The High Court · 2025
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circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ4rder or direction more particularly one in the nature of Writ of Mandamus declare the action of the Respondent No 2 in dispossessing the petitioners from their dwelling house Total Property Plot No-536, in Survey Nos. 63126 to 63/34, admeasuring 130 Square Yards, situated at Seetharam Nagar colony, Boduppal, Medipally Mandal, Medchal-Malkajgiri District, Telangana is e illegal arbitrary unconstitutional without following due procedure of law and violating the principles of naturaljustice and consequently direct the Respondents not to dispossess the petitioners from the above said house lA NO: 1 OF 2025 Petition under Section 15-1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Direct Respondent No.2 to not to interfere/dispossess the petitioner from the dwelling House Total Property Plot No-536, in Survey No's. 63/26 to 63/34, admeasuring 130 Square Yards, situated at Seetharam Nagar Colony, Boduppal, Medipally Mandal, Medchal-Malkajgiri District, Telangana pending disposal of the writ petition. Counselfor the Petitioner: SRI DARVESH ANISHWAR RAO FOR M/s JMS LAW FIRM ADVOCATES AND ASSOCIATES Counselfor the Respondents: SRI K. MAHESH, AGP FOR REVENUE The Court made the following: ORDER I r ! ! I I I -') HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.3128O of 2O2S DATE OF ORDER: O5. L2.2O25 BETWEEN: Md. Reshma AND The State of Telangana Rep. by its Principal Secretary, Revenue Department and 1 another. ... Petitioner .. Respondents : ORDER r This writ petition is filed for the following prayer "...to fssue a Writ of Mandamus declaring the 4'h respondent/Talsildha4 Choutuppa\ Report uide Letter. No.A/7OO/22, Dated. 14-08-2024, in which the Tahsildhar reported to the Reuenue Diuisional Officer, Choutuppal stating that as per the Mandal Reuenue Inspector, Choutuppal, Panchanama, Dated. 13-08-2024, the respgndents. No.9 and 1O are in possession of the schedule land in Sg. No.122, extent fo Ac.2.0O gts, situated at Toopranpet Village, Choutuppal Mandal, Yadadi Bhongir Distict and consequential Reuenue Divisional Offtcer, Choutuppal report Letter. No. C/1253/2024, Dated. 17-08-2024 and District Collector direction Letter. No. E3/ 3 1 54/ 24, Dated 24-O 8- 2 O 2 4 as illegal, arbitrary, against the pinciples of natural justice and in contrary to the Tahsildha4 Choutuppal earlier Possession Certifi.cate of the petitioners, dated. 21-06-2022. Consequentlg to direct the respondent Nos.2 and 3 to conduct detailed enquiry regarding the Schedule Land in 59.No.122, ertent to Ac.2.OOgts, situated at Toopranpet Village of Choutuppal Mandal, Yadadi Bhongir District bg consideing the petitioners representations dated 14-10-2024, 25-10- 2024, Sada Sale Deed of the petitioners, dated. O1-O4-1985, Agreement Dated. 27-08-2015 and Possession Certificate of the petitioners, dated. 21-06-2022 and Clrurge Sheet in Cime. No. 456 of 2O22 field on 2O-O3-2O23..." ,} { )
2. Heard Mr.Darvesh Anishwar Rao, learned counsel for the petitioner, Mr. K.Mahesh, learned Assistant Government Pleader for Revenue appearing for respondents. Perused the record.
3. Learned counsel for the petitioner would submit that the petitioner is the owner of plot No.536 in Sy.No.63126, 63/34, admeasuring 130 Sq.yds, situated at Seetharam Nagar colony, Boduppal, M'edipally Mandal, Medchal- Malkajgiri District (herein after referred as 'schedule property') by virtue of notarized sale of agreement dated
13.05.2008, purchased from the GPA holders, through GPA Doc No.792/L992, dated 30.1L.1992 at Sub-Registrar Office, Uppai.
4. Learned counsel for the petitioner would further submit that the petitioner had constructed a Dwelling house in the property and Gram Panchayat, Ghatkesar Mandal had issued Tax and she is paying the taxes to the Government. He would further submit that respondent No.2 has been disturbing the two colonies by narne Seetaharam Nagar and Gouthami Nagar stating that the \o 3 part of survey numbers belong to Government. The colony association had approached this Court by filing writ petitionsvideW.P.Nos.2826of2023,261|9of2o|2and 2825 of 2019, wherein this court directed the respondent No.2 not to demolish and disposes the petitioner from the peaceful possession of their property'
5. While the things stood thus, on 06 'IO '2025' respondent No.2 along with his staff and heavy cranes had illegatlyenteredintothepetitioner,spropertyandtriedto demolish the Dwelling house and. tried to disposes her from the property without issuing any notice to her' Hence' he seeks indulgence of this court to direct the respondent authorities. 6 LearnedAssistantGovernmentPleaderforRevenue seeks to Pass aPProPriate orders
7. Having heard learned counsel for the petitioner' learned Assistant Government Pleader for Revenue and upon perusal of the material placed on record' this Court without making any observations on the merits or demerits of the case on the aspect of possession of the property, i I t 4 .ilr'\ deems it appropriate to direct the respondent authorities to strictly follow the procedure contemplated under law by issuing necessary notice to the petitioner if so warranted and take appropriate action in accordance with law.
8. With the above direction, this writ petition is disposed of. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. SD/.M. NAGAMANI ASSISTANT REGISTRAR6 SECTION OFFICER //TRUE COPY// To,
1. The State of Telangana, rep by its principle secretary, revenue department' secretariat, HYderabad
2. The Tashildhar, Medipally Mandal, Medchal-Malkajgiri District, Telangana. 3. One CC to M/s JMS LAW FIRM Advocates and Associates, Advocates IoPUCI
4. Two CCs to Gp for Revenue, High Coirrt for the State of Telangana at Hyderabad. [OUT]
5. Two CD CoPies MP AW BS \I t HIGH COURT DATED:0S/1 2t2OZs { F 1", :ri 13 Lru XUi i,.t. ,! .t,+-i .. -;. '/ :.. ORDER WP.No.31280 of ZOZ1 DISPOSING OF THE WRIT PETITION WITHOUT COSTS (t- e-) !o l.