The High Court · 2025

3- P. Ashok Kumar, S/o. Late P. Narayan, Aged 67 years, Occ: Business, Rl/o. 4. P. Srilekha, W/o. P. Ashok Kumar, Aged 60 years, Occ: Housewife, Rl/o. H. No. ,4-30/1/8, Sainikpuri, Hyderabad Petitioners Nos. 1 to 4 are Rep. by their GPA Holder Petitioner No. 5 5. M/s Raichandani Constructions, A Partnership Firm having its office at #6-3- 354, sth Floor, S.B.Towers, Banjara Hills, Road No.1, Hyderabad, duly Represented by its Managing Partner ...pETrroNERS AND Secretariat, Hyderabad . The State of Telangana, Rep. by its Principal Secretary Revenue Department, . The Collector, Medchal -tvlalkajiqiri District Office at Gt\183 + 64Q, ECIL - .Keesara Rd, Near ORR Keesara, Godumakunta, Secunderabad, Telangana- 50130 1 . The Revenue Divisional Officer, Keesara Division, tr,4edchal-lVlalkajgiri District. . The Tahsildar, Kapra, Keesara Division, lVedchal-lr,4a lkajgiri District. 1 2 3 4 ...RESPONDENTS 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 an order, direction or Writ more particularly, in the nature of a Writ of Mandamus: A. Declaring the action of Respondents more specifically 4th Respondent in trying to interfere with the possession of Petitioner no.5 over the land admeasuring 32,125.5 sq. yards forming part and parcel of Survey Nos. 36, 37, 38,39 and 291 situated at Cherlapally Village, GHMC Kapra Circle and Kapra tVlandal, R.R. District (Now Medchat - Malkajgiri District). Telangana State as illegal, arbitrary violative of Article 21 and 300 A of the Constitution of lndia without following due process of law. B. Direct the Respondents herein not to interfere with the subject property without following d ue process of law. C. Any other relief as this Court deems fit and proper in the circumstances of the case in the interest of justice. 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 pass an order directing the Respondents, more particularly Respondent No. 3 and 4 to not to interfere with the subject property of the Petitioners. Counsel for the Petitioners: SRI PRAMOD MALIGI Counsel for the Respondents: MR L. RAVINDAR, AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JTISI't(]E K. LAKSHMAN IVIIIT PI,.TITION No.27-3"18 OF 2025 ORAI- ORDER: I leard Mr. Pramod Maligi. lcarled counsel lbr thc pctitioncrs antl Mr. I-. llavindar. lcarnctl Assistant ( iovernrncnt Plcacicr lirr Rcr enuc appcaring on hehalf'of thc respondents.

2. -fho petitioners hcrein arc clainring that pctitiorler Nos.I to.1 are thc absolute owners and posscssors ol' the land adrneasurin_u

32. l2i.05 squarc yards. fbrntine part and parccl of Survcr Nos.36, 17.

38. i9 and 291, situated at Chcrlapallv Village u ithin CillMC Kapra Circle and Kapra Mandal, Medchal - Malk-iagiri l)istrict. and petitioner No.5 is Devclopcr. Thel,have otrtained convcrsion proccedings and also buitding pormit order liom thc (itlM(' lirr construction ol (;+l [)ro-iect They are proceeding with construction strictl1 in accordance rvith building permit order sanctioned by the (itlMC. I hcre is no clcviation Even then, respondent No.4 is interl'cring with the possession ol the petitioners ovcr the subject pt'opcrt1, and also construction bcing carriod out by petitioner No.5 as per thc building pennit order issued h1 GHMC without following due procedurc laid down undcr larv. Challcnging thc l KI .,I U .l' No lll.l8 ol l0l5 said action (rf rcspondent No.4. thc petitioncrs flled the prcscnt lvrit pct rI l()n I \Vhereas. lcanreci Assistant (iovemmcnt Pleadcr lirr Revenuc. olr instructi(urs. urruld suhrrit that the Government [,and admczr-suring Ae .0-()l {luntrts is in Sunu No.2t'i7 of Cherlapally Villagc. Whcn the pctitioncrs trictl to cncroach upon the said properrl and tnade constructiorr. respundcnt No.4 with his staff sttlpped the construction and crrcroue hnrclrl ol thc saicl c\tent of 4c.0.03 guntas of land. According to hinr" there is a uar t() the said land of Ac.0.0l guntas liom the land in Survel No.288 ol'Chcrlapally Village -1. \\'hcrcas. lcarned counscl lor thc petitioners would contend that thc saitl larrd ol Ac.0.0i guntas is in Survcv No.29l of Cherlapally Villasc rnd tlrerc is no \va\ to thc said land. When respondent No.4 raised objcction rvith regartl to the encroachment of said land of Ac.0-03 gr.[rtas. thc petitioncrs agreed to purchase the santc Thereaher, rcspondcnt Nos.2 to -1 dicl not agree lbr the said proposal.

5. I'he alirresaid lacts would reveal that there is dispute with rcgard to identitlcation ol' thc said land of Ac.0.03 guntas of land. Hoive1,g1- both the pctitioncrs and r.espondent No.4 would contend that thcre is thrcc Ac.().0j guntas of land. According to the petitioners. the KI,.J \.rv'.P. No 2714E o1 2025 said Ac.0.03 guntas of land is in Survey No.29l of Cherlapalll, Vitlage. Thus. there is dispute rvith regard to identilication ol'thc said properl\' and also wa)' to the said property

6. In vicw ol the alorcsaid discussion. this s,rit petition ls disposcd of clircoting respondent No.4 to concluct surv"ey, denrarcate the said Ac.0.03 guntas of land in Survey No.287 ol- Cherlapally Villase and also uith regard to the r'ray, il'an1 , to the said land and the propcrn belonging to thc petitioners in Survey Nos.i6, 37. -ltt. 39 and 291 situatecl at Cherlapalll' Village u'ithin (i11N4(' Kaprt Circle antl Kapra Mandal. Medchal Malkjagiri I)istrict, h1,' strictll' fbllos'ing due procedurc laid down under law and putting the petitioners and all intcrestcd parlics on notice and alltrrdine thern an ogrporlunitr I lor.r,ever. he shall completc the said cxercise,"vithin a period ol'two (02) weeks tiom the date ol reccipt of copy ol this order. fhcrealier. liberti is granted to respondent No.4 to plotect the said Ac.0.03 guntas ol'land The pctitioners shall procced q,ith construclion strictly in accordancc rvith the building pcrrnit order issucd by the GI IMC in thc afirresaid land, l'aiting which, liberly is granted to GHMC to takc action against the petitioners in accordance with law. In the circumstances ol'the casc'. thcre shall be no order as 10 costs l Kl-,', W l'. No.27148 of 2025 As a sequel thercto. nliscellaneous pctitions' if any' pending in the u'rit pcririort shall stand closcd' ,TRUE COPY' -SD/-C. DEEPIKA XW \ CTION OFFICER To, 1- The Tahsildar Kapra, Keesara Division, Medchal-Mal 2. One CC to SRI PRAIi,'IOD MAL|Gl, Advocate [OPUC] 3. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. jgiri District

4. Two CD Copres IVlIVT BS 4 l t HIGH COURT DATED:1110912025 I ORDER WP.No.27348 of 2025 () 28Jril2m I flE sLl * EJ :\TCt i DISPOSING OF THE WRIT PETITON WITHOUT COSTS ,4 u, /,\ I \2 i\/