High Court · 2025

,...RESPONDENTS Petition under Article 226 ot lhe constitution of lndia praying that in the circumstances stated in the affitrivit fifed therewith, the High Court may be pleased to issue a Writ, Order or 6irection more particularly one in the Nature of MANDAMUS or any other approprlate writ declaring the action of respondents more particularly respondents 2 to 5 in trying dispossesqldemolish house of the petitioner in Agricultural land in sy.No.328 an extent of Ac.0.08 gts situated at Bhulkapur Village, Shakarpally iMandal, Rangareddy District which was in possession of the petitioner since 2005 withou-t following due procedure of law is illegal, arbitrary and contrary to law, and violative of the principles of natural justice, fair play, and the fundane0El rights guaranteed under Articles '14, 21, and 300-A of the Constitution of{ndia, and consequently direct the respondents No. 2 to 5 not interfere with the peaceful possession and enjoyment of the land of i i the petitioner land and structures in Sy.No.328 an extent of Ac.0.0B gts situated at Bhulkapur Village, Shakarpally Mandal, Rangareddy District without following due process of law ..'t;1. 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 direct the respondent No. 3 to 5 not to .interfere with the peaceful possession and enjoyment of the petitioner's land and property house bearing no. 6-1 by in the land in Sy.No.32B an extent of:iXt.OOA gts Situated at Bhulkapur Village, Shakarpally Mandal, Rangaredy Dlstrict without following due process of taw pending disposal of the above writ petition. Counsel for the Petitioner: SRl. RAJA SREEPATHI RAo, SENIoR couNsEL REPRESENTING FOR Sil RAMULU PASUPULA, ADVOCATE Counsel for the Respondents: SRI L. RAVINDER, :- AGP APPEARING ON BEHALF OF GP FOR REVENUE SRI K. MURALIDHAR REDDY The Court made the following: ORDER , I t: I' :'i : tI $ ;1 ORDER: THE HON'BLE SRI JUSTICE E.V.VENUGOPAL The present writ petition is filed by the petitioner under Article 226 of the Constitution of India for the following relief : o... seeking issuance of a writ, order or direction more particularly one in the nature of Mandamus or any other appropriate writ declaring the action of respondents more particularly respondents 2 to 5 in trying to dispossess/demolish house of the petitioner in agricultural land in Sy.No.328 an extent of Ac.O.O8 gts., situated at Bhulkapur Village, Shankarpally Mandal, Rangareddy District which was in possession of the petitioner since 2005 without following due procedure of law is lllegal, arbitrary and contrary to law, and violative of the principles of natural justice, fair play, and the fundamental rights guaranteed under Articles 14,21, and 3OO-A of the Constitution of India, and consequently direct the respondents No.2 to 5 not to interfere with the peaceful possession and enjoyment of the land of the petitioner and structures in Sy.No.328 an extent of Ac.O.08 gts situated at Bhulkapur Village, Shakarpally Mandal, Ranghreddy District without following due process of law...."

2. Heard Sri Raja Sreepathi Rao, learned senior counsel appearing for learned counsel for petitioner Sri Ramdlu Pasupula and Sri L.Ravinder, learned Assistant Goverirment Pleader appearing on behatf of learned Government Pleader for Revenue Sri K.Muralidhar Reddy ' ;t ^)

3. The learnbd counsel for the petitioner submits that the petitioner is the absolute owner and possessor of various extents of agricultural lands in Bhulkapur Village, Shankarpally Mandal, Ranga Reddy District, purchased under registered sale deeds be--aring Page 2 of6 document Nos.2834 of 2005, 7616 of 2006 and 7617 of 2006, standing in the name of "Rama Raju Aqua Farms." The petitioner's name was duly mutated in the revenue records vide Proceedings Nos. B/1346/2005 dated 3O.O5.2OO5 and Bl1958/2006 dated 16.11.2006 and the same is reflected in the revenue records and on the Bhubharathi Portal. (a) It is submitted that Sy.No.328, to an extent of Ac.0.0g guntas, situated on the north-eastern side of the petitioner's lands, has in times gone by been used as an access pathway by the petitioner,s vendors, who also dug a bore well therein. After purchase, the petitioner constructed a small house, bearing Munir:ipal No.6-1, used for storage of agricultural material. The petitioner has been regularly paying property tax and electricity charges. (b) The petitioner and his vendors have been il, u.rinterrupted, peaceful physical possession and cultivation of the subject lands, including Sy.No.328, for the past 40 years. Mango tret:s are standing in Sy.No.328 and the petitioner asserts absolute pos$essory rights over the entire extent. (c) on 25-07 -2025, the Mandal Surveyor, Shankerpally, issued a notice without a file number, based on an apprication filed by certain Bhulkapur vill:rgers seeking a survey of lands in sy.Nos.lzl, LZ2, lr3, --'2 Page 3 of6 174 and 328, proposing to conduct the survey on 26-or.2o2s. T]ne petitioner filed objections to the same, however, respondent No.5 conducted the survey without furnishing any report. (d) It is submitted that on o1 .Lr.2o2s, respondents Nos.3 to 5, without issuing any prior notice and despite the pendency of the petitioner's application dated L5.o9.2o25 for regularization (filed without admitting encroachment), attempted to demolish the petitioner's structure in Sy.No.328 and remove the bore well, alleging encroachment of Government Gairan land. Their attempt was resisted with the intervention o[ local elders, but the respondents threatened to return with police force. (e) The petitioner contends that he is in continuous and peaceful possession of Sy.No.328 and that any action for dispossession or demolition must strictly conform to due process. Sr15nmary action, as attempted by the respondents, is illegal, arbitrary, violative of Articles 1,4,21, and 3O0-A of the Constitution and constitutes a gross abuse of authority. The petitioner is being subjected to harassment, mental distress and imminent threat of illegal dispossessiofr. (0 In these circumstances and there being no efficacious alternative remedy, the petitioner is constrained to invoke tlr" Page 4 of6 jurisdiction of this Honble Court under Article 226 of the Constitution of India.

4. The learned Assistant Government Pleader for Revenue, on instructions, submits that the as per the verifiecl village revenue records, the entire land in Sy.No.328, admeasuring Ac.7l-29 gts., is classilied as Government land and has been assignecl to landless poor persons under the Land Assignment Act. Absolute title and rights vest with the Government. The subject land stands duly notified as "Prabhutva Bhumi / Government Land" in the 22-A Register and in the POB list on the IGRS platform. The petitioner's claim of using Ac.O-08 gts., in Sy.No.328 for ingress and egress to his private lands in Sy.Nos.17l, L72, L73, 176, 177,183, etc., is unfounded. The petitioner is attempting to raise a house in Government land and the authorities have lawfully restrained such unauthorized activity.;The land claimed by the petitioner is Government land, to which he has no right, title or interest. The village map clearly shows no cart track or access road through Sy.No.328. The field staff has acted strictly in accordance with law to prevent illegal encroachment. The learned Assistant Government Pleader further submits that, if the petitioner is for-rnd to be in illegal occupation of Government land and any action is required to be taken, the respondent authorities will proceed strictly in accordance with law. .,,2, Page 5 of6

5. Having considered the submissions and the record and without commenting on the parties' competing claims over land in Sy.No.328, Bhulkapur Village, it is noted that the petitioner asserts \ long, peaceful possession and alleges impending eviction without \ :'.-' . ',:,;': .:::.., notice, while the respondents claim the land as Government property " :.-:'.,.\',;r'1.. . . ,. ' .rr,i':i..i;.assigned to landless poor persons. In terms of Articles 14, 2I and 3O0- A of the Constitution, no person in settled possession may be dispossessed or subjected to demolition except through due process. Any action without prior notice, hearing and compliance with statutory procedure is impermissible. Accordingly, after verification of revenue records and a fair enquiry, if the petitioner is found to be in occupation of Government land, the respondents shall act strictly in accordance with law including issuance of statutory notice and providing opportunit5r being heard to all the effected parties and passing a reasoned order before taking any eviction or demglition steps. The respondents shall not take any coercive. or precipitate action against *. petitiondr without strict adherence to due process. The respondents are directed to protect the subject land, which, as per the submissions of the learned Assistant Government&ieader, is claimed to be the government land, by conducting survey.

6. With the above observations, the present writ petition is disposed of. There shall be no order as to the costs. , Page 6 of6 6-t'

7. Interlocutory applications, if any pending, shall also stand closed To //TRUE COPY// sd/- A. ENIVASA REDDY REG \ i i I OFFICER

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6. 7. B. J!'," lrilqi gql s.9cr9tary ( Revenue) secretariat Buitd ;ngi1 F{yuera bad. The District Collector, Ranga Reddy District. The Revenue Divisional officer, ch-evella Division, Ranga Reddy District. The Tahsildar, Shankarpally [Vlandal, Ranga Reddy Dist-rict. The Mandal Surveyor, oio The Tahsii-dar, shinkarpally Mandal, Ranga Reddy District. One CC to SRI RAMULU PASUPULA, Advocate IOPUC] Two ccs to GP for. REVENUE, High court foi the Siate of relangana at Hyderabad [OUT] Two CD Copies w BM MP t HIGH COURT DATED:1111112025 ORDER WP.No.33569 of 2025 n , DISPOSING OF THE WRIT PETITION WITHOUT COSTS t\ ,da 5-="