1. Musku Rajamouli v. 1. The State of Telangana

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 a writ, order or directron more particularly one in the nature of a WRIT OF CERTIORARI calling records pertaining to the proceedings of Respondent No. 4 vide Rc.No.B/2280l2024 dated 02.09.2025, issued without following due process prescribed by law, without causing any enquiry or survey, directing Additional Mandal Girdawar, Hasanparthy to take over the possession by dispossessing the petitioners from their H. No. 51-5-583, Vangapahad, Hanumakonda District, Telangana State -506006 constructed under building 'u,t5at?.( - ii*til Permission vide Register No.4t2oo7 dated 16.04.2007 issued by erstwhire Gram Panchayat Vangapahad, apportioned old H.No. s-1g4t1, s;ubsequent to merger into Respondent No. 3, reassigned New H.No. 5i-5-583, arbirrariry concruded that house of the petitioners as constructed in Government Land and consequenry, set aside the impugned proceedings of Respondent No. 4 vide Rc No 8/2280/2024 dated 02.09.2025 as iregar, arbitrary, violation of principres, of naturaljustice and fundamentar rights guaranteed under l\rticres 14 AND 300_4 of the constitution of lndia. lA NO:2 OF 2025 Petition under section 15'1 cpc praying that in the circumstances stated in the affidavit fired in support of the writ petition, the High coLrrt may be preased to direct the respondents herein not to interfere with petitionersi, House at H.No. 51_ 5-583, Vangapahad, Hanumakonda District, Telangana State _S06006, pending disposal of the Main Writ petition. Counsel for the petitioners: SRI U.SHANTHI BHUSHAN RAO Counsel for the Respondent Nos.1,2 a A: snif_.inVtNDER, AGp FOR counset for the Respondent No.3: sRr fi[Ht", a" FoR GWM. The Court made the following: ORDER 'ASHXEM .7 ORDER: THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No. 28106 OF 2025 Heard learned counsel for the petitioner, Sri L.Ravinder, learned Assistant Government Pleader for Revenue ald Sri Pasham Mohit, learned Standing counsel appearing for 3.,r re spondent

2. The petitioner herein filed the present writ petition chailenging the proceedings dated 02 .O9.'2025 of 4,t' respondent issued under Section 1O of the Telangana Land Encroachment Act, 1905 (for short the Act'). In fact, the said ordcr is in terms of Section 6 of the Act and it is appealable under Section 10 of the Act and the Revenue Divisional Offrcer concerned is the appellate authority I T I

3. There is no dispute with regard to legal position that despite availability of alternative remedy, the present writ petition ts maintainable under the following three circumstances as held by the Hon'ble Supreme Court in Asst. Commissioner of State Tax v. Commercial Steel Limitedt and also Whirlpool Corporation v. Registrar of Trade Marks, Mumbaiz. A breach of funclamental rights; A violation of the principles of natural justice; I lzozzy t6 scc ttl r 1tolsl t scc r 2 -.4 f,, iii. An excess of jurisdiction; or a challenge tc the vires of the statute or delegated legislation. In the present case, tl-re petitioner herein lailed tc, nrake out any of the aforesaid circumstances to maintain the present u,rit petition, despite availabilitr- of alternative remedl'.

4. in the light of the same, learned counsel Ior the petitioners seeks ten (10) dar.s time to prefer an appeal under Scclion 10 ol the Act and also protection to the petitioners for the aforesaid pcriod ol ten days.

5. Perusal of the record would reveal thzrr Sr-i Shyamrao Prashanth Kumar has filed W.P.No.S172 of 2O2i> r:ontending that petitioners herein are proceeding r.l-ith the corrstruction in the Governmenl land in 51,.No.516 situated at Vangapahad Village n,ithin 3..r reslrondent's jurisdiction. Vide order <itu cd 20.O2.2025, this Court disposed of the said u,rit petition directing the 3..r rcspondent hcrcin to consider representation rlared 07.10.2024 submitted by the petitioner, information dated i9.71.2024 of 4rh respondent herein and further information if al_r, sr,rbmitted by 4tt, respondent pLrrsuant to letter dated 07.02.2025 slrbn'ritted by the Deputy Commissioner of 3.d respondent Corporation and take action strictly in accordalce with the procedure laid dowrr under Telangana Municipalities Act, 2019 by putting the petitione:s herein and the /' :-€:l:Hrr4t- -'ix.- - I '"1 '" -!!-7 t J petitioner therein on notice and affording them an opportunity of hearing. In the mealwhile, this Court directed 4th respondent to furnish information to the Deputy Commissioner as requested by him vide letter dated or .o2 .2o2s within two weeks from the date of receipt of copy of the said order. This court also directed 3.a respondent to complete the said exercise within a period of six (O6) rveeks from the date of copy of the said order.

6. In compliance of the said order, the 3.1 respondent passed order dated 03.05.202S stating that petitioners herein are in unauthorized occupation of Government land. Therefore, the 4tr. respondent is the competent authority to take action against the petitioners in terms of the Act. Therefore, he has referred the matter to 4th respondent, who inturn after issuing shor,v cause notice dated 24.06.2024 and considering expla,ation dated OL.OZ.2O2S of the petitioners passed impugned order dated 02.09.2025. Therefore, petitioners have to prefer an appear in terms of Section r0 of the Act to the appellate authority i.e., District Collector/RDO concerned. 7 . In the light of the same, this Writ petition is disposed of granting liberty to the petitioners to prefer an Appeal in terms of Section 10 of the Act before the appellate authority challenging the order dated 02.09.2025 of 4th respondent and also stay application to grant stay of all further proceedings pursuant to order dated I / 4

02.O9.2025 of 4,h respondent. The appellate auth()rity shall dispose of the said stav application rn'ithin tu,o (O2) r.r,eeks from the date of filing of said petition and appeal within three (O3i months from the date of its filing. For a period of ten (10) days from toda1,-, the impugned order shall not be given effect. Liberty is granted to the petitioners to raise all the grounds and contentions; u.,,hich they have raised in the present u,rit petition before the appeilate authority and it is for the appellate authority to consider and dis;pose of the same in accordance lvith lar','. However. it is made clear that if the petitioners fail to prefer an appeal within the aforesaid period of ten days from today, Iiberty is gralted to respondent ltlos.2 to 4 to take action against the petitioners herein in accordance lvith lavt,. There shall be no order as to costs. Miscellaneous applications, if any pending, stLail stand closed. //TRUE COPY// SD/- L.VIJAYA LAXMI ASSISTANT REGISTRAR b- SECTION OFFICER \ To 1 2 4 5 6 7 8 PSK. The Principal Secretary, Revenue Department, Secretariat, Hyderabad, State of Telangana The Diskict Collector, Hanumakonda, IDCO - Hanumakonda Collecterate Hanamkonda - 506001 . The Commissioner, Greater Warangal tt/unicipal Corporation, IVIG [t/l Hospital, Warangal- 506002 The Tahsildar, Hasaparthy Mandal, Hasanparthy - 506371, Hanamkonda District One CC to SRI U.SHANTHI BHUSHAN RAO, Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad [OUT] One CC to SRI PASHAM MOHIT, SC FOR GWMC [OPUC] Two CD Copies PS"rfr=i --)- HIGH COURT DATED:1710912025 CC TODAY ORDER WP.No.28106 of 2025 ,y'.,- .1 '1 :- '.,...,.'.1''^ l' :1,:i '.,..,J ) I 1l ;i:P ?l}fi -_) '': ':.'-' ..!. ..f.^*- ';l-' 5; .;! ...1 r:. ii .!t .r .,,;":' ,,;: .' .;.:' t. .i' ,,''>. DISPOSING OF THE WRIT PETITION WITHOUT COSTS