1. Smt. Penchala Madhavi v. The State of Telangana

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 an appropriate Writ, order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the official Respondents in trying to demolish the Gate and Fencing of the Petitioners' private patta lands bearingSurvey Nos. 1 38/es admeasuring Ac.'1 .05 guntas of Petitioner No.1 , I Survey No. 1381e:t12 admeasuring Ac.'l .05 guntas of Petitioner No.2 and Survey No. 11712 admeasuring Ac.3-00 guntas of Petitioner No.3 respectively situated at Banda Madaram i/illage, Medchal Mandal, Medchal-Malkajgiri District, as illegal, arbitrary, u nconst itutio nal, violative of the principles of natural justice, without jurisdiction, and contrary to Articles 14,21 and 300-4 of the Constitution of lndia, and consequently to direct the official respondents 2 to 5 not to interfere with the petitioners above stated lands without following due process cf law. lA NO: 1 OF 2(t25 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 direct the official respondents 2 to 5 not a) demolish the petitioners' Gate and Fencing in Petitioners' private patta lands bearing Survey Nos. 138/ca admeasuring Ac.1 05 guntas of Petitioner No.1, Survey No. '138/es/2 admeasuring Ac.1.05 guntas o1 Petitioner No.2 and Survey No. 11712 admeasuring Ac.3.00 guntas of Petitioner No.3 respectively situated at Banda Madaram Village, Medchal Mandal, Medchal-Malkajgiri District without following due process of law, pending disposal of the above writ petition. Counsel for the Pr-'tilioner: M/s. K. ARHAAN AHMED LAW FIRM Counsel for the Respondent No.1 to 3 & 5: SRI L. RAVINDER, ASST. GP FOR REVENUE Counsel for the Respondent No.4: SRI P. KRISHNA REDDY, SC FOR MUNICIPALITY Counsel for the Respondent No.6: - - - - The Court made the following: OROER 1; THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.3139O of 2025 ORDER: This Writ Petition is filed pra),ing this Court to declare thc action of the oflicial respondents in trying to demolish the Gate and fencing of the land admeasuring Ac. 1.05 gr-rntas in Sy.No. 138/el belongs to petitioner No. l; Ac. 1.05 guntas in Sy.No.i38/e9/2 belongs to petitioner No.2 and Acs.3.0O guntas in Sy.No. 1 17 12 belongs to petitioner lJo.3, situated at Banda Madaram Village, Medchal Mandal, Medchal Malkajgiri District, as illegal, arbitrary, vioiative of principles of natural justice and contrary to Articles 74, 21 and 3O0-A of the Ccnstitution oi India and consequently, prayed for other appropriate reliefs.

2. Heard Mr.K.Arhaan Ahmed, learned counscl for the petitioners; Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos. i to 3 and 5; Sri P.Krishna Reddy, learned Standing Counsel for respondent No.4-Gram Panchayat and with their consent, this '"vrit petition is being taken up for disposal at the admission stage. In vierv of the nature of relief sought for in this writ petition, issuance of notice to the unofficial respondent is dispensing rvith. I I 2 L \'\'- I \\'p i I i9!) ii)15

3. Learned counsel for the petitioners would submit that the petitioners are the owners and possessors of the land admeasuring Ac. 1 .05 guni.as in Sv.No. 138/e9; Ac. 1.O5 guntas in Sy.No.138/el/ 2 and. Acs.3.OO guntas in Sy.No.117l2, respectivelv, situated at Banda Madaram Village, Medchal Mancial, Medchal-Malkajgiri District ald their names rvere incorporated in all the revenue records and they were issued pattadar passbook bearing Nos.TO61OOl2065O; TO61OO120699 and T06 I 00 120694 , respectively. karned counsel for the petitioners u.ould further submit that on the application made b1, the urrolficial respondent for demarcation of the road situated in Sr'.No.I37, a Notice in File No.E/Spll2O24, dated,

26.05.2025 *,vas issued directing the adjacent larrd olvners to present on 26.05.2025 but the said notice was not served on the petitioners. Recently, the petitioners came to know that respondent No.3 addressed a letter to the Municipal Commissioner, Ellampet (respondent No.4), recommending lor laying of road through the petitioners' private land and respondent Nos.3 and 5, r.l'ithout verifying the ownership records, have lorcibly entered into the petitioners' lands without follorving due process of law. On O6. 1O.2O25, the staff of the 3 FvV. J \\n i I ioal 10.i official respondents are trving to remove the gate and fencing of the petitioners' land along vrith JCB and rrith great difficulty the peritioners along with their wai-chrnan have stopped tl-ru attempts made b)- ttre oflicial respondents.

4. Learned Assistant Government Pleader for Revenue and learned Standing Counsel for respondent No.4, in one vcice, would submit that a park, which lvas in existence has bcen encroached by the petitioners and acting upon the complainl given by the unofhcial respondent, the olficial respondents have condr-rcted the physical verihcation lvith the sLlpport of villagc maps and it is found that the petitioners have encroached upon the Government land where the public park is existing and erected the fencing and gate in the aid land. Since the petitioners have encroached upon the Government land, the said action has been taken by the official respondents in order to facilitate the public at large to use the public park. However, he would further submit that without issuing anv notice no action would be taken against the petitioners and if the petitioners have encroached upon the Governrrrent land, the olficial respondents have to take action as pcr the procedure, contemplated under law. ...? .-- l l\\..r l1)ll lll,lr) \\l

5. Hzrving heard the learned counsel for the petitioners; learned Assistant Covernment Pleader for Revenue appearing ror respondent Nos.1, 3 ancl 5 anC learned Standing Courrsel appezrring lor respondent No.4 and on perusai ol the record, this Court is of the opinion that if the petitioners have encroached upon the Government land, the official respondents are at liberty to take necessary action as contemplated under law by issuing notice to the petitioners and affording an opportunity of hearing to them and pass appropriate orders in accordance u'ith law, as expeditiouslv as possible.

6. With the above directions, this Writ Petition is disposed of. No costs.

7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs SD/. ASS P. PONNA KRISHNA ISTANT REGISTRAR I ,TRUE COPY// SECTION OFFICER To,

1. The Principal Secretary, Revenue Department, The State of Telangana, Dr. B.R. Amb6dkar Telanjana State Secretariat, Hyderabad.

2. The District Collector, Medchal-Malkajgiri District. 3. The Tahsilclar Medchal t\/andal, Medchal, Medchal-Malkajgiri District - 501 4. The lVunicipal Commissioner, The Yellampet Municipality, Beside MPP

401. School Yeilampet, Medchal Mandal, Medchal-Malkajgiri District- 501 401. 5. The Mandal Surveyor, Survey and Land Records, Office of Survey and Land Records Department, IVedchal lVlandal, Medchal-Malka.jgiri District - 500 078 6. One CC to M/s K. ARHAAN AHMED LAW FIRM, Advocate [OPUC] T One CC to SRI P. KRISHNA REDDY, SC for MUNICIPALITY [OPUC] 8. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. touTl

9. Two CD Copies BN FL-pvt- ''].------<E,.\ I HIGH COURT DATED:1 611012025 ORDER WP.No.31390 of 2025 1HE S,4 )6: k o I I 0 4 r{0v IG .. PATC vr€-0 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \2 .dd ft'."