executed by her mother. She has obtained a building permission order dated 19.07.2025 from respondent No.4 for the construction of a stilt + two upper floors. The petitioner is proceeding with the construction strictly in accordance with the building permit order dated, 19.07.2025, and the construction is currently at the pillar stage. Even then, respondent No.3 is interfering with the 2 construction of the petitioner over the said property without following the due process of law' Chatlenging the said action of respondent No.3, the petitioner has filed the present writ petition'

3. Whereas, the leamed Assistant Govemment Pleader for revenue, appearing for respondent Nos'l to 3' has produced written hstructions of respondent No'3 stating that subject property falls in TS No'03, Block-F' Ward No'150 of Zamistanpur Village, Musheerabad Mandal' Hyderabad' and that i.nColumnNo.l0,itisrecordedaS.RamapuramNarasimhulu Sio. Venkanna,' and in Column No'20' it is recorded as 'G- Abadi',whichdenotesGovernmentland.Thepetitionerhasnot produced any relevant link documents to estabiish how she acquired the property. She obtained the building permission by concealing the facts. The said written instructions are placed on record

4. A perusal of the record would reveal that the petitioner's motherisclaimingrightoverthesaidpropertybasingona registered Deed of Conveyance bearing No'822' dated

12.02.2010, executed by the Government of Andhra Pradesh' I 1 i t I i I I I t t t 3 represented by the District Collector, Hyderabad. This was pursuant to G.O.Ms.No.166, dated 16.02.200g, issued for the regularization of encroachment in the form of dwelling houses on Goverrunent lands in urban areas of Hyderabad, on payment of market value and subject to certain conditions. If the said land is G-Abadi land, respondent No.3 has to take steps to cancel the Deed of Conveyance, as well as the aforesaid Gift Settlement Deed and the building permission order dated 19.07.2025 issued by the GHMC. Therefore, respondent No.3 cannot now claim that the land is G-Abadi land.

5. In the light of the aforesaid discussion, the writ petition is disposed of, directing respondent No.3 not to interfere with the construction activity being carried out by the petitioner pursuant to the building permit order dated lg.O7.2OZ5 issued by the GHMC. However, the petitioner shall proceed with the construction strictly in accordance with the building permit order, failing which liberty is granted to respondent Nos.4 and 5 to take action against the petitioner in accordance with the procedure laid down under the GHMC Act, 1955. There shall be no order as to costs. 4 Asasequel,miscellaneouspetitionspending,ifany,shall stand closed. t' "'rt,rfoo,lYt88't+[ffi I SECTIO](OFFICER //TRUE COPY// To, 1 . The Principal Secretary to Government' Revenu^e Depgllment' ' atiiiai"s;, En-xn snru,h, ianr ouna' Hyderabad' state of Telansana' 2. The District Collector, Hyderabad District' Hyderabad. 3. The Tahsildar, Musheerabad Mandal' Hyderabad' 4.Thecommissioner,GreaterHyderabadtvunicipalcorporation'TankBund' -S-ecretariat Hyderabad.

5. The Deputy Commissioner' Musheerabad' Circle-'15' GHMC' Hyderabad' 6. One CC to SRI SREENIVASA RAO VELIVELA' Advocate IOPUCI 7 one CC to SRI G IUADHUSUDHAN REDDY SC FoR GHMC IOPUC] B. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

9. Two CD CoPies BSR BS / I l : i I I I I I I L I i l I { HIGH COURT DATED:10 10912025 ,:7 /..7.,-.,: i' .:- ii.: ) i! - 4 I \..1 t.i s.,,-..- --.: , -.--..._ .,---- ;. ORDER WP.No.27096 of 2025 DISPOSING OF THE WRIT PETITION' WITHOUT COSTS