The High Court · 2025

Judgment

5. The State of Telangana, Represented by its Principal Secretary Revenue Department, Telangana The District Collector, Medchal- Malkajgiri District, Keesara. The Joint Collector, Medchal- Malkajgiri District, Keesara. The Revenue Divisional Officer, Medchal Mandal, Medchal- Malkajgiri District The Tahsildar/Mandal Revenue Officer, Medchal Mandal, Medchal-: Malkajgiri District.

6. Mr. Kompally Sqty.anarayana, S/o. Kompally Mallesha, Aged about 41 years, 9.c9.. Busine_ss, R/o. 3-1 50, Keshavaram, Shamirpet, Medthal- Malkajgiri District - 500078.

7. Sri T. Jogila.bu, S1o. !, Satyanarayana Raju, Aged about 36 years, Occ. Business, R/o.1 1/53, Magadampur, Gulbaiga, Karnataka -S8530S. 8. Sri Yerramilli Chandrashekhar Rgr9, S/o. Late Y. Seetha Ramaiah, Aged about 58 years, Occ. Business, Rl/o. H.No.17-1-383/10, Plot. No. 3A,-Pard, Carner Saidabad Vinay Nagar Colony Hyderabad.

9. Telangana Prohibition and Excise Department, Abkari Bhavan, Hyderabad. ...RESPONDENTS .l\ Petilion 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 Direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ challenging the action of the Responderrt No.9 in unlawfully interfering with the petitioners possession and in constructing and/or raising a wall over the subject land, by misusing its official position arrd employing coercive force, without following due process of law, despite th -' pendency of an enquiry in respect of total agriculture land admeasurirrg Ac. 5-27 Gts., in Survey No.49/1, situated at Muneerabad Village, Medchal Mandal, (herein after referred as the subject land) without having any right, title, interest, or possession over the subject land, much less any la6ul authority, in spite of the application made by the petitioners including on 09.04.2025 and 15.O4.2025 as to whether the subject land had been assigned or allotted to reny department as illegal, arbitrary, viotative of principles of natural justice and Article 300-4 of the Constitution of tndia. lA NO: 1 OF:2025 Petiticn under Section 151 CPC praying that in the circumstances stated in the affide,vit filed in support of the petition, the High Court may be pleased to direct the F.espondent No.9 authority to forthwith restrain from proceeding with any . further construction activity and from interfering with the petitioners possession over the subject land, pending disposal of the above writ petition. Counselfor the Petitioner: SRt K RAGHAVA RAMANA Counsel for the Respondents No 1 To 5: SRI H MOSAIAH Counsel for the Respondent No 9 : SRI A JAGAN AGp AGP FOR ASSIGNMENT Counsel for the Respondents No 6 To 8:-- FOR PROHIBITION & EXCTSE The Court rrade the following: ORDER THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.29351 of 2025 ORAL ORDER: Heard learned counsel for the petitioners, Mr.H.Somaiah Ezra Sastri, learned Assistant Government Pleader for Assignment appearing for respondent Nos.1 to 5 and Mr.A.Jagan, learned Government Pleader for Prohibition and Excise appearing for respondent No.9.

2. Petitioner Nos.l and 2 are the wife and son of Sri Dandu Ram Reddy. Petitioner Nos.3 and 4 are the wife and , son of Sri Y.Krishna, Reddy. They have filed revision under Section 166-8 of the A.P. (Telangana Area) Land Revenue Act, 1317 Fasli challenging the order dated 19.07.2019 of respondent No.4 vide File No.Bll5927l20l2 in respect of land admeasuring Acs.5.27 guntas in Sy.No.49ll, situated at Muneerabad Village, Medchal Mandal, Medchal-Malkajgiri District.

3. V'ide order dated 08.06.2020, respondent No.3 has disposr:d of the said revision directing respondent No.4 - Appellate Authority to conduct de novo enquiry duly verifying the physical status of the land in question. 4- lt is the specific contention of the petitioners herein that dcspite the said order, respondent No.3 is not conducting de novo enquiry. Therefore, petitioners filed the present writ petition seeking a direction to respondent No.4 to concluct de novo enquiry in respect of the aforesaid propert'in compliance with order dated 0g.06.2020 of respondent No.3. It is also the specific contention of the petitionr:rs herein that respondent No.9 is proceeding with the coru;truction of four (4) IMFL Depot Godowns in the subject land.

5. wrereas, learned Government pleader for prohibition and Excise, on instructions, would submit that Government has allctted land admeasuring Acs.5.27 guntas in Sy-No.41)/2, situated at Muneerabad village, Medchal Mandal, in favour of respondent No.9 for the purpose of construction of four (4) IMFL Depot Godowns. Respondent No.9 is proceeding with the construction and in proof of the same, he has filed copies of the proceedings dated 1 8.07.2020 and photographs.

6. During the course of hearing, it is brought to the notice of this Court that Sri Kompally Satyanarayana has filed a suit in O.S.No.251 of 201,9 against Sri Y.Chandra Sekhar Rao for specific performance of agreement of sale. The said suit was decreed. Petitioners herein are not parties to the said suit. Therefore, they have filed an application under Order xxl, Rules 97 to 101 0f c.P.c. in E.p.No.l0 0f 2022. According to the petitioners, it is a collusive suit. The said claim petition is pending.

7. The aforesaid facts would reveal that the subject property claimed by the petitioners 1n Sy.No.49l1, I \t admeasuring Acs .5.27 guntas is in Medchal Mandal. Land allotted to respondent No.9 in Sy.No.49l2, admeasuring \ 4cs.5.27 guntas is also in Medchal Mandal. Therefore, petitioners have to resolve the said issue seekingrsurvey. However, there is no challenge to the proceedings dated

08.06.2020 of respondent No.3.

8. In the light of the same, this Writ Petition is disposed ofdirecting respondent No.4 to conduct de novo enquiry in compliance with order dated 08.06.2020 passed by respon,lent No.3 by putting the petitioners, respondent Nos.6 to 9 and all interested parties on notice and affording them an opportunity. However, respondent No.4 shall complete the ent;re exercise within three (3) months from the date of receipt ofa copy ofthis order. M iscellaneous applications, if any pending, shall stand closed. Ihere shall be no order as to costs. Sd/.S.MALLIKARJUNA ASSISTANT REGIS //TRUE COPY// SECTION OFFICER To, of Telangana, Telangana District Collector, Medchal_ Malkajgiri District, Keesara.

1. The Principal Secretary Revenue Department, 2. fhe 3. The Joint Collector, Medchal- Malkajgiri District, Keesara. 4' The Rr-'venue Divisionar officer, Medchar Mandar, Medchar- Markajgiri District 5' The Tarhsirdar/Mandar Revenue officer, Medchar Mandar, Medchar- Markajgiri 6. Telangana prohibition and Excise Department, Abkari Bhavan, Hyderabad.

7. One CC to SRI K RAGHAVA RAMANA Advocate [OPUC] L Two CCs to GP FOR ASSIGNMENT ,High Court for the State of Telangana at Hyderabad. [OUT]

9. Two CCs to GP FOR PROHIBITION & EXCISE, High Court for the State of Telangana at Hyderabad. [OUT] I

10. Two CD CoPies i! !: i DAN PMK +{q . lr' : HIGH COURT DATE D:2510912025 ,) .ra-l . - - .'; lllr i ORDER WP.Ncr.29351 of 2025 .3 oE rto 2u[ * --k ( ( DISPO.SING OF THE WRIT PETITION WITHOUT COSTS *