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 Writ, Order or direction, more particularly one in the nature Writ of Mandamus, declaring the notice/order No. 8144712024 dated 05.11.2024 issued by the 4th respondent Tahsildar U/s 6 of Telangana Land Encroachment Act, lll of1905 directing Madal Girdawar 1 and Mandal surveyor to evict petitioners from the Government hospital premises (Gramakantam) situated at Kubeer village and Mandal, Niramal district as illegal, arbitrary' and violative of Article 21 , '19 (g) of the Constitution of lnclia and in utter violation of principles of natural justice consequently to set aside the same. lA NO: 1 OF 2024 Petition 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 stay all further proceedings pursuant to notice/order No.8.144712024 daled 05.11.2024 as issued by the 4th respondent Tahsildar including eviction of the petitioners form tin sheds / shops located outside the compound wall of Government hospital, Kubeer village and lr,4andal, Nirmal District,, as otherwise petitioners stand to suffer serious hardship and irreparable loss and injury. lA NO: 2 OF 2024 Between:

1. The State of Telangana, represented by its Principal Secretary (Revenue) Secretariat Build ings, HYderabad

2. The District Collectbr, Nirmal District at Nirmal 3. The Revenue Divisional Officer, Bhainsa Division, Nirmal District 4. The Tahasildhar. Kubeer Mandal Kubeer, Nirmal District ...PETITIONERS/RESPONDENTS AND

1. Md. Sirajuddin. S/o. Md. Fayazuddin Aged 38 years, Occ. Business Rl/o. Z. Sfrait< Niasrurulla Khan, S/o-shamsir Khan Aged 41 years, Occ. Business R/o. Kubeer, Nirmal District. Kubeer, Nirmal District. Nirmal District. Nirmal District. Fi/o. Kubeer, Nirmal District.

3. Shaik Bade lr/iya. S/o. Shaik llyas Aged 71 years, Occ. Business Rl/o. Kubeer' 4. Shaik Shadulla, S/o. Jainimiya Aged 34 years, Occ. Business Rl/o. Kubeer, 5. Shaik Kahamar, S/o. Shaik Lal Mohammad Aged 48 years, Occ. Business 6. Md. RiyajuciOin, Slo. Md. Moinuddin Aged 34 years, Occ. Business Fl/o. 7. Ameer Khan, S/o. lsmail Khan Aged 75 years, Occ. Business Ri./o. Kubeer, 8. Shaik Afsaroddin, S/o. Mohainoddin Aged 42 yearc, Occ. Business R/o. 9. Ahmed Hussain. S/o. Walisab Aged 71 years, Occ. Business Fl/o. Kubeer, 10. Sultana, w/o Late Shaik Javeed Aged 38 years, Occ Business Rl/o. Kubeer, Kubeer, Nirmal District. Kubeer, Nirmal District. Nirmal District. Nirmal District. Nirmal District. ..,RESPONDENTS/PETITIONERS Petition 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 vacate the interim orders daled 1111112024 passed in W.P.No. 31529 of 2024 and dismiss the writ petition. Counsel for the Petitioners: SRI N.MANOHAR Counsel for the Respondents: SRI L.RAVINDER, AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C'V.BHASKAR REDDY WRIT ION No.3 t529 of 2024 QBD-ER: This Writ Petition, under Article 226 of the Constitution of India, is {iied seeking the following relief: "...'oissuewit,orderordirectionmoreparticulartgofie-inthenature Wit of Mandamus declaing the notice/ order No'B/447/2024 dated 05.11.2024 issued bg the 4'h respondent Tahsildar U/s 6 of Telangana LandDncroachmentAct,IIoflg\SdirectingMadqlGirdawarland Mandal suruegor to evtct petitioners front tlrc Gouernment lTospital premises (Gr(lmok(lntam) situated at Kubeer dlloge and Mandal' - Niramrll dislrict as tllegal, arbitrary cLnd uiolatiue of Arlicles 21' 19 (g) of the Constitution of India and in utter uiolation of pittciples of natural justtce consequentt/ to set aside the same "

2.Itisthecaseofthepetitionersthattheyarerunningbusiness in the name and style of National Engineering situated opposite to Government hospital, Kubeer Village (outside compound wall of Government hospital) and the said business was started about 30 years back by obtaining permission from the then Gram Panchayat and they are continuing the said business by raising tin roof sheds' It is the further case of the petitioners that the said structures are not recent origin and since decades they are in possession of the said.. property. The grievance of the petitioners is that respondent No.4-tfie Tahsildar has issued notice' dated 26'10 '2024 utder Section 7 of the [,and Encroachment Act' 19O5 (for short 'Act' i 1 19O5J stating that they have raised unauthorized temporary structures in the Government Hospital premises, and also issued another notice, dated O5.71.2024 under Section 6 of the Act, 1905, directing them to evict from the said premises.

3. Learned counsel for the petitioners submitted that since the petitioners are in possession of the subject lands from long time, the respondent authorities are not having any power or authority to issue notices directing the petitioners to evict from the said premises.

4. Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents submitted that as the petitioners have encroached the lands, which are abutting to the Government hospital, keeping in view of the interest of the patients, respondent No.4 has initiatcd proceedings by issuing notices dated

26.10.2024 and 05. 11.2024 directing the petitioners to evict from the said premises. Learned Assistant Government Pleader further submitted if the petitioners are aggrieved by the notices, they are having statutory remedy of filing appeal an under Section iO of the Act, 1905 and instead of availing the said remedy, they have filed this writ petition. J In view of the above, since the petitioners are having an 5. eflicacious remedlr of filing an appeal under Section 10 of the Act' 1905, before the respondent No.2, this Court deems it appropriate to dispose of this writ petition relegating the petitioners to avail the said remedy within a period of four (4) weeks from the date of receipt of a copY of this order. On f-rling such appeal' respondent No.2 is directed to dispose of the same within a period of two (2) months from the date of filing such appeal' Til[ such time' the respondents are directed not to take any coercive action against the petltloners 6 With the above observations, this Writ Petition is disposed of' No order as to costs As a sequerl, the miscellaneous petitions pending, iI any, shall stand closed SD/- A. SRINIVASA REDDY S STANT REGISTRAR ,TRUE COPY' SECTION OFFICER ings, Hyderabad, State of

1. The Principal Secretary (Revenue) Secretariat Bui Telangana The District Collector, Nirmal District at Nirmal The Revenue Divisional Officer, Bhainsa Division, Nirmal District The Tahasildhar, Kubeer Mandal Kubeer, Nirmal District One CC to SRI N.MANOHAR, Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies To Z 4 6 7 PSK. CJP w HIGH COURT' DATED:2010312025 I ORDER WP.No.31529 of 2024 E sTAr€ ,) 20 r 'i ?[25 z C) l ,Df : -a.'' DISPOSING OF THE WRIT PETITION WITHOUT COSTS /f\(9 b\ 4?r