High Court · 2025

Petition under iArticle 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 mc re particularly one in the nature of writ of l\,4andamus to dectare the action of the respondents in evicting the petition6rs from their peaceful possession a nd en.ioyment of the house sites situated in Sy. No. 186/1 , B.C. Colony, Kc mpally, Bhupalapally Village, Bhupalapally (lM), Warangal District, now under Jayashankar Bhupalapally District and further demolishing the houses with JCB under the colourable exercise of power is onerous, illegal, arbitrary, rnalafide and violation of Principle of natural justice opposed to all cannons and violation of fundamental rights guaranteed under Constitution of lndia vide Article 1,1, 16 and 300A of the Constitution of lndia and consequently direct the respo'rdents to follow due process of law. l.A. NO: 1 OF 2017(WPMP. NO: 17758 OF 20171 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cottrt may be pleased to direct the Respondents not to interfere in their peaceful possession and enjoyment of the house sites in BC Colony Sy. No.186/1 of Kompally Village, Bhupalpally [t4andal, Warangal District and now under Jayashanker Buphalapally District. Counsel for the Petit oners: SRI M.ROOPENDEF Counsel for the Res Ip ondent No.1 to 5: GP FOR REVENUE Counsel for the Res PANCHAYAT I /ondent No.6: SRI P.KISHORE RAO, SC FOR GRAM The Court made the following: ORDER ,1. i THE HONOURABLE SRT JUSTICE K.SARATH WRIT PETITION No.1434L of 2OL7 ORDER: This writ petition is fi1ed under Article 226 of Constitution of India for thc following reiief: "...to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondents in evicting the petitioners from their peaceful possession and enjoyment of the house sites situated in Sy.No.186/1, B.C.Colony, Kompally, Bhupalapally Village, Bhupalapally (M), Warangal District now under Jayashankar Bhupalapally District and further demolishing the houses with JCB under the colourable exercise of power is onerous, illegal, arbitrary, malafide and violation of Principle of natural justice opposed to all cannons and violation of fundamental rights guaranteed under Constitution of lndia vide Article 14, 16 and JooA of the Constitution of lndia and consequently direct the respondents to follow due process of law ... ,,

2. Heard Learned Counsel appearing for the petitioners and learned Assistalt Government Pleader for Revenue appearing for the respondents and perused the entire material on record 1^ Y Learned Counsel for the petitioners further submits that while admitting, this Court have granted interim order on I I 1 l I 2 i' 2A.O4.2O17 granting status quo obtaining as )n that day shail be maintained' in respect of the subject properties' however' the order on 2O.O4.2O17 will not preclude the authorities from taking action by following due process of law In spite of lapse of more ttran 7 years, the respondents did not choose to liie any counter or vacate petition in this matter for denying the averments made in the writ alhdavit ald requested to direct the respond.ents not to interfere with the prssession of the petitioners' subject properties without following due process of law. Learned counsel for the petitioners fuI'ther submits that 4. in view of the interim orders passed by this Court on 2O.O4.2O|7, the petitioners are in possession as on this date in respect of the suit schedule property and req-rested to allow the writ petition by directing the respondent authorities not to interfere with the possession of the subjec- properties of the petitioners without foliowing due process of hw' / / )

5. Learned Assistalt Government pleader for Revenue submits that the respondent authorities wilt follow due procedure in accordance with law while interfering with the possession of the petitioner in suit schedrrle propert5r.

6. In view of the submissions made by the learned counsels on the both sides, the writ petition is disposed of, directing the respondent-authorities not to interfere with the possession of the petitioners from the subject properties. If the respondents warlt to acquire the land of the petitioners, they have to follow the procedure contemplated under t1-e Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

7. Miscellaneous petitions pending, if any, shal stand closed. There shall be no order as to costs. //TRUE COPY// SD/-V.KAVITHA ASSTSTANT REGISTRAR secl$(%rrrcen To, 1 . The Secretary, Revenue Department' Secretariat' Hyderabad - 500 022' 2. The Collector, Jayashankar Bhupalapally District' Erstwhile Warangal District' T.S.

3.TheJoint-Collectol.,JayashankarBhupallyDistrict,ErstwhileWarangal District, T.S. 4TheRevenueDivisionaloff]celJayashankarBhupalapally,Bhupalapally - oi."tri"i]ei.t*rtite wr,,ng'l District T S' 5 The Tahsildar, Jayashankar ^Bhupalapally " irltwnG Warangal-District T'S' Mandal' Bhupalapally District' J

6. The Commissioner, Nagara Panchayat, Bhupalapally €hu.palapally Jayashankar Bhupalapally District, Erstwhile WaranEal ljrstrlct l 5' [Vlandal'

7. One CC to SRI IV.ROOPENDER Advocate TOPUCI 8. One CC to SRI P.KISHORE RAO, SC FOR GRATV PAI'ICHAYAT [OPUC] 9. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT] ,/

10.Two CD CoPies o KKS GJ HIGH COURT DATE D: 1 910212025 ORDER WP.No.14341 of 2017 { 1 0 Si:P [6 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS u