The High Court · 2025
Case Details
Acts & Sections
Sajini, Wo.Sri K.Gowthama Siddardhudu aged about 64 siness, R/o.H.N o.8-2-2931821F lCl2, Film Nagar, Hyderabad,
1. Kodali Occ. Bu K.GoMhama Slddardhudu, S/o.late Mallikarjuna Rao aged about 66 years, Occ.Business, R/o.H.No.B-2-2931821F lclz, Film Nagar, Hyderabad. years, I ,..PETITIONERS AND 1 2 J 4 State of Telangana, rep. by its Principal Secretary Revenue Department, Secretariat, Hyderabad. The District Collector, Ranga Reddy District. The Tahsildar, Rajendravagar Mandal, Ranga Reddy District. Hyderabad Metropolitan Development Authority, HMDA Bhavan, S.R.Nagar, Hyderabad, Rep. by its Metropolitan Commissioner. ...RESPONDENTS 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein and their subordinates in interfering with peaceful possession and enjoyment of the petitioner over the land bearing Sy.No.299/AA total admeasuring Ac.2-00 Gts., situated at Budvel Village, Rajendranagar Mandal, Ranga Reddy District, that too without following the procedure as contemplated under law, is highly illegal, arbitrary, unjust, unconstitutional, violation of principles of natural justice and also in violation of Articles 14,21 and 300-4 of the Constitution of lndia, and consequently direct the respondents and their subordinates not to dispossess or I I I I I interfere with peaceful possession and enjoyment of the petitioners over subject land, without following the procedure as contemplated under law. lA NO: 1 OF 2024 Petition under section r 51 cpc praying that in the r:ircumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents herein and their subordinates not to dispossess or interfere with peaceful possession and enjoyment of the petitioners over the land bearing Sy No 299/AA totar admeasuring Ac.2-00 Gts., situated at Budvel village, Rajendranagar firlandal, Ranga Reddy District, without following the procedure as contemplated under law, pending disposal of the writ petition. Counsel for the Petitioner : SRI MOHD MOIN AHtlrED eUADRI Counsel for the Respondents No.1to3 : Gp FOR REVENUE Counsel for the Respondents No.4 : SRI V.NARASIMHA GOUD, SC FOR HMDA The Court made the following: ORDER HON'BLE SRI WSTICE C.V.BHASKAR REDDY WRIT PETITION No.2997O of 2O24 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the foliowing relief: ". - . ro issue a wit, order or direction more particulqrlg one in the nature of Wit oJ Mandamts decLaring the actton of the respondents herein and tLleir subordinates in interfering u,ttth peacefut possession and enjoAment of the petitioner ouer the land beaing Sg.No-299/ AA total admeasuring Ac.2 00 gts sihnted at Buduel Vitlage, Rajendranagar Manda| Ranga Reddg Dtstict, that too ttithout Jollouing the procedure as contemplated under la u.t, ts highlg illegal, arbitrary, unjust, unconstitutional, uiolation of pinciples of natural justice and also in uiolation of Arlictes 14, 21 & 300-A of the Constitution of India and consequentlV direct the. respondents ond their subordinates no, lo dispossess or interfere with peaceful possession and enjoAment of the petitioners ouer subject land, without followtng the procedure as contemplated under laut....'
2. Considered the submissions of learned counsel for the respective parties and perused the record.
3. It is the case of the petitioners that they are the owners and possessors of land admeasuring Ac.2-00 gts in Sy.No .299 / AA situated at Budvel Village, Rajendranagar Mandal, Ranga Reddy District, having purchased the same under registered sale deeds bearing document Nos.8728 and 87 29 /20 17 dated 17.1O.2O17. It is further case of the petitioners that their names were mutated in the revenue records vide Proceedings Nos.D/51 I 1 2017 and D l 5I2 l 2017 dated O4.12.2017. The grievance of the petitioners is that the I 1 2 respondents v"'ithout following due process of la,,v zrre interfering with their peaceful possession and enjoyment over th,l subject land.
4. The learned Assistant Government pleader lor Revenue appearing for thc respondent Nos. 1 to 3 has disputed the right and entitlement of the petitioners over the subject lzrnds. It is submitted that petitioners under the guise of purchasing t.1e subject lands are making efforts to encroach the Government land.
5. The learned Standing Counsel for HMD,\ relying upon the counter affidavit filed by the respondent No.4 has submitted that out of the total land zrdmeasuring Ac. 1 i.05 gts in S1..No.299 situated at Budvel Village, as per Dharani portal, an exterLt of Ac.O.O 1 gts is recorded in the name of Abdul Raheem, an ext(:nt of Ac.2.OOgts is recorded in the name of Vasanthi, while an extent of Ac.5.O5 gts relates to Pooja Ventures and the remaining exlent of Ac.3_39 gts belongs to respondent No.4 having taken from the Tourism Department. It is further submitted that the pe,itioners under the guise of land in Sy.No.299/AA of Budvel Villagr., are intending to grab the land of rcspondent No.4 with an illegal m<>tive.
6. Since the grievance of the petitioners is theit respondents are interfering with their possession without followitrg due process of law, this Coult without going into the merits of the case, deems it IL I t l appropriate that ends of justice would be met if the respondents are having any claim over the subject lands said to have been purchased by the petitioners, they shall follow due process of law before initiating any action.
7. Accordingly, this Writ Petition is disposed of. As a sequel, the miscellaneous petitions pending, if any, shalt stand closed. No order as to costs. SD/.A.V.S. PRASAD ASSIS ANT REGISTRAR //TRUE COPY// CTION OFFICER To, Telangana, Hyderabad. 1 . The Principal Secretary Revenue Department, Secretariat, State of 2. The District Collector, Ranga Reddy Diskict. 3. The Tahsildar, Rajendravagar Mandal, Ranga Redd-y District. 4. The Metropolitari Commissioner, Hyderabad. Metropolitan Development 5 One Ciro SRI MOHD MOIN AHMED oUADRl, Advocate, [oPUC] O. fwo CCs to GP FOR REVENUE, High Court for the State of Telangana' 7. Two CD Copies Authoritv. HMDA Bhavan. S.R.Naqar, Hyderabad. €' oDe cc +o Sri V, Na:r.aSimho. Go..d, Sc $, rfxoa pn""] s a8x BS I I , i - -:.:=r:. _-a '' < / {.' (\( ? 5 p iMII ZW \i -- , ,rt fCB€ o .b HIGH COURT DATED:1110212025 ORDER WP.No.29970 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 4 CJCf.W