✦ High Court of India · 23 Sep 2025

The High Court · 2025

Case Details High Court of India · 23 Sep 2025
Court
High Court of India
Decided
23 Sep 2025
Bench
Not available
Length
1,230 words

...RES'.NDENT. Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of N4andamus, declaring the action of the respondent No. 6 in encroaching into the lands of the petitioner bearing Sy. No. 588/ admeasuring Ac. 3-32 gts, situated at tt/eerkhanpet village, Kandukur mandal, Ranga Reddy District, without any notice, land acquisition notification or following due process of law as illegal, arbitrary and in violation of principles of natural justice and consequentty direct the respondents to return back the said lands till the survey is completed, on the application of the petitioner and pass appropriate orders in the interests of justice lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High court may be pleased to direct the respondent no. 4 to not to interfere with the possession of the petitioner over the lands bearing Sy. No. 588/ admeasuring Ac. 3-32 gts, situated at Meerkhanpet village, Kandukur A/andar, Ranga Reddy District, pending disposar of the Writ petition, in the interests of justice Counsel for the Petitioner: SRI G. RAMA CHANDER RAO Counsel for Respondent Nos. .l to 3, 5 & 6: AGp FOR REVENUE Counsel for Respondent No 4: SRI M. SRIKANTH REDDy, SC FOR TSIIC The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.28997 of 2025 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader lor Revenue, M. Srikanth Reddy, learned Standing counsel for T.S.I.I.C, appearing for respondent No.4

2. Petitioner herein is claiming that he is the absolute owner and possessor of land admeasuring Ac.3.32 guntas in Sy.No.5BB/er, situated at Meerkhanpet Village, Kandukur Mandal, Ranga Reddy District. In proof of the same, he has filed copy of latest passbook and title deed. It is also the contention of the learned counsel for the petitioner that the lamily members of the petitioner are also owners of some extent of land in the very same village. He has also filed latest pass books and title deed in proof of the same. They are in possession of the said property. Petitioner sought sun'ey and demarcation of the aforesaid land by fixing the boundaries. He has submitted F-line appiication on 02.12-2024. Vide a memo dated 12.O6.2024, respondent No.6 informed the petitioner that the request rnade by him for conducting survey : KL, W.P.No.2U997 of 202.5 2 a\ and demarcation of the aforesaid property by fixing the boundaries rs not permissible for ti-re foliowing trto reasons;

1. Applierl for part survey number demarcation the SD record for applied survey number is not available. If the applicant desires the full survey number, boundary can be de.m arcated.

2. Approa,;h to higher authority site, TSIIC land covered.

2.1. Feeling aggrieved by the said memo, petitioner preferred an appeal before respondent No.5, by way of online application uide application No.AOD022400064972, clated

08.O5.2024 and the same is pending. During pendency of the said appeal, ,:espondent Nos.4 and 6 tried to clispossess the petitioncr lrom the said property and also demolished compoun d v.,all constructed by the petitioner without following dur: procedure laid dou,n under law. Challenging the said ac[ion of respondent Nos.4 and 6, petitioner filed the present Writ Petition. petitioner has not produced aly permission to construct the said pre cast wall encircling the subject proper-tv. The subject property is in Gram panchayat. Therefore, petitioner has to obtain permission from the Gram l I I i a :is"ai;ril* ryY .',, ,,, KL.J W.P.No.28997 of 2025 J Panchayat for construction of compound wall' In the present case he has not obtained permission'

3. On the other hand, Sri L Ravinder' learned Assistant Government Plead.er, on instructions would submit that land in Sy.No.112 is Ac.1059.0O guntas and the sarne was handed over to respondent No'4 for the purpose of Pharma city (Future city) in the year 2O 16 itself' Respondent No.4 is in The petitioner land is possession of the said Property abutting to said land and the petitioner is trying to encroach the land in Sy'No.112, which is Government land' allotted to TGIIC

4. The aforesaid facts would reveal that there is a dispute with regard to the identification of the property' According to the petitioner, his land is in Sy' No ' 588 / el and according to learned Assistant Government Pleader for Revenue' petitioner is trying to encroach the land in Sy'No' ll2 of the very same village. Therefore, respondent No'5 has to decide the aforesaid appeal filed by the petitioner' Thereafter' petitioner has to obtain permission for construction of compound wall and proceed with construction' , t t I i I l I i W.i'.No.2E997 of 2025 4

5. In ttLe light of the same, this Writ petition is disposed of directing lesoondent No.5 to dispose of the appeal filed by the petitioner, r.icie application No.AODO224000649Z2, dated O8.O5.2O2,+, srrictly in accordance with law bv putting the petitioner, r-r:spondent No.4 and ali interested parties on notice and allording them al opportunity of hearing. Further, he shall complete the said exercise within a period of thirty (30) days frorn the date of receipt of a copy ot.this.order. Titl then, petilio,er, respondent Nos.4 and 6 shall maintain Status-Quc, v",ith regard to subject property in all respects. The petitioni,r shall cooperate u,ith respondent No.5 in disposing the said appeal and also conducting survey in respect of the said property. There shall be no order as to costs. As a scquel thereto, miscellaneous petitions, if any, en{ls in the Writ Petition shall stand closed. //TRUE COPY// sD/- GOWRI SHANKAR ANT REGISTRAR S CTION OFFICER te o\ langana To, 1 . The Princi pal Secreta ry, Revenue Department 2. The Distri Secretaria HyrJerab ad ct Collector, Ranga Reddy District, at Hyderabad w District.

3. The Additional Director, Survey and Land Records, Rangareddy district 4. The Zonal Nilanager, T.S.l.l.C, Shamshabad Zone, Shamshabad, Rangaredoy S. ifre Revenue Divisional Officer, Kandukuru Division, Rangareddy Dtstrict 6. The Tahsildar, Kandukuru Mandal, Rangareddy Qistrict' Z. One CC to Sri G Rama Chander Rao Advocate [OPUC] 8. i;; CCs to cp For Revenue ,High Court for the State of Telangana [OUT] S. on" CC to Sri t\,4. Srikanth Reddy, SC for TSllC, Advocate (OPUC) 1 0. Two CD CoPies l I \ MB GJ G HIGH COURT DATED: 23t09t2025 I I .+7'i :\ ,t ') t:l 0o rltr W c l^!: r. ' a' ,i/,/ ,/ ORDER WP.No.28997 of 2O2S I , i I r O DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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