The High Court · 2025

" 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 appropriate writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd & 4th Respondents, in making attempts to demolish the house and cattle shed in Sy No. 97 admeasuring 121 Sq.Yards situated at Bijjaram Village, Kosgi Mandal, Narayanpet Dist without following due process as being arbitrary, illegal, Capricious, Malafide and contrary to law, discriminatory and violative of Article 14 & 21of Constitution of lndia and also against the Article 300-A of Constitution of lndia lA NO: 1 OF' 2025 Petitirrn 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 direct the 3r'd and 4th respondents herein not to interfere with the cattle shed in Sy No.97 arlmeasuring 121 Sq.Yards situated at Bijjaram Village, Kosgi Mandal, Narayanpet Dist without following due process of law pending disposal of the writ petition Counsel for the Petitioner : SRI PRAVEEN KUMAR CHALLA Counsel for the Respondent Nos. 1 to 3: SRI L. RAVINDER, AGP FOR REVENUE Counsel for the Respondent No. 4: SRI K. PRADEEP REDDY, The Court made the following: ORDER SC GRAM PANCHAYAT HON'BLE SRT JUSTTCE K. LAKSHMAN WRIT PBTITION N0.29297 0F 2025 ORAL ORDER: Heard leamed counsel lbr the petitioner, Mr. L. Ravinder, leamed Assistant Govemment Pleader for Revenue appearing on behalf of respondent Nos.l to 3 and Mr. K. Pradeep Reddy, [eamed Standing Counsel for respondent No.4.

2. According to the petitioner herein, his mother is the absolute owner and possessor of the land admeasuring l2l square yards in Survey No.97, situated at Bijjaram Village, Kosgi Mandal,Narayanpet District, on the strength of patta certificate No.B/212/lggg, dated 06.02.1999. In proof of the same, he has filed copy of the said patta certificate. The petitioner's brother i.e., Girmoni Venkatesh obtained building permit order No.l l/2020, dated 16.06.2020 from respondent No.4 for the purpose of construction of a house. In the said building permission, it is specifically mentioned that he has to complete the said building within six (06) months. According to the petitioner, his brother, Mr. Girmoni Venkatesh met with an accident. I{is mother is alive. They have constructed house and they are in possession of the said house. Even then, respondent No.4 has issued notices dated 27.04.2024, 19.06.2024 2 KL,J W.P. No.29297 of 1025 to the Petitioner to stop illegal constnrction and 09.07 .2024 Governm,:nt ['and

3. Even respondent No'3 has also issued a notice dated

25.06.20,).5underSection-ToftheLandEncroachmentAct,lg05totlre petitionertoshowcauseastowhyheshouldnotbeevictedfronrtlre subjectlancl.Thepetitionerhassubmittedexplanationdated25.06,2025 to the said notice' Thereafter' respondent No'4 has also issued tinal noticedatedo^,oT.zo2|statingthatthepetitionerismakingccrnstruction illegallloveratlextentofil0squareyardsinSurveyNo.gTofBijjaram Village.Thepetitionerhasalsosubmittedexplanationon0g.0T.2025to lhesailfirralnotice.Withoutconsideringthesaidexplanationsand withoutfoltowingdueprocedurelaiddownunderlaw,responderrtNos.3 and4areinterferingwiththepossessionofthepetitioneroverthe subjectpropertyandaretryingtodismantlethecattleshed.Challenging thesajdactionofrespondentNos.3and4,thepetitionerf,rledtlrepresent writ Petitttln

4.Whereas,learnedAssistantGovernmentPleaderforRevenue has rrroduced written instructions of respondent No'3 stating that Govemmenthasallottedlandtoanextentofl2tsquareyardstoMr' GirmpniVenkateshforhousesiteandhehasconstructedthehousein I 3 KL,J W.P. No.29297 o12025 the same place. He has also encroached into the land to an extent of 240 square yards and applied for regularization under G.o.Ms.No.59 and sanction proceedings were issued. 'fhe petitioner herein also encroached into the land to an extent of l2t squarc yards and constructed cattle shed illegally and blocked the road of the said Venkatesh house and he complained to leave the road leading to his house. After an enquiry, respondent No.3 has issued notices for eviction ftom encroachment, but ignoring the same, he has constructed cattle shed. The said written instructions are placed on record,

5. As discussed above, the aforesaid patta certificate was issued in the name of the mother of the petitioner. There is no explanation, much less plausible explanation from the petitioner as to on what basis . Girmoni venkatesh has obtained building permit order dared 16.06.2020 from respondent No.4. The petitioner's mother is alive and there is no explanation from the petitioner as to on what basis he is claiming right \ \ over the subject property. However, it is for respondent No.4 to consider the said aspects and also the explanations submitted by the petitioner to the aforesaid notices strictly in accordance with law by putting the petitioner and the said Girmoni venkatesh Sio chinna Hanmappa on notice and affording them 4n opportunity. 4 KL,J W.P. No.29297 o12025

6. In the light of the aforesaid discussion, this writ petition is dispose{ o1' directing respondent No.4 to consider the atbresaid explrrnations submitted by the petitioner and pass appropriate orders stric.ly,' i1 accordance with law by putting the petitioner and the said Ciirnroni Venkatesh S/o Chinna Hanmappa on notice and affording them ap oppor-tunity. Rcspondent No.4 shall consider the afbresaid aspccts and pass appropriate orders within four (04) weeks from the datc of' rece pt of' copV of this tlrder. fhe petitioner shall co-operate vvith reSp,)ndsnt No.4 in concluding the enquiry. Till then, the petitioner and resp,)ndent No.4 shall maintain status quo with regard to the subject property in all respects. In the circumstances of the case, there shall be no order as to costs As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition shall stand closed. SD/'Smt. U' ISTANT REG SUDHA ISTRAR //TRUE COPY/' SECTION OFFICER To, Secretariat' The State of r The Principal Secretary' Revenue Department' I ' i"i"ng'na' HYderanad' 2. The District Collector' Narayanpet District' Narayanpet 3. The Thasildar, Kosgi Mandal' Narayanpert Dist 4.PanchayatSecretary,BijjaramGrampanchayat'BiijaramVillage,Narayanpet 5. One CC to SRI PRAVEEN KUMAR CHALLA' Advocate IOPUCI Dist

6. ONE CC tO SRI K. PRADEEP REDDY, SC FOR GRAM PANCHAYAT 7. Two CCs to GP FOR REVENUE, High court for the State of Telangana. I

8. Two CD CoPies PVL BM w : i I l HIGH COURT DA][ED:2510912025 t \ o() a- t' ( * lHE S 1 6 FIB 2026 * ORI}ER WP.No.29297 of 2A2S DISPOSING OF THE WRIT PETITION WITI{OUT COSTS ,\"^ $ XP