✦ High Court of India · 26 Sep 2025

High Court · 2025

Case Details High Court of India · 26 Sep 2025
Court
High Court of India
Decided
26 Sep 2025
Bench
Not available
Length
3,265 words

'15. Renikuntla Jsha Rani, W/o. Srinivas,. Aged about 49 y :ars, Occ. Prop. of Sri Venkateshvrara, Coconuts and General Stores, Shop llo. 9-3-Co0002, Bazar Area, Main Road, Bellampally Town, ltrlancherial Distri: .

16. Komaravelli Kavitha, Wo. Komuravelli lvlahender, Age L about 46 years, Occ. Prop. of Mahendra Traders Hardware and General lV r rchant, Shop No. 9-2- Co0010, Bazar Area, Main Road, Bellampally Town, l\,li ncherial District. 'l 7. Ramagiri Srilaxmi, W/o. Raju, Aged about 54 years Occ. Prop. of Tulasi Fancy. Cloth ltrlerchant, Shop No. 7-4-8a0005, Bz; ar Area, lVlain Road, Bellampally Town, Mancherial District. '18. Ramagiri Raju, S/o. Vittal, Aged about 59 years, O ;c. Prop. of Sandeep Ladies Tailors, Shop No. 7-4-8a0003, Bazar Area, Li ain Road, Bellampally Town, [\/ancherial District.

19. Koleti Laxman, S/o. K.Venkataiah, Aged about 49 yea-r , Occ. Prop. of Sri Sai Kiranam, Shop No. 9-1-Co0022, Bazar Area, Main Rc ad, Bellampally Town, Mancherial District.

20.Ramesh Sharma, S/o. Jugal Kishore Sharma, Agec about 60 years, Occ. Prop. of lt/ukesh lt/edical, Store, Shop No. 9-'l -C00t 24, Bazar Area, lt4ain Road, Bellampally Town, [/lancherial District.

21.Peddi Rajendar, S/o. Peddi Bhoomaiah, Aged about 44 years, Occ. Prop. ofPadmavathr l\,4edical Store, Shop No. 9-2-Co0001, B zar Area, [\/ain Road, Bellampally Town, [\4ancherial District.

22.Pulapaii Vasantha, W/o. Srinivas, Aged about 56 y: rrs, Occ. Prop. of Sri Bhagyalaxnri Cloth N/erchant, ShopNo.9-2-Co0003, Ei; zar Area, [Vlain Road, Bellampally Town, [Vlancherial District. 23. A.Vidya Sagar, S/o.Raja Ram, Aged about 42 year:; Occ. Prop. oftr,4aruthi Fancy Clo:h Store, Shop No. 7-3-Ba001O, Bazz ' Area, IVain Road, Bellampally Town, [Viancherial District.

24. Adigoppula Sravan Kumar, S/o. Raja Ram, Aged abc r t 37 years, Occ. Prop. ofAdithya Textiles, Shop No. 7-4-30, Bazar Area, l/ lin Road, Bellampally Town, Mancherial District.

25. Pulluri Prahlad, S/o. Pulluri Gangaiah, Aged about {;r years, Occ. Prop. of PadmasriKirana And General Merchant, Shop No. 91-Co0005, Bazar Area, [\rl a i n Road, B el I a m pa I ly Town, tvlancheriaTD6tnct.

26. Pulluri Shirisha, Wo. P.Ramesh, Aged about 47 yeir s, Occ. Prop. ofSeeta Rama Books and General Store, Shop No. 9-3-CoC( 01, Bazar Area, lVain Road, Bellampally Town, Mancherial District. 2T.Keshetti Vishwanatham, S/o. Keshetti Pentaiah, Agec about 65 years, Occ. Prop. of Business, Shop No. 7-3-1551115, Bazar Area, I lain Road, Bellampally Town, Manr;herial District.

28.[t/.fVahendar, S/o.lt/.Agaiah, Aged about 43 years, Occ. Prop. Sri Lalitha Fancy Cloth Store, Shop No. 17-3-8a0009, Bazar Area, Itilain Road, Bellampally Town, [Vlancherial District.

29.Pandit Santhosh Devi, W/0. Onkar [t4al Pandit, Aged about 72 years, Occ. Prop. ofPandit Medical Store, Shop No. 9-1-72lfu1 , Bazar Area, Main Road, Bellampally Town, [t4ancherial District.

30.Diddi Sridhar, S/o. Satyanarayana, Aged about 46 years, Occ. Prop. ofManiSri Shoe tr,4a rt, Bazar Area, Main Road, Bellampally Town, l\,4ancherial District. 31 1\,4d.Wajid, S/o. tt/d. Raheem, Aged about 47 years, Occ. Prop.ofWajid Chicken . Center and Poultry Suppliers, Shop No. 7-4-86121N1, Bazar Area, lt4ain Road, Bellampally Town, It/ancherial District.

32. Kodakandla Srinivas, S/o.K.Kailasam, Aged about 51 years, Occ. Prop. ofS rinivasKiranaand Recharge Center, Shop No- 9-1-Co0002, Bazar Area, lt4ain Road, Betlampally Town, [Vlancherial District.

33. V.Srinivas, S/o. N/allaiah, Aged about 55 years, Occ. Prop. of Sri tt/ai Matching, Centre, Shop No. 7-1-Ba0002 ,Bazar Area, Main Road, Bellampally Town, Mancherial District.

34. T.Vanaja, Wo. Nandaiah, Aged about 58 years, Occ. Prop. of Vasavr Fancy, Cloth lV'lerchant, Shop No. 7-4-7Ol2lA, Bazar Area, lt4ain Road, Bellampally Town, lVancherial District.

35. Bala Srinivas, S/o. Balaiah, Aged about 61 years, Occ. Prop. of DurgaTiffins, Shop No. 9-1-Co002'1 , Bazar Area, lvlain Road, Bellampally Town, lt/ancherial District.

36.Tanuku Krishna Prasad, S/o. TanukuNandaiah, Aged about 44 years, Occ. Prop. of l\ilahesh Kirana Shop, Shop No. 9-2-Co0007, Bazar Area, Main Road, Bellampally Town, Mancherial District. 37- Vullakula Nageshwar Rao, S/o. Narsaiah, Aged about 69 years, Occ. Prop. ofTilak Photo Studio, Bazar Area, Main Road, Bellampally Town, fMancherial District.

38. Devasdani Rajesham, S/o.Nambaiah, Aged about 60 years, Occ. Prop. ofArun Dresses, Shop No. 7-1-8a0003, Bazar Area, [V1ain Road, Bellampally Town, IVlancherial District.

39.Chowby Roshini, W/o. Balram Kumar Chowbey, Aged about 46 years, Occ. Prop. of Chandini Ladies Emporium, Shop No. 9-1-Co0001, Bazar Area, lt4ain Road, Bellampally Town, Mancherial District.

40.Uma Devi Patha, W/o. Patha Prabhakar, Aged about 59 years, Occ. Prop Santosh Kiranaand General Store, Shop No. 9-2-Co0014, Bazar Area, ltil Road, Bellampally Town, Mancherial District. 41 .lt/d. Shafi, S/o. Saghir Ahmad, Aged about 42 years, Occ. Prop. ofShafi Eggs Center, Bazar Area, Main Road, Bellampally Town, Mancherial Drstrict.

42. Smt-[\rleenakshi lt4ishra, S/o, Sunil Mishra, Aged about 46 years, Occ. Prop. of Sai Bakery, Shop No. 9-2-Co0004, Bazar Area, lt/ain Road, Bellampally Town, Mancherial District.

43. Bala Satish Kumar, S/o. Late BalaShankaraiah, Aged about 49 years, Occ. Kirana Shop Business, Shop No. 9-1-Co0003, Bazar Area, Itilain Road, Bellampal{y Town, I\4ancherial District.

44.Gande Chandra Shekar, S/o. G.Jaggaiah, Aged about 46 years, Occ. Kirana Business, Shop No. 9-1-Co0007, Bazar Area, lVlain Road, Bellampally Town, Mancherial District &"&.

45. Thumu Goutham, S/o. Laxmi Narsaiah, Aged aboul ofl/asavi [V]edical, Hall, Shop No. 9-3-721N1, Ba,.i Bellampally Town, Mancherial District. /0 years, Occ. Prop. r Area, Main Road,

46.Thumula Ra r,,i Kumar, S/o. Late T.Gattaiah, Aged aboi Optical Shop. Shop No. 7-3-49131N1 , Bazar Area, l\1 Town, lVlancherial District. 40 years. Occ. Prop. rin Road, Bellampally

47. lvlerugu Devaiah, S/o. Ir,4erugu Ananthaiah, Aged abo r ofl\,4.Devaiah Fancy Cloth [\4erchant, Shop No. 7-3-Ba() Road, B el la m pally Town, [\,4ancherial District. 65 years, Occ. Prop. tO2, Bazar Area, l\,4ain

48. Hanumandla Naveen Kumar, S/o.H. Krishna, Aged Prop. of City Palace, Hotel, Shop No. 7-4-Ba0013. Bz Bellampally Town, l\4ancherial District. rbout 37 years, Occ. z-ar Area, Main Road,

49.Tak Thirath, S/o. Tak Kishan Singh, Aged about 36 yea Bangles, Store, Shop No. 7-4-Ba0010, Bazar Area, l/ Town, [t/ancherial District. s, Occ. Prop. oflaxmi lin Road, Bellampally

50. Nagishetti Flal Kumar, S/o. N. Chlnna Ramulu, Agecl Prop. of Sagar Ladies Emporium, Shop No- 7 -4-Ba0C Road, Bellampally Town, ft4ancherial District. about 38 years, Occ. 19, Bazar Area, l\,4ain 51 . l/loluguri Krishna, S/o. Late Mallaiah, Aged about 8 5 Tailor Shop,, Shop No. 12, Bazar Area, [V1ain Ro a N,4ancherial District. years, Occ. Prop. of 1, Bellampally Town,

52.Adepu Ravileja, S/o. Venkatesham, Aged about 37 yer Shop, Shop, No. 7-4-8a0006, Bazar Area, [\/ain Rc i lt4ancherial If istrict. s, Occ. Prop. of Tailor d, Bellampally Town,

53. AdepuVenkatesham, S/o. Lingaiah, Aged about 67 ye ,i First Aid Clinic, Shop No. 7-3-55/1/fu1 , Bazar Area, I/ Town, lt4ancherial District.

54.Keerthi Laxmi Narayana, S/o. Narsaiah, Aged about / Cloth Store, Shop No. 71-8a0005, Bazar Area, [\4ain Fc Pu4ancherial Ilistrict-

55. Patha Vaikuntam, S/o. P.Bheemaiah, Aged about I ofSravanthi Kiranam, Shop No. 9-2-Co0005, Baz: Bellampally Town, [Vlancherial District

56.lrusulla Thirupathi, S/o.Bheemaiah, Aged about 42 ye: Engineering And Electricals, Shop No. 9-2-Co000'l , E i Bellampally Town, lVancherial District.

57. Vishnu Kanlha Loya, S/o.Late Brij Gopal Loya, Agerl Prop. of Balaji Engineering And Electricals, Shop Nc Area, [t/ain Road, Bellampally Town, lvlancherial Distri(l 58. Kothapalli Shobharani, W/o. K.Ravinder, Aged abou: oflvlurali Krishna Kirana Store, Shop No. 9-1-Co000, Road, Bellam pally Town, trlancherial Distiidt rs, Occ. RIVP Doctor, :in Road, Bellampally i years, Occ. Prop. of ad, Bellampally Town, 7 years, Occ. Prop. - Area, Main Road, 's, Occ. Prop. ofBalaji zar Area, [t/a in Road, about 75 years, Occ. 9010Co0016, Bazar 53 years, Occ. Prop. 3, Bazar Area, Main

59. Konkumutti ll]adhukar, S/o. K.Gundaiah, Aged aboui ofsaree Center, Shop No. 7-4-Ba0007, Bazar Area, I/ Town, IVlancherial District. 69 years, Occ. Prop. ain Road, Bellampally

60. Peeka Ramu, Sio, P.Sammaiah, Aged about 41 yeer Ganesh, N/edical and General Store, Shop No.9-2-Co Road, Bellarnpally Town, It/ancherial District. ;, Occ. Prop. oflaxmi 106, Bazar Area, Main 61 . Gaddam Srinivas, S/o. Kanthaiah, Aged about 44 years, Occ. Prop. ofBhavaniKirana And Merchants, Shop No. 7-4-8a0008, Bazar Area, lv1ain Road, Bellampally Town, Mancherial District.

62.Sai Sangharsh, Sio. Peddulu, Aged about 30 years, Occ. Prop. ofPooja Store, Shop No. 7-4-76121A11, Bazar Area, lMain Road, Bellampally Town, [,4ancherial District. 63, Diddi Kiran, S/o. Satyanarayana, Aged about 40 years, Occ. Prop. of Om Sri Fashions, Shop No- 8-3-10, Bazar Area, lt/ain Road, Bellampally Town, Nrlancherial District

64. Gade lVondaiah; S/o.Rajaiah, Aged about 66 Years, Occ. Prop. of Punnarn Cloth t\/erchant, Shop No- 7 -4-BaO0O1 , Bazar Area, Main Road, Bellampally Town, ft/ancherial District.

65. Nalla Veeraswamy, S/o.Chambaiah, Aged about 53 years, Occ. Kirana and General Business, Shop No. 7-3-191N1 , Bazar Area, lt4ain Road, Bellampally Town, Mancherial District.

66.Renikuntla Nageshwar Rao, S/o. Late Chakrapani, Aged about 51 years, Occ. Prop. of Chakradani Kirana [.4erchant, Shop No. 7-4-S2lAl1, Bazar Area, [Vain Road, Bellampally Town, Mancherial District.

67. lVlanthena Devi, W/o. lrlanthena Laxman, Aged about 47 years, Occ. Prop. of Sri Surya Garments, Shop No. 9-2-Co001 1, Bazar Area, [/ain Road, Bellampally Town, ltilancherial District

68. Anil Kumar Mishra, S/o. G.L. Pandit, Aged about 63 years, Occ. Prop. of l\ilaruti Bakers, Shop No. 9-2-Co0001, Bazar Area, fr/ain Road, Bellampally Town, [,4ancherial District.

69. Keerthi Ramu, S/o. Lingaiah, Aged about 46 years, Occ. Prop. Ramu Tailor, Shop No. 7-3-49111N1, Bazar Area, Main Road, Bellampally Town, I\/ancherial District.

70. D.Swaroopa Rani, Wo. D.Sadaiah, Aged about 53 years, Occ. Prop. ofSoyagam Ladies Emporium, Shop/Door No.32, Bazar Area, ltrlain Road, Eellampally Town, It/ancherial District. 71 . Vadnala Rajesham, S/o. Shambaiah, Aged about 75 years, Occ. Prop. ofSiddivinayaka Fashion Shop, Shop No. 7-'1-8a0001, Bazar Area, [\/ain Road, Bellampally Town, ltr]ancherial District.

72.lVI.Latha, W/o. M.Bhasker, Aged about 34 years, Occ. Prop. ofBhaskar Dresses, Shop No. 9-2-Co00012, Bazar Area, [\,4ain Road, Bellampally Town, IVancherial District ...PETITIONERS AND 1 2 3 4 The State of Telangana, Rep. by its Principal Secretary, Municipal Administration and Urban Devqlopment Depe(ltell Qgqrelqfiet Eqildllgs, Kha irtabad, Hyiierabad. The Bellampally tVunicipality, Bellampally, Mancherial District, Rep. by its Commissioner. The District Collector, Mancherial District, at [\ilancherial. The Tahsildar, Bellampally Mandal, tr/ancherial District. The Estate Officer, The Singareni Colleries Company Ltd. ltrlandamarri Territorial Jurisdictron, l\Iancherial District ...RESPONDENTS Petition under Article 226 of the Constitution of ln i circumstances stated in the affidavit filed therewith, thr: pleased to issue a writ order or direction more particular 1 Writ of Mandamus; to declare the action of the respondent I No. Roc No.A1/917i2025, Dated 28-08-2025,29'08-2025, 3 2025 respectively in trying to take possession of the Shofr way of dispossession of the petitioners from their respet; tr,4ain Road, Bazar Area, Bellampally Town and [\,4andztl without issuing prior Show Cause Notice and without follotli as illegal, arbitral/ and in violation of Principles of Natural " of Articles 14. 2'' and 300-4 of the Constitution of lndi: Notice No. Roc No.41/91712025, Dated 28-08-2025, 29-08- 04-09-2025 respectively rssued by the respondent No.2, t;r respondents not to dispossess the petitioners from their re; at l\,4ain Road, Ba:rar Area, Bellampally Town and It4andal, \ a praying that in the High Court may be one in the nature of o.2 in issuing Notice )-08-2025 and 04-09- of the petitioners by ve shops situated at Mancherial District, rg due process of law r stice and in violation by setting-aside the 1025, 30-08-2025 and nsequently direct the )ective shops situated ancherial District. IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the r; the affidavit filed in support of the petition, the High Co- direct the respondent No.2 not to disposes the petitioners shops situated zrt lVain Road, Bazar Area, Bellampal t lVlancherial District, without issuing prior Show Cause Notic;t 'cumstances stated in 1 may be pleased to f rom their respective Town and Mandal, and without following due process of larv, pending disposal of the above Writ Peli on. Counsel for the Petitioner : SRI RUDRESH DESHPANDE Counsel for the Respondent No.1 : GP FOR MCPL ADMN ,RBAN DEV Counsel for the Respondents No.2 : SRI PUTTA KRISHN,l REDDY, Counsel for Respondents No.3&4: SRI SAHAS REDDY, I( iP FOR REVENUE Counsel for the R.espondents No.5 : SRI P.SRI HARSHA ll :DDY, SC FOR SCCL SC FOR MUIIICIEI\LI' Y The Court made the following: ORDER ( THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.29799 OF 2025 ORDER: This writ petition is filed by the petitioners seeking to declare the action of respondent No.2 the Commissioner, Bellampally Municipality, in issuing notice vide Roc.No.A I /9 I 7 /2025 dated 28.08.2025, 29.08.2025, 30.08.2025 and 04.09.2025 and trying to dispossess them from their respective shops situated at Main Road, Bazar Area, Bellampally Town and Mandal, Mancherial District, AS being illegal, arbitrary and violative of Artictes 14, 2l and 3004, of the Constitution of India, and consequently direct respondent authorities not to dispossess the petitioners from their respective shops, without following due process of law.

2. Heard Mr. Rudresh Deshpande, leamed counsel for the petitioners, Mr. Putta Krishna Reddy, leamed standing counsel for Municipatities, appearing for respondent No.2, Mr' M. Sahas Reddy, learned Assistant Govemment Pleader for Revenue, appearing for respondent Nos.3 and 4, and Mr. P. Sri Harsha I I 2 Reddy, learned standing counsel fbr Singareni Colli ries Cornpany Limited, appearing fbr respondent No.5.

3. The conlention of the learned counsel lor tlr pctitioners is that the petitioners and their iamily members ar: adn-rittedly ln possession o1'their respective shops for the past r ore than fifty (50) years. That originally, the land belonged to re-:; ondenr No.5 - the Singareni Collieries Company Limited and lr er respondent No.5 handed over the land along rvith the shops r,, cupied by the petitioners 1.o the Revenue Department. The Gor t lment issued G.O. Ms.No.76, Revenue (Assn.l), Department, dr t :d I 1.07.2019 for transfer of rights on certain possessions/en c r rachments on objectionable Govemment lands on payment 1r sis for both residential and non-residential purposes situated rr the State by way of functional buildings/dwelling units, duly sti I rlating oerlain terms and conditions for such regularization. \s per G.O. Ms.No.76, the petitioners submitted applications fo . regularization of their respective shops and some of the petitior:rs were also issued conveyance deed bearing document No. 13 38o 0f2023 dated

08.06.2023. The applications of several other p : irioners were 3 pending consideration, in view of the election code prevailing at that time

4. It is stated that while things stood thus, impugned notices in Roc.No.A I /9 t 7 / 2025 dated 28.08.2025, 29.08.2025, 3 0.08.2025 and 04.09.2025 were issued to the petitioners directing them to produce relevant documents within five (5) days from the date of notice else the shops witt be taken over by respondent No.2 - Municipality. The apprehension of the petitioners is that respondent authorities at any time may dispossess the petitioners from their respective shops without following due process of law, as such, the present writ petition is filed

5. Leamed standing counsel for respondent No.2 Municipality, leamed Assistant Government Pleader for Revenue, appearing for respondent Nos.3 and 4, and leamed standing counsel for respondent No.5 - Singareni Collieries Company Limited, submitted that the petitioners admittedly are in possession \ 1I of the shops and, if any action is initiated against the petitioners due process of law will be followed, by issuing notice to them. \ The impugned notices are issued to the petitioners calling upon 4 them to fumish information regarding documents : any available with them to asceftain the nature ofpossession and r terest over the property.

6. Recolding the aforesaid submissions of the l: Lmed standing counsel for respondent No.2, leamed Assistalrt Govemment Pleader for Revenue, and leamed standing counsel br respondent No.5, the writ petition IS disposed of, direct r g respondent authorities not to dispossess the petitioners from ,l eir respective shops situated at Main Road, Bazar Area, BellarnJr ily 'Iown and Mandal, Mancherial District, without following due I rocess of law However, respondent No.2 IS at liberty to go iLl ead with the enquiry pursuant to the Notice vide Roc.No.A I l(t 112025 dated

28.08.2025, 29.08.2025, 30.08.2025 and 0 4.09.2025, in accordance with [aw. There shall be no order as to costs. As a sequel thereto, miscellaneous applica ions, if any, pending in this writ petition stand closed. //- SD/ M. OSMAN ALI BAIG Is;, ,rsrANT REGTSTRAR //TRUE COPY// To, 1 The Princioal Secretary, IVlunicipal Administhti Departmedt, Secretariat. Telangana State, KhaN t \ SECTION OFFICER n ar I Urban Development.- #r/6 - bat. -lyderabad / LP<t'

2. The commrssioner, Belrampally Municiparity, Bellampally, Mancherial District. 3. The District Collector, [r/ancherial District, at Mancherial. 4. The Tahsildar, Bellampally I\,4andal, IVlancherial District. 5. The Estate Officer, The Singareni Colleries Company Ltd. [\,4andamarri Territorial Jurisdiction, Mancherial District

6. One CC to SRI RUDRESH DESHPANDE, Advocate. tOpUCl 7. Two CCs to GP FOR [/CPL ADTVN URBAN DEV, High Cou( for the State of Telangana. [OUT] 8 One CC to SRI KRISHNA REDDY PUTTA, SC FOR MUNtCtpALlTy/t\,4C loPUCl

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

10.One CC to SRI P.SRI_ HARSHA REDDY, SC foi Singareni Coilieries Company Limited. [OPUC] 1'1 .Two CD Copies. tsSK TKS eP --l ) t I HIGH COURT DATED:2610912025 I t. \, =,3Ih )'.- ,..\1, 2 3 JAil 2026 .:. i Jr (, (_', i; , ., .:1 cO {t * ORDER WP.No.29799 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ( . \c- a, 0

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