✦ High Court of India · 30 Oct 2025

The High Court · 2025

Case Details High Court of India · 30 Oct 2025
Court
High Court of India
Decided
30 Oct 2025
Length
1,929 words

B. Mr. Gundla Nagaraju, Gundla Mutyalu, Aged- 29 years, Occ- Employee, FV o. H.No. 12-64, Radha Colony, Near Sai Baba Peezadi Guda, Bibi Saheb liac-a, tt/edipally, Medchal-tt/alkajgiri Private Tem ple,

9. Mrs. Gundla Naveena, D/o. Late. Gundla Mutyalu, W/o. Mallikariun, Aged- 30 years, Occ- House Wife, Rl/o. H.No.2-7-98, Bharath Nagar, Back side Majid, Uppal Village, Uppal Mandal, Ranga Reddy District - 500 039.

10.Mr. Soma Shiva Shankar, S/o. Mallaiah and Late Yadamma, Aged- 30 years, Occ- Private Employee, Rl/o. H.No. 4-245, Hanmapur Village, Bhuvanagiri Mandal, Yadadri-Bhuvanagir District - 500 008 'l 1. Mrs. Motte Navya (Alias Soma Babhitha), D/o. Mallaiah and Late Yadamma, Aged- 31 years, Occ- House Wife, Rl/o. H.No. 12-64, Radha Krishna Colony, Near Sai Baba Temple, Peerzadi Guda, Bibi Saheb Maqta, Medipally, Medchal-Malkajgiri Diskict - 500 098.

12. [r1r. Gunde Chandhar, S/o. Late. Gunde Jangaiah, Aged- 49 years, Occ- Pri'rate Employcc, R1o. H.No. 7-98/1 , Bharath Nagar, Back side l\rlajid, Uppal Village, Uppal I\,4andal. Ranga Reddy District - 500 039.

13. Mrs. Gunde Alrvelu, W/o. Gunde Chandhar, Aged- 40 years, Occ- Private Employee. R/o H.No 7-98/1 , Bharath Nagar, Back side Maiid, Uppal Vittage, UpDal I\,4anrla. Rang,r Reddy District - 500 039.

14.1\4r Sonra i\l:rmatir D/o. Gunde Chandhar. W/o. lt/r. Soma Shiva Shankar,Agi:t1 27 yt2,11s, Occ- House Wife, R/o. H.No. 4-245, Hanmapur Village, Bhuvanagiri iJandal, Yadadri-Bhuvanagir District - 500 008.

15. Mrs Koude ltlalath D/o. Gunde Chandhar, Wio. Mr. Koude Venkatesh. Agr:d 25 yr::rrs, Ocr:- House Wrfe, R/o. H.No. 2-7-98, Bharath Nagar, Back srdr; l,"4ajid lJppal Village, Uppal lVlandal, Ranga Reddy District 4- 500 039. 16.1\4iss. Gund,: Swathr D/o. Gunde Chandhar, Aged- 15 years, Occ- Student, R/c H No 7 9B/1 , Bharath Nagar, Back side lr/ajid, Uppat Viilage, Uppat lVlandal, Ranga Redcly District - 500 039. Being minor represented by her father Guncle Ctrandhar.

17.1\.4r Gunde Varnshr. Si o Gunde Chandhar, Aged- 13 years, Occ- Student, R/o H.No 7 9B/1 , tlharath Nagar, Back side IVajid, Uppat Village, Uppat lt4andal, Ranga Reddy Drstrict - 500 039. Being minor represented by his fathe r Gunrli: Clrand har. .18.1\.4rs l\,4ote Padrna, Dio Late Gundla Jangaiah, W/o. lVlr. [\,4ote Venkatesham, Aged 39 years, Occ- House Wife, R/o. Fakeer Guda, Ivledipally Village, l\4edipally iVlancial, Nalgonda District - 508 1 16. '19. t\,4 rs tr,4ote N,4oLrnika, D/o. firlote Venkatesham and lvlote Padma, W/o. I\4r. Prabhakar Agocl- 23 ycars, Occ- House Wife, R/o. Fakeer Guda, Ir/edipally Village, I\/edipally lr,4andal, Nalgonda Distrrct - 508 116. 2O. fi,4r. lVote Karthik, S/c A,4ote Venkatesham and lt/ote Padma, Aged- 23 years, Occ- Student, R/o. Fakeer Guda, Medipally Village, Medipally Mandal, Nalglonda Drstrir;t - 508 1 16. Rep. by their GPA l-lolder, [V]r. Razwan Shaik S/o. Shaik lr,4oulana Shareef, Agcd about 43 years. Occ- Business, Rt/o. Flat No. 204, H.No_ 10-2-37, Nest Dolphin Apartment, Bazar Ghat, Hyderabad - 500057. AND

1. State of Telanganrr Rep. by its Principal Dr.B. R.Ambedkar Se:retarait, Hyderabad 2. The District Collector Ranga Reddy District 3. The Revenuc Divis onal Officer, lbrahimpatnam District- ...PETITIONERS Secretary for Revenue, Division, Ranga Reddy

4. The Tahsildar, Abdullapurmet l\,4andal, Ranga Reddy District. 5. The Station House Officer, Vanasthalipuram Police Station, Rachakonda Commissionerate, Ranga Reddy District.

6. Smt.Teegala Soumya, W/o T.Sridhar Reddy, Aged aboul 47 years, oce- Household, fuo H.No 9-63, New Dilsukhnagar Colony, Hyderabad.

7. Siliveru Yadagiri, S/o S tr/alliah, Age- 41 Years, Occ- Business FUo Plot No 3- 183, Sarvelu Vi age, Narayanapuram lvlandal, Yadadri Bhuvanagiri District, 508 253 B Ambotu Shankar, S/o Bhanu Naik, Aged about 33 years, Occ- Private employee, R/o Plot No.83, Sivaji Nagar, Kammaguda, Turkayamjal Village, Abdullapurmet [t4andal, Ranga Reddy District.

9. Smt.C. Revathamma, Wio Ragi Krishna Reddy, Age- 47 Years, Occ- Housewife R/o H. No. 5-168/5D, Chandra Nagar, Chintal, Qutbullapur, Ranga Reddv District' 500 055 ...RES'.NDENTS 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 in action of the respondents 3 to 5 in not implementing their own orders U/s '1 64 BNSS vide proceedings No.Bi 74012025, dl.g-4-2o25 is illegal, arbitrary, unjust and violation of the Article 21 and 300-A of the Constitution of India and consequently direct the respondents 3 to 5 to implement the orders U/s '164 BNSS vide proceedings No.Bl7 4012025, dt 9-4- 2025. lA NO: 1 OF 2025 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 3 to 5 to take necessary action against unofficial respondents 6 io g and others for the violation of the orders of the 3'0 respondent U/s 164 BNSS vide proceedings No.Bl740l2O25, dl.9-4-2025 pending disposal of the above writ petition. Counsel for the Petitioners: SRI G. B. S. S. PAPA RAO Counsel forthe Respondents No.1 to 4: SRI L. RAVINDER' AGP FOR REVENUE Counsel forthe Respondent No.5: GP FOR HOME Counsel for the Respondents No.6 to 9: - The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.3279L of 2025 ORDER: Aggrieved by the inaction of respondent Nos.3 to 5 in not implementing their os'n orders under Section 164 of BNSS ulde proceedings No.Ll/740 12025, dated 09.O4.2025, the present wnt petition is filed. A conscquential praycr is sought to implement the said orders.

2. Heard learned c:otrnsel for the pbtitioners and Mr. L.Ravinder, Learned Assistant Gor.ernment Pleader lor Revenue appearing for respondent Nos. L to 4.

3. Learned counser: for the petitioners submitted that due to the rival contentions arld claims over the subject property and since the law arld order problem has arisen, by exercising the powers vested upon t1-re olficial respondent No.3 under Section 164 BNSS, thereby prornulgated Section I64 BNSS, the official respondent No.3 is constrained to pass tire proceedings on 09.O4.2025 ulde proceedings No. B l7 aO / 2025 restraining a1l the parties to enter into the subject lands and create lau' and order problem ti1l further orders in the matter. Accordingly, the officral respondent No.3 had directed the ?atrsildar, Adbullaprusmet Mandal - respondent No.4 to take over vacart possession of the subject lands under cover of panchanama 2 arrd keep the said lands under his safe custody. The respondent No.4 is further directed not to a1low any encroachments over the subject - lands until further orders. lt is further submitted that while the said order passed on 09 .O4.2025 is subsisting, the unofficial respondents are encroaching into the subject land property undertaking certain constructions over the property, r,r,hich action has not been stopped by official respondent No.4 despite the directions issued by respondent No.3 uide order dated 09.O4.2025, which would ultimateli effect the right of the petitioners, in u'hose favor, the civil proceedings have been decreed and tr.P. proceedings are pending. It is further submitted that the petitioners are allocated the subject lands on the orders passed by the learned I Additional Senior Civil Judge, Rangareddy District at L.B.Nagar in I.A.No.445 ol 2O1O in O.S.No.36 1 of 1984 on 09.O9.2024 It is further submitted that the petitioners have been put III possession of the suit schedule property by the said Court. Despite the fact that the petitioners are being restrained by the unofficial respondents, no action has been taken by official respondent No.4 in compliar-rce to the orders passed by respondent No.3. Aggrieved thereby, the petitioners are constrained to file this writ petition seeking appropriate directions to respondent Nos.3 and 4 to strictly implement the orders passed by respondent No.3 on 09.04.2025 utde proceedings l{o.B I 7 40 / 2025.

4. Learned Assistzint Government Pleader for Revenue submitted the petrtioners ought to have filed necessary applications before olficial responrlcnt Nos.3, zrn<l 4 and i:-r the absence of filing such applications belore Llte conr:ci'ned arLthoritres, rushtng to this Court by filing writ petition seekins appropriate directrons at a premature stage, is complcrcll, mrsconceivcd zrnd seeks to pass appropriate orders.

5. This Court having heard learned counsel for the petitioners ald learnecl Assistarrt (lover-nment Pleader for Revenue, deems it appropriate trr grant libcrty to the petitioners to make appropriate applicarions before respondent Nos.3 and 4. Upon filing the same, the responclcnts Nos.3 and 4 are directed to enquire into the matter by issuing appropriate notices ro a1l other concerned i.e. unofficial respondent Nos.6 to 9 and respondent No.5 ald after granting sllfficiellL opportunitl, of ltearing to all the parties, pass appropriate orders in complianc(' ro the order passed by respondent No.3 on

09.O4.2025 in proceerlings No.B I 7 1O / 2025.

6. With the liberty granted to the pctitioner as stated supra and on the directions issued to the respondent Nos.3 arrd 4, this writ petition is disposed of u,ith consent of learned counsel for the petitioner and learned Assistant Government Pleader for Revenue, at the admission stage itself ald since thc notice to the unofficial respondents has been 4 ordered, the notice to the unofficial respondents 6 to 9 is hereby dispensed rvith. As a sequel thereto, miscellaneous applications, if any pending, in this petition, shall stand closed. //TRUE COPY' To 1 The Pnncipal Secretary for Revenue State of T Secretarait, HYderabad

2. The District Collector, Ranga Reddy District' 3. The Revenue Divisional Officer' lbrahimpatnam SD/. L. VIJAYA ISTAN TRE RAR SECTI ON OFFICER ng na , Dr.B.R.Ambedkar Division, Ranga ReddY District. The Tahsildar' Abdullapurmet Mandal' Ranga Reddy District' The Station House oftrcer, Vanasthalipuram PoIice Station, Rachakonda coirr."iion"rrte, Ranga Reddy District' One CC to SRI G. B. S S PAPA RAO' Advocate [OPUC] Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] High Court for the State of Telangana at Two CCs to GP for Home, Hyderabad. [OUT] 4 5 6 7 B I Two CD CoPies MP BSR HIGH COURT DATED:3011012025 t'-"- o C) ( * lHE ST4;' 18 }tAn xIs * PATCHrA ai, .t ORDER WP.No.32791 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS -tc" \} kr"

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