Ganta Raju v. The State of Telangana

Petition under Article 226 of the constrtution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ order or direction more partlcularly one in the nature of writ of Mandamus to directing the respondents No.4 to 5 are not to interfere with petitioner peaceful possession and enjoyment of the property vide plot No.9 in Sy No.844l23,admeasuring 266.00.Sq.Yards,situated at Wesley High school and Junior college co-operative society, within the limits of GHIMC Malkajgiri circle and Mandal, Medchal-Malakjgiri District, in the interest of justice' rd--.llr-- -- E - lA NO: 1 OF 2025 Petition under Section 15'l CPC praying that in the circ tmslances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents No.4 to 5 are not to interfere wilf petitioner peaceful possession and enjoyment of the property vide I ot No 9 in Sy No.B44l23.admeasuring 266.00.Sq- Yards-situated at Wes r y High school and Junior College Co-Operative Society, within the limits of G - MC [/alkajgiri Circle arid lvlandal, tVledchal-Malakjgiii District, in the interesl of justice, pending disposal of the above Writ Fetition. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the c r ;umstances stated in the affidavit filed in support of the petition, the High Cor r may be pleased to direct the respondents No.4 to 5 to pay the damages to th,-, petitioner an amount of Rs.1,00,000/- for demolition of compound wall of the prcS arty vide plot No.9 in iley High school and Sy No.B44l23,admeasuring 266.00.Sq.Yards,situated at W€ Junior College Co-Operative Society, within the limits of C; IMC IValkajgiri Circle and Mandal, Medchal-Malakjgiri District,in the interest of ju; ice, pending disposal of main writ petition. Counsel for the Petitioner : SRI VEERA BABU GANDU Counsel forthe Respondents: SRI K. MURALIDHAR, AGt' :OR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.27653 OF 2025 ORAL ORDER Heard iearned counscl fbr thc pctitioner and Mr. K. Muralidhar Itcddy, learncd Govcrnment Pleadcr lor Revenuc appearing on behall'of the respondents

2. The pctitioner herein is claiming that he is the absolute owncr and posscssor ol Plot No.9, admeasuring 266 square 1'ards in Sun cy No.844/23, situated at Wesley High School and Junior Collegc Co- Operativc Society (tbr short 'Society') (covcred Block No. I 7) within CIIMC limits, Malkajgiri Circle and Mandal. Mccichal - Malka-lgiri District, on thc strenglh of a registercd sale deed bearing documcnt No.3980 of 2020, dated 03.09.2020. IIc has filed a writ petition vlde W.P. No.25889 of 2024 to direct respondent Ncs.3 to 5 thercin i.c.. the Revcnue Divisional Officer. Malkajgiri Zone, the'l'ahsilCar &.loiirt Sub- Registrar, Neredmet, Malkajgiri Zone and r.iie Revenue [nspector, Neredmet, Malkajgiri Zone, not to interlbre with thc peaceful possession and cnjoyment of the petitioner over the subject plot. Vide order daled

20.09.2024, this Court disposed of the said rvrit petition directing respondent Nos.3 to 5 therein not to dispossess the pctitioner from the t. 2 \L.J W P No 27651ol202t subject plot. 'l his Court also directed the petition: not to make construction ol'compound wall without obtaining prior 1 ermission lrom the GHMC, lailing which liberty was granted to respo I lcnt Nos.3 to 5 thcrein to takc action against the petitioner in accordanc: with law.

3. According to the petitioner, he has obtainet ruilding pcrmit order datcd 09.12.2021 lrom the Deputy Commiss t ner, Malkajgiri Circle-28, GIIMC. Iirr construction of Cround Floor. I e is proceeding with construction strictly in accordancc with the saitl building pcrmit order and work commcnccment letter daled 09.12.2')'.4. Even then, respondent Nos.4 and 5 demolished the compou r I wall vr ithout fbllowing due prccedurc laid down under law. Ohr:l enging thc said action of respondcnt Nos.4 and 5, the petitioner filerl thc prcsent writ petition.

4. As discusscd ahove. earlier the petitioner has I led the aforesaid writ petition vida W.l'. No.25889 of 2024 agianst thc " hsildar and Joint Sub-Rcgistrar. Ncredmet and the Revenue Inspector. .Jeredmct. Now the petitioncr filed the present writ petition agairr t the l-ahsildar, Marredpalll and the Revenuc Inspector, Marredpally. J tal_.J W l, No 2765-] ol-:02j

5. It is the spccific contention of leamed Govemment pleader for Revenue that rhere is no Tahsildar of Neredmet. Malkajgiri Mandal is there. Even then, he has filed the aforesaicl writ petition againsr the l'ahsildar, Neredmet and the Revenuc Inspector of Neredemt.

6. Leamed counsel lor the petitioner fairly admits that there is no l-ahsildar of Neredmer- and it is the Tahsildar, Malka.lgiri Mandal and thc aloresaid writ petition was filed against the Tahsildar and Revenuc Inspector olNeredmet inadvertently. 7 It is also the specific contention of the petitioner thar the sub.ject plot falls within the rerritorial .lurisdiction of. .tahsildar. Malka.jgiri Mandal, even then. the Tahsildar of Mancdpally and the Revenue Inspector of Marredpally demolished the cornpound wall without lollowing due procedure laid down under law and, therefore. thc same is illcgal.

8. Whereas. lcamed Govemment plcader tbr Revenuc. on insl.ructions. would submit that entire land admeasuring Acs.4.09 guntas in Survcr No.844/23 was assigned in favour of the Socicty in thc ycar 1980 and the said society developed the said rand and allottcd to its Members. 'lhe petitioner,s plot is in Survey No.g44 /23, buthe is making construction in thc land in Survey No.g44l1, govemment land. LIe 4 KL,J w P No 27651 (,12025 - would further submit that the land in Survey No.74 r I Marredpally is private land. 'l'hcre is ovcrlapping between Sun ey no.ll 4i2i and, 81411 of Malka.jgiri Villagc.

9. Perusal of link document of thc petitiontr i.c.. sale deed bcaring document No.965 ol 1987. dated 20.07.\987 xecuted bl rhe said Society in f'avour of Smt. L.ather Sheshikala, vendor of thc petitioner herein. would rcveal that in thc schcdule of the propert r it is mentioned as Plot No.9 in Survcy No.ti4.l/ t. subsequently denr r :ared as 844123 lirle lettcr No.(i8/299l82. datcd 1tt.09.1986 liom thr A.l).S. & I-.R.. Rangareddy [)islrict at Matka.igiri Village.

10. The altrresaid rival sLrbmisskrns would rer ri that therc is an issue rvith regard to overlapping of Suney No.844i l. I rere is also issue with regard to thc.lurisdiction i.c.. Malka.igiri and Marr: ,palh Mandat. I l. In thc light of thc abovc discussion, this r.r'rit perition is disposed of directing both thc l'ahsildar of Marredpal I Mandal and the I'ahsildar of Malka.lgiri Mandal. to conduct survey, tler r rrcate the land in Survcy Nos.844/l and 844/23 ol'Malka.igiri village an,l Sun,ey No.74 of Marredpally, strictly in accordance u ith Iaw by putting he petitioner and all intcrested parlies on notice and allording them an ol portuniLy. If the subject plot lalls in Survcy No.tl44l1, liberly is granr(( ro rhe Tahsildar 5 kl_.J w I' No:765] ot_:0ti of Malkajgiri Mandal to address a letter to the Deputy Commissioner ol- GHMC, Malkajgiri Circle 2tl, to canccl the building permit orderiwork commencement letter dated 09.12.2024 issued in favour of the petitioner. If the subject plot falls in Survel, No.8,l4l23. respondcnt Nos.2 to 5 and the Tahsildar and thc Revenue Inspector of Mancdpally Mandal, shall not intcrfere with thc construction being carried out by thc pctitioner pursuant to the work commencement letter dated 09.12.2024. Howcver, the petitioner shall co-operate with the aforesaid Tahsildars in concluding survcy. Thereafter, the petitioner shall procced rvith construction strictly in accordance lvith work commcncement lctter dated 09.12.2024. Irailing which, libcrff is granted to the Deput] Commissioner, CI{MC Malkajgiri Circle 28 to take action against the petitioner in accordance with law. .Both the aforesaid Tahsildars shall complete thc entire exercise within thirty (30) days from the date of rcceipt ofcopy of this order. In thc circumstances of the case, thcre shall be no order as to costs. As a sequcl thercto, misccllaneous petilions, if any, pending in thc writ pctition shall stand closcd. SD/- A.H.S. GOWRI SHANKAR -- ASSISTANT REGISTRAR 6 SECTION OFFICER //TRUE COPY' Revenue Department' Secretariat' The State of To, 1 The PrinciPal Secretary Telangana, HYderabad.

2. The District Collector, Hyderabad District. 3. The Revenue Divisional Officer, [Vlarredpally, Hyderab: r District. 4. The Tahsildar and Joint Sub Registrar, Marredpally, Hl r erabad District. 5, The Revenue lnspector, Marredpally, Hyderabad Distri:. 6. One CC to SRl. VEERA BABU GANDU Advocate tOpt Cl 7. fwo CCs to GP FOR REVENUE,High Court for tf ( State of Telangana

8. Two CD Copies PVL GJP SL HIGH COURT DATED:1610912025 ORDER WP.No.27653 of 2025 ; I Irli Sn) I 0 ,,,i 6 'o ,J .E .. ',,r.-L 'li *\r.l\', 'a ?:.7:: 2' DISPOSING OF THE WRIT PETITION WITHOUT COSTS o 1a 5 L- tA