The High Court · 2025

petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue appropriate Writ, Order or Directi on more particularly one in the nature of writ of Mandamus, decraring inaction of the Respondents .r to 6 in considering and disposing our representation dated 1st7l2o22as iregal, arbitrary, and against provisions of the law, and violation of Articles 14, 1g, 3OO_A of the constitution and consequenry direct the respondents (1) to cancer the entries made in Dharani poral ir 1 7 7, 1 7 4 t B, 1 7 s, 1 s2, ,};;;:",";:H:: ::T 1',;: H :':: ; ll! illii^ 20218,203 and 17\lp of c, a ss iried a s A g r cu,t u ra, :11 ff#i:: 5Ti:::T":"i,::'.y*fl prots and HMDA issued LRS proceedings, (2) to cancer the E-pas books issued to ",J.lI,,: the Land horders as they arready dispose their rands rong back in favour of Happy Homes constructions Pvt. Ltd., (3) to give directions to the survey authorities to demarcate and fix up the boundaries of lands purchased by Happy Homes Constructions pvt. Ltd, (Nature_2), (4) to demarcate and clear the road of encroachments which gives access road to the venture. (Prayer amended as per Gourt Order dt: 24tXgl2lJ2|in lA.No.2/2023) IA NO: 10F2022 Petition under section 151 Cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondents to consider and dispose of the representation dated 1sr7rzo22 of the petitioner in due process of taw, pending disposat th" ;;",;;; ,';;r;:::. "f IA NO :1OF 2023 petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to pass appropriate orders directing the respondents to not to entertain any transactions in respect of the subject lands i.e., rands bearing Sy.Nos. 172tc, 174tA, 175rA, ,r77, 174t8, 179, 192, 175t'., 1go,204tD, 1g4, 1s5, rnu, .,nurr, 1g5tA,202tA,2o2t', 203 & 178tP of Ravalkole (v) of Medchat (M), Medchal-Matkajgiri District, pending disposal of the main writ petition. -I Counsel for the Petitioners: SRI SURESH PODDAR Counsel for the Respondent Nos.1 TO 6: AGP FOR REVENUE Counsel for the Respondent Nos.7 TO 15: SRI SRIDHAR LONKALA The Court made the following: ORDER ? THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT-PETITION No.43462 of 2022 ORDER This Writ Petition, under Article 226 of the constitution of India, is Iiled seeking the folrowing relief: "....to issue appropriate Writ Order or Direction more partianlarly one in tLe nature of Writ of Mandamus declaring inaction of Respondents 1 to 6 in consideing and disposing our representation dated 15/7/2022 as iltegal arbitrary and against prouisions of the law and. uiolation of Articles 14, 79, 3OOA of the Constitution and consequentlg direct t?E respondents (l)to cancel tlw entries made in Dharani poral in respect of lands bearing Sy.iVos. 172/C, 174/A, 175/A, 177, 174/8, 779, 792, 175/8, 1gO, 2O4/D, 194, 195, 796, 196/P, 195/A, 202/A, 202/8, 2O3 and 178/p Dist'ict classifted as Agiculhtral lands illegallg as the land were already conuerted. into plots and HMDA issued LRS proceedings (2) to cancel tLe E-Pass books issued to tle Land holders as they already di.spose tleir lands long back in fauour of Happy Homes Constructions Put Ltd (3) to giue directions to the surueA auttrcrities to demarcate and fix up the boundaries of land.s purchased bg Happy Homes Constructions Put Ltd (Nature2) (4) to demarcate and clear tte road. of encroachments which giues access road to the uenhtre and to pass..."

2. Heard learned counsel appearing for the petitioners, llarned counsel app \ earing for respondent Nos.7 to 15 and \ \ learned Assistant Government Pleader for Revenue, appearing for respondent Nos.1 to 6 and perused the record.

3. Learned counsel appearing for the petitioners would submit that M/s. Happy Homes Construction hrt. Ltd, has purchased agricultural lands in Sy.Nos. L72 / C, 17 4 I A, L75lA, 177, L74/8, L79, 192, 175/8, 190,2O41D, 194, 195, L96, L96/P, 195/A,2O2lA,2O2lB,2O3 and 178/P of Ravalkole village, Medchal Mandal, Medchal-Malkajgiri District and made into plots after taking approval from concerned Gram Panchayat. Though the lands purchased through registered sale deeds, the Iirm's name was not mutated in the revenue records, but after taking layout permission from Gram panchayat, the lands were made into plots and disposed to various individuals. Since the firm has not done the mutation, the names of original pattedars were recorded as owners/pattedars in the revenue records as agricultural lands. The developer of M/s. Happy Homes Construction Pvt. Ltd, abandoned the venture without completing the mandatory and obligatory commitments to the plot owners in the year 2008 I Page 3 of6

4. Learned counsel further submitted t.I:at taking the advantage of entries in the Dharani Portal, the original land owners removed the boundaqr stones of the plots, compound wall and other infrastructures and also obstructing the genuine purchasers of the plots. The original pattedars also claiming "Rythu Bandu" amount as the classification of land was recorded as "Agriculture" even though the subject lands were'already made into plots long back and purchased by our welfare association members through registered sale deeds from 2002 onwards. Some of our members got land layout regularization proceedings from the HMDA duly paylng LRS amount including conversion amount from agricultural to non-agricultural land. The ptot owners under banner of "Happy Homes Plots Owners Welfare Association" have made several representations to the revenue authorities. Despite receiving the same, the respondent- authorities have not acted upon it. Hence, the present writ petition.

5. Learned counsel appearing for respondent Nos.7 to 15 would submit that they are the absolute owners and I I \ I I I Page 4 of6 possessor of agricultural land in Sy.Nos.172/C, L74lA, l75lL, L77, L74lB, 179, 192, l75lB, l9o' 2o4lD, t94, Lgs, 196, 196/P, 195/A, 2021A,2021E,203 and l78lP, situated at Ravalkole village, Medchat Mandal' Medchal- Malkajgiri District. They have executed some registered sale deeds independently in favour of M/s. Happy Homes Construction Pvt. Ltd without receiving the sale consideration and without delivering the possession' Although the registered sale deeds shows the consideration having been paid and also shows the possession having been delivered to the vendee, but in fact only the registered sale deeds have been executed, consideration not received and that possession is not delivered. The registered sale deeds have not been acted upon, no further follow up action has taken place such as mutation of the purchaser name in the revenue records. The purchasers has not approached respondent Nos.7 to 15 and not paid the sale consideration. Though the registered sale deed having been executed by respondent Nos.7 to 15, the possession is with respondent Nos.7 to 15 onty, under those sale deeds the petitioners had played fraud. q Page 5 of6 6- Learned counsel further submitted that if the petitioners have any right or title over the subject propert5r, they c€rn approach the competent civil court by filing a civil Suit and the civil court alone is having jurisdiction to decide the matter, without approaching the civil court, filing the present writ petition is misconceived. Hence, seeks to dismiss the present writ petition.

7. Learned Assistant Government pleader for Revenue, appearing for respondent Nos.l to 6 would submit that the petitioners made representation long back and hence seeks to direct the petitioners to make a fresh representation to the respondent-authorities. Upon receiving the sarne, the respondent-authorities will consider and pass appropriate orders in accorda.nce with law. I \

8. In view of the aforesaid discussion, this writ petition is disposed of granting liberty to the petitioners to submit a detailed representation to the respondent-authorities along with all relevant documents in respect of the aforesaid propert5l. On submitting such representation, the t I respondent-authorities shall consider the sarne, and pass \ \ Page 6 of6 appropriate orders strictly in accordance with law, by putting the petitioners, respondent Nos.7 to 15 and all affected parties on notice and affording them an opportunity of hearing. If, respondent-authorities are not inclined to accept the request made by the petitioners, they shall assign specific reasons, pass a reasoned order, communicate a copy of the said order to the petitioners and complete the said exercise within a period of eight (08) weeks from the date of submission of the representation. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending, shall stand closed. SDi-F.C. SULEKHA DEVI ASSISTANT REGISTRAR G SECTION OFFICER ,/TRUE COPY// To "i Telanqana, HYderabad' Hvdeiabad, Telangana State' Lund Records' Government of itila nd Admi n istration, Government of Telansana' 1 . Prinaiorl Secretary to Government' Revenue Department' Secretariat' '' ,. T#"ihi"f id,i"iila"f, - N;milil\l Hyderabad' Telangana State' 3- The Director, survevi'se"tiEtXJnii "itti a iili'o,ttirci c6rrector, ivreochat-Malkajgiri District relanoana state. 5. The Revenue oivisionaj"d'#rcEi,' keljil"r.a oiuision' Kees-ara' Medchal- .+Hqlt'ltniTf; fu13'lX?ffii'iqffi d.char-Marka jsiri.Dishict' i. oiZ btiiiSit'SuCEsn poorjnn, Advocalg [oPUCI 8. Two ccs to Gp ronfiLve"r.r-uE,'iiidh-6rn foi the siate of Telansana, at s. b'";"cdi;'sHr siiroHnn LoNKALA, Advocate toPucl 10.Two CD CoPies Hvderabad. [OUTI iz" *fi I i .,i HIGH GOURT DATED i2410912025 ORDER WP.No.43462 of 2022 t.) ( * tHE s 14 22 DEr M o,:- 1l 1,.,:1-i.if_ c r ,i. (' 21 DISPOSING OF THE WRIT PETITION WITHOUT COSTS