✦ High Court of India · 29 Oct 2025

The High Court · 2025

Case Details High Court of India · 29 Oct 2025
Court
High Court of India
Decided
29 Oct 2025
Bench
Not available
Length
2,481 words

7. Nandu Sunitha, W/o.N.Srinivas, aged about 40 years, Occ: Household, R/o.Nagaram Village, Nizamabad Mandal, Nizamabad District. B. Aakadu Smrithi, W/o.Sri Kesava Rao, aged about 43 years, Occ: Household, Rl/o.Nagaram Village, Nizamabad-Mandal, Nizamabad District. ...PETITIONERS AND 1 2 State of Telangana, rep. by its Principal Secretary,, lr,4unicipal Administration and Urban Development Department, Secretariat, Hyderabad. t\/unicipal Corporation of Nizamabad, Rep. by its Commissioner, Nizamabad, Nizamabad District.

3. The District Collector, Nizamabad District, at Nizamabad 4. Tahsildar Nizamabad l\ilandal, Nizamabad District., - ...RESPONDENTS Petition under Artic a 226 of the Constitution of lndia praying that in tlre circunrstances stated in lhe 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 fu4an<1amus declar n I the high handed action oF the 2'd respondent in tryin!l to demolish the srnall houses of the petitioners rvhich were constructed on the irasis of llre issu:rnce of ratta certifrcate to the I)etitioners rn the year 2005 rn respect of land adnreasur no 60 sq yards each, under sy.no.2142,2143 and 2144. situated at Nagar:rnr Vrllac:c., Nrzamabad l\,4andal, Nizamabad District, by way of dispossessing the pr:titionr. rs. under the instigation of the 4th respondent, on the assumption of encroachrn:1 Government land without following the proceclure contemplated LrnCi:r law as illegal. arbitrary, unjust, unconstrtutional, violation of prrnciples of natural lustrr;rr and also rn violation of Articles 14, 21 and 300-A of,Constitution oI India and against the provisions of AP Assigned Lands (Prohibrtion oi Transfers) Acl. 1977 and the Rules madc there.Lnder, and consequently direct the rr:soondents 2 and 4 not to demolish the small houses of the petitioners by way Of tispossessrng the petitioners from the subject lands. without following thr: proceoure contemplated under law, LA. NO: 1 OF 2015 WPMP. NO: 11862 OF 20'15 Petition undr:r Section 151 CPC praying that in the circumstances stated tn the affidavrt filed ir-r support rf the petition, the High Court may be pleased to direct the respondents 2 :rnd 4 n()t to demolish the houses of the petitioners by way of dispossessing thenr from their peaceful possession and enjoyrnent over the land admeasuring 60 s:;. yards cach, under sy.no.2142, 2143 & 2144, situated at Nagaram Village, Nrzamab;rd [\,4andal, Nizamabad District, wrthout following the procedure contemplated under the law, pending disposal of the writ petition, Counsel for the Petitioners: SRI MOHD MOIN AHMED QUADRI Counsel for the Respondent No.1: GP FOR MCPL AOMN-URBAN DEV Counsel for the Respondent No.2: SRI V. SATYAM REDDY Counsel for the Respondent Nos.3 and 4: GP FOR REVENUE WRIT PETITION NO: 8956 OF 2015 Between:

1. Chidur Balamani, W/o.Sri Balaiah, Aged about 65 years, Occ Rl/o.Nagaram Village, Nizamabad l\,4andal, Nizamabad District. 2. Dappu Sayamma, W/o.Sri Sailu, Aged about 60 years, Occ R/o Nagaram Village, Nizamabad lr,4andal. Nizamabad District. 3. Ale Renuka, W/o.Sri Lakshmi Narayana, Aged about Occ. Household, Rio.Nagaram Village, Nizamabad [t4andal, District

4. Garada Ramani, W/o.Sri Santosh, Aged about 35 years, Occ R/o.Nagaram Village, Nizamabad l\ilandal, Nizamabad District. 5. lVl.A.Savitri, W/o. Sri Victor, Aged about 40 years, Occ: R/o.Nagaram Village, Nizamabad l\,4andal, Nizamabad District. 6. Rizwana Begum, Wio.Sri l\,4ohd. Jameel Aged about Occ: Hcusehold, R/o.Nagaram Village, Nizamabad [r1andal, District.

7. Sayamma, W/o.Sri Neelakantham, Aged about 47 years, Occ R/o.Nagaram Village, Nizamabad lr,4andal, Nizamabad District. Household, Household, 38 years, N izama bad Household, Household, 44 years, N izama bad Household,

8. lvl.Kranthi Devi, W/o.Sri Mangal Das, Aged about 34 years, Occ. Household, R/o.Nagaram Village, Nizamabad lr/andal, Nizamabad District. ...PETITIONERS AND 1 State of Telangana, Rep. by its Pflncipal Secretary, lr,4unicipal Administration and Urban Development Department, Secretariat, Hyderabad 2 It4unicipal Corporation of Nizamabad, Rep. by its Commissioner, Nizamabad, Nizamabad District. The District Collector, Nizamabad District, at Nizamabad. 3 4. Tahsildar, Nizamabad lVandal, Nizamabad District ...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 high handed action of the 2nd respondent in trying to demolish the small houses of the petitioners which were constructed on the basis of the issuance of patta certificate to the petitioners in the year 2005 in respect of land admeasuring 60 sq. yards each, under sy.no. 2097,2135 and 2145, situated at Nagaram Village, Nizamabad Mandal, Nizamabad District, by way of dispossessing the petitioners, under the instigation of the 4th respondent, - on the assumption of encroaching Government land without following the procedure contenrplated under law, as illegal, arbitrary, unjust, u nco nstitutio nal, violation crf prtnciples of natural lustice and also in vrolation of Articles 14,21 and 300-4 of Constrtuiion of lndia ancl against the provrsions of AP Assigned Lands (Prohibrtron of Transfers) Act, 1977 and the Rules made thereunder, and consequertly drrer:t the resl)ondonts'2 and 4 not to demolish the small houses of the petrtroners by way of ,l spossessing the petrtioners from the subject lands. without fol owing the procer)uTe contenrplated under law l.A. NO: 1 OF 201S(WPMP. NO: 11793 oF 2!1s) Pet'tion uncler Section 151 CPC praying that in the circumstances stated rn the affidavit frled in support of the petition, the High Court may be pleased to direct the respondcnts 2 an.l 4 not [o cJemolish the houses of the petitioners by way of dispossr:ssing thern fronr tlrcir pcaceful possession and enjoyment over the land admeasurnq 60 sri. yards cach. under syno. 2097,2135 & 2145, situated at Nagaram Village. Nizarnab rd lv4andal, Nizamabad District, without following the procedure contemplatecl unrler the: law, pending disposal of the writ petition, Counsel for the Petitioners: SRI IVIOHD MOIN AHMED QUADRI Counsel for the Respondent No.1: GP FOR MCPL ADMN-URBAN DEV Counsel for the Respondent No.2: SRI V. SATYAM REDDY Counsel for the Respondent Nos.3 and 4: GP FOR REVENUE WRIT PETITION NO: 9033 OF 2015 Between:

1. Fathima, W/o.Sri N4rl.Shafi Aged about 70 years, Occ: Household, R/o. Nagaram Village, lrlrzamabad tVlandal. Nizamabad District.

2. D.Anasuya, Wio.Sri Narayana Aged about 55 years, Occ Household, R/o.Nagaram Village, Nizamabad Mandal, Nizamabad District.

3. Ummeda Sayamma, Wio_Sri Sailu, Aged about 60 years, Occ Household, R/o. Nagaram Village, Nizamabad lVlandal. Nizamabad District.

4. Gondali Anitha, W/o.Sri Gondali Eknath Aged about 49 years, Occ Household R/o.Nagaram Village, Nizamabad Mandal, Nizamabad District. 5. Shaheeda Begunr, W/o. Sri Chand Ghouse Aged about 39 years, Occ HouseholC. Rio.Nagaram Vrllage, Nizamabad lr4andal, Nizamabad District-

6. Venkateswari, W/o.Sri Vivekananda Aged about 44 years, Occ Household, FTo.Nagaram Village, Nizamabad Mandal, Nrzamabad District.

7. Md-Sultana Begum, Wo.Sri Md.Anwar Aged about 37 years, Occ Household, R/o.Nagaram Village, Nizamabad Mandal, Nrzamabad District.

8. Arfin Banu, W/o.Sri Sk.lqbal Aged about 34 years, Occ Household, R/o.Nagaram Village, Nizamabad lr.4andal, Nizamabad Distnct

9. Yasmeen Banu, W/o.Sri Nayeemuddin Aged about 35 years, Occ Household, R/o.Nagaram Village, Nizamabad lt,4andal, Nizamabad District. ...PETTTTONER(S) AND 1 State of Telangana,, rep. by its Principal Secretary, tt4unicipal Administration and Urban Development Department, Secretariat, Hyderabad. 2 I\/unicipal Corporation of Nizamabad, Rep. by its Commissioner, Nrzamabad, Nizamabad District.

3. The District Collector, Nizamabad District, at Nizamabad 4. Tahsildar, Nizamabad Mandal, Nizamabad District RESPONDENTS 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 rssue a writ, order or direction more particularly one in the nature of Writ of lrlandamus declaring the high handed action of. the 2d respondent in trying to demolish the small houses of the petitioners which were constructed on the basis of the issuance of patta certificate to the petitioners in the year 2005 in respect of land admeasuring 60 sq. yards each, under sy.no.2142,2143 and2144, situated at Nagaram Village, Nizamabad Mandal, Nizamabad District, by way of dispossessing the petrtioners, under the instigation of the 4th respondent, on the assumption of encroaching Government land without following the procedure contemplated under law, as illegal, arbitrary, unjust, unco nstitutio nal, violatron of principles of natural lustice and also in violation of Articles 14,21 and 300-4 of Constitution of lndia and against the provrsions of AP Assigned Lands (Prohibition of Transfers) Act, 1977 and the Rules made thereunder, and consequently direct the respondents 2 and 4 not to demolish the small houses of the petitioners by way of dispossessing the petitioners from the subject lands, without following the procedure contemplated under law. / -,-l--a l.A. NO: I OF 2015(WP MP. NO: 11887 OF 2015) Petition under Secticn 151 CPC praying that in the circumstances stated rn the affidavit filed ir' suppe61 of the petition, the High Court may be pleased to direct the respondents 2 an j 4 nlt to demolish the houses of the petitioners by way of dispossessing the r fronr tireir pe;a.;eful possesston and enjoyment over the land admeasur ng G0 so yar-ds each, uncJer sy.no 21,12 2143 & 2144, situated at Nagaram Villagc. irlrz rmaDi:cl lr,4andal, Nizamabad District, wrthout following the procedure contertrplatt:d un'ler ttre iaiv, pending disposal of the writ petition. Counsel for the Petitioners: SRI MOHD MOIN AHMED QUADRI counsel for the Respondent No.1: GP FOR MCPL ADMN-URBAN DEV Counsel for the Respondent No.2: SRI V. SATYAM REDDY Counsel for the Respondent Nos.3 and 4: GP FOR REVENUE The Court made the following: COMMON ORDER THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHET"TY ! WRIT PETITION No.9O11 8956 and 9O33 of 2O15 ORDER: Thcsc writ petitions are liled to declare the action of respondcnt No.2 in tn ing to demolish the houses ol tl're pctrtioners as illegal, arbitran' and in violation of Articles 14, 2 L and 300-A of Constitutior-r oi India

2. Heard Sri lVlohd.Moin Ahmed Quadri, learned counscl for tl-rc pclitioners ar-rd Sri V.Salvam Reddy, learned Standing Counsel for respondent No.2

3. Learned Standing Counsel for respondent No.2 reprcsented that the issue raised in the present u'rit petitions IS squalell' covered bv the Ordcr dated 06.1O.2025, passed in W.P.No.9O4 1 of 20 15, and therefore, pral,ecl to dispose of the present writ petitions in terms of orders passed b-r. this Court in W.P.No.9O4 1 of 2O 15

4. Learned Counsel lor petitioner did not dispute rhe submissions made b1' the learned Standing Counsel for respondent No.2 5 Accordingly, thr:se u,rit petitions are disposed of in terms of order dated 06.10.2025 in W.p.No.9041 ol 201ti There shall be no ordel as to co sts Misce iirrncor.rr. Jrt,Lrtions penclirrq. il arrr., slraii stanc[ closecl ,TRUE COPY// SD A M JAWAHAR REDDY TANT REGIST ECTION OFFICER The Prrncip.rr Sccrel;rry.. Stale of Telanqana, l\,4unrci Urb.rn Deve'oprnent )-r,admo,,l S";;;i;,1;i Fiy;":; Administration and p ba d [a,::H531..";1,1:llo,, . I Nizam:rbad, Rep by irs commissioner, Nizamabad, The District Collector. N zamabi:d District. at Nizamabacl Tahsildar Nizanrabad l,tirrciai. Nrzamabad Districl . - One CC to Sl t\4ohd \loin Ahnrr:cj euadri. Advocate [OpUC] Two CCs to Gp tor ful,rl r,:rnal,A,,: rnrnistratron Urban Devclopment, High Court tor the State or I etanoana.'ar rrvoeiaoiJ'i5l,yi".' ". One CC to Sri V Saty,rrl Reddy. Advocate IOPUC] Iff":r?i?r}5;!c ror R 'venue High court ror thc stare or rerangana, at Two CD Copies To, I 2 3 4 5 6 7 8 I TJ L]SR (Along with the Copy of Order dated 06..10.2025 tn W.p.No.9041 Of 2015) Yx HIGH COURT DATED:2911012025 1HE SI4 !' o 1 B tr,AR 202[ (,) * SPATC * COMMON ORDER WP.Nos.9011, 8956 and 9033 of 2015 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \a .o#* \+., 4(M i HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY IVRIT PETITION No.9O41 of 2O15 ORDER: This writ petition is llled to declare the action of respondent Nos.2 in tn'ing to demolish the houses of petitioners in Sy.Nos.2142, 2143 and 2141, situated at Nagaram Village, Nizamabad District, at the instigation of respondent No.4, as illegal, arbitrary and in violation of Articles 14, 2 1 and 300 A of Constitution of India and conscquently, to direct the respondent Nos.2 and 4 not to demolish the houses of the petitioners without foliowing due process of iaw.

2. Heard Sri Vinav Kumar, learncd Counsel representing Sri Mohd.Moin Ahmcd Quadri, learned Counsel for the petitioners on record, Sri V.Satyam Reddy, learned Counsel for respondent No.2 and lcarned Assistant Government Pleader for Revenue.

3. Learned Counscl for pctitioners would submit that petitioners are the lawful ori,ners and possessors of land admeasuring 60 Sq.yrds each in Sy.Nos.2142, 2143 and 2144, situated at Nagaram Village, Nizamabad District, having acquired the same by way of assignment pattas issued by 2 respondent No.4: that petitioners constructed houses in the said plots by obtaining loan from Andhra pradesh State Housing Corporation Lin-ri1ed (npsHCL) and aiso obt:rirrerl electricity ancl \^ ater connection ancl have Lrct,n pat.inil propcrty ta_rl r.egularl.r.. \{'hile t1-ri, rnatter sro()d thus, on 27 ()3.2015. the olficrals trl responcient No.2 at the instigation of r.esponclent No.4 tried tct demolish the houses of petitioners bv clisposscssing thcm on the gr ound that thr.,v are illegal encro:Lchers: that s,ith the intervcntiorr OI local elders and socizrl *,orkcrs, petition<.rs coulcl resist thenr. Ile further submittcd thar l;L:forc riiking drtrstic stcp ol dcn'rolition of houscs, the rcspor-rdcnts h:rve neithcr issucrl noticc nor followed the proccdure contemplated uncler lar,r,. Therefore. the present Writ petition.

1. This Court iide Order dated 01.0.1_201.5. grantcrl Sfalu-s Qto and the sarne was extended until firrtl,rcr C)rclcrs on 04.06.2)15

5. The learned Standing Counsel for respondent No.2 rvould submit that pursuant to interim Orders passed by this Court, respondents did not take further steps to dispossess the petitioners or demoiish the houses of the petitioners. Lea_rned Standing Counsel further submitted that respondent No.2 -) would follow due procedure as contemplated under larv before taking any step to demolish the houses of the petitioners.

6. In view of the aforesaid submission mzrde by the learned Standing Counsel for respondent No.2, this \\rrit petition is disposed of directing the respondcnts not to interfere u,ith the possession and enjoyrnent of the petitioners in respect of subject houses, cxcept in accordancc with the due procedure laid down under law. There shall lre no order zrs to costs_ Miscellaneous petitions pcnding, if any, shall stand closed. DATE: 06.1O.2O25 TRI LAXMI NARAYANA ALISHET"TY, J

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