years, Occ. Landlord v. 'l . State of Telangana

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 respondents and their subordinates not to interfere with peaceful possession and enjoyment of the petitioners including the barbed fencir g work surrounding the old small room bearing municipal No.16-5-398/E, and its z ttached vacant land under T.S.No.'1 1212, which is corelated to Sy.Nos.10Jlpart and 10611, admeasuring 975 Sq. meters each, situated at Farhat llagar, Dabeerpura, Hyderabad, withou: following due procedure as contemplated under law, pending disposal of the writ petition. Counsel for the Petitioners: SRI MOHD MOIN AHMED eUAD Rl Counsel for the Respondent No.1: cP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent Nos.2 TO 4: SRI R.VENKATESH. SC FOR GHMC The Court made the following: ORDER i j I I I I I THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.31460 OF 2025 ORDER: l.l. Petitioners claim to be owners and possessors of the property bearing Municipal No. l6-5-398/E comprising of a small room and attached vacant land in T.S. No. 1 l2l2 (correlated to Survey Nos. I 05/Part and I 06/ I ) admeasuring 975 square meters each, situated at Farhat Nagar, Dabeerpura, IJyderabad (hereinafter referred to as 'subject property').

1.2. Originally one Mr. Suhi Sahib was lawful owner and possessor of the subject property. After the death of Mr. Suhi Sahib, petitioners being his legal heirs became owners of the subject property and their names were recorded in the revenue records. They filed declaration under the provisions of the Urban Land (Ceiling and Regulation) Act 1976 vide Proceedings No.Jr4 l/94 dated28.02.1994 for computation of their holding ln Survey Nos. 104 to 108 of Talab Chenchalam Village, Charminar Mandal including the subject property and they were declared as non-surplus holders in respect of the subject property.

1.3. One Mr. Lateef Yar Khan who is G.P.A. Holder of the petitioners herein and claims to be grandson of Mr. Suhi Sahib, filed W.P. No.6859 of 1994 when there was intelf_erence by the third parlies and the same was disposed of by this Court by the order lated BVRJ wP 3t{60_2025 17.08.2000 2 directing the police to provide police protection :o the petitioner. W.P. No.5510 of 2012 was filed by the petitioners thrr,ugh their G.p.A. Holder Mr. Lateef Yar Kahn seeking directions to the GHMC to grant building permissic,n without insisting for 'No Objection C ertificate (NOC), from the revenue officials and the same was disposed of by this Court by the order dated 29.02.2012 granting the relief as prayeI for. However, building permissi()n could not be obtained by the petition:rs due to lack of funds,, but a temporary watchman room was constructe I and fenced the subject property w ith barbed wire.

1.4. It is stated that while rhe matter stood thus, the GHMC authorities withour following due process of law started irterf-ering with the possession of the petitioners on 14.10.2025 and directe<l the petitioners to stop work in the subject property. The petitioners infirmed the GHMC officials that thel' are protecring the subject property from the illegal encroachments, h.wever, the GHMC oflcials threatenr d the petitioners that action will bc taken against rhem and they will be. evicted from the subject property. Hence, the petitioners are constrained to approach this Court. j )

2. Heard Mr. Moin Ahmed Quadri, leamed counsel ior the wP 3r460u;I* petitioners, and Mr. R. Venkatesh, leamed Standing Counsel for GHMC - respondent Nos.2 to 4, and perused the material on record

3. In W.P. No.6859 of 1994 filed by Mr. Lateef Yar Khan, G.P.A. Holder of the petitioners herein, it was held by this Court by the order dated

17.08.2000 that Mr. Lateef Yar Khan was in possession of the subject property and a direction was given to the police not to interfere with his I t possession over the subject property. In W.P. No.5510 of 2012 fited by the petitioners herein through their G.P.A. Holder Mr. Lateef Yar Khan, order I dated 09.02.2012 was passed by this Court directing the GHMC oflficials to receive buitding apptication of the petitioners in respect of the subject property and process the same without insisting NOC from the revenue officials. The orders in the abovc two writ petitions prima facie show that the petitioners are in possession of the subject property.

4. In view ol the above, the writ petition is allowed directing the respondents not to interfere with the possession of the petitioners over the subject property bearing Municipat No.16-5-398/E comprising of a small room and attached vacant land in T.S. No.1l2l2 (correlated to Survey Nos. 105/Part and 106/l) admeasuring 975 square meters each, situated at '1 ! I BvRJ \yP Jl,r60 2025 Farhat Nagar, Dabeelpura, Hyderabadwithout followinl. due process of law. However, this order shall not be construed as ,l{prcssion of any opinion regarding title and possession of the petitioners in respect of the subject property. No order as to costs. As a sequel thereto, miscellaneous applications, i:'any, pending in the writ petition stand closed. sD/- C.DEEp;KA A\srsrnr.rr REGISTRAR //TRUE COPY// 15ECTION OFFICER To 1 2 3 4 6 The Princioal Secretary, Municipal Administration and - rban Development Deoartment. Secretariit, Hyderabad, State of Telanga I t' in-E rtri,"iC,ri"t co.mistion'er, Greater Hyderabad Munr;ipal corporation' Havino offiie at Tankbund Road. Hyderabad. i;;'D'd;ii C;rnii.ionet. Greatei Hyderabad lvlunrc J al Corporation' Circle- 6. Malakoet. Hvderabad ih;;;;l!i;i i 6itv pra*"r, Greater Hvderabad lvlunicitr al corporation' circle- 6, Malakpet, Hyderabad. o". Ct'i" iwo CC GP FoR MCPL ADMN & URBAN DEV' High ( ourt For lhe state uI Telangana, At Hyderabad [OUT] Two CD Copies tttoHD tilolN AHN,4ED ouADRl, Advo'; rte [oPUC] -dni 7 PSK, PSK,% HIGH COURT DATED:1 511012025 CC TODAY ' ORDER WP.No.31460 of 2025 oi: r . l ( s \, * ALLOWING THE WRIT PETITION WITHOUT COSTS