The High Court · 2025

Petition under Article 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 a Writ Order or Direction more Particularly in the Nature of MANDAMUS Declaring the high handed action on the part of respondents 3 to 5 and their subordinates in interfering with the possession, trying to dispossess, preventing from taking up cleaning works in the name of Government Land for the premisesbearing wtunicipat Door No 43-428t15, Plot No 15, situated at Rock Hill Colony, RTC Colony, Old Safilguda, Hanuman Nagar Mola Ali, Medchal lvlalkajgiri District located in Sy No 41511;-&2-admeasurinE-150 square yardsout'-- of total extent of Ac 3-26 gts without following the due process of Law as being lllegal, Arbitrary, Capricious, Malafide, not only violative of Principles of Natural Justice, but also Violative of Article 300 A of Constitution of lndia. ,rlt ; i i I j. ...n*i;.:.... i il$l_.&-r:i 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 please to grant lnterim dlrections directing the respondents 3 to 5 and their subordinates not to cause any interference over the petitioners premises bearing [Municipal Door No 43-428115, Plot No 15, situated at Rock Hill colony, nic colony, old Safilguda, Hanuman Nagar tVlola Ali, Medchal - tValkajgiri bistrict located in Sy No.415/'1, & 2 admeasuring 150 square yards out of totaiLxtent of Ac 3-26 gts Counsel for the Petitioner: SRI M. MEHDT HUSSATN counsel for the Respondent No.1 to 4: Ms. SNEHITHA, ASST. Gp FoR ASSTGNMENT Counsel for the Respondent No.S: Gp FOR HOME The Court made the following: ORDER THE HON'BLE SRI JUSTICE E.V.VENUGOPAL iIIIr.ffi PETITION No.34936 of 2o25 ORDER This Writ Petition, under Article 226 of the Constitution of lndia, is filed seeking the following relief: "...pleased fo issue a Writ Order or Direction more Particularlg in the Nature of MANDAMUS Declaing the high handed action on the part of respondents 3 to 5 and their subordinates in interfenng with the possession, trying to dispossess, preuenting from taking up cleaning uorks in the name of Gouernment Land for the premises beaing Municipal Door No.43-428/ 15, Plot No.75, situated at Rock Hill Colony, RTC Colony, Old Safilguda, Hanuman Nagar Mola Ali, Medchal - Malkajgiri District located in Sg.No.415/ 1 and 2 admeasuring 150 square yards out of total extent of Acs.3-26 gts uithout following the due process of Law as being lllegal, Arbitrary, Capicious, Malafi.de, not onlg uiolatiue of Principles of Natural Justice, but also Violatiue of Article 300 A of Constitution of India....'

2. Heard Sri M. Mehdi Hussain, learned counsel for the petitioner and Ms. Snehitha, learned Assistant Government Pleader for Assignment, for respondent Nos.l to 4 and perused the record.

3. Learned counsel appearing for the petitioner would submit that the petitioner herein is the absolute owner and Page 2 of5 possessor of house bearing No.43-428/15, Plot No.15 in Sy.No.4l5lL &, 2, admeasruing 15O sq.yards, situated at Rock Hill Colonv, RTC Colony, Old Safilguda Malkajgiri (now Medchal-Malkajgiri), having acquired the same through a registered Gift Deed bearing document No.l927 of 2019, dated 08.03.2019. Prior to the petitioner, her husband Sri D.Murali Krishna purchased the subejct property from its owner and pattedar Mir Qamar Hasan Razvi under absolute agreement of sale, in the year 2Ol3 on 2O.O9.2O13 and thereafter he got constructed a room, washroom made it in habitable condition which was assessed to Municipal Tax by allotting the door number. '4. When Municipal Authorities issued notice dated

19.O7 .2018 demanding assessment imposing tax, the petitioner paid Municipal Tax under receipts dated 3I.O2.2O19. The vendor Mir Qamar Hasan Razvi got the land to an extent of Acs.3.26 guntas in Sy.No.4lS/l and 2 from his ancestors and also got the land under Occupancy Certificate as such he is the owner and possessor of the said land who made into plots and the husband of the petitioner ) Page 3 of5 purchased ptot No.15 which is subject property. After examining all the documents the husband of the petitioner purchased, as such the land in question is not a part of government land as Mir Qamar Hasan Razvi also got the ceiling clearance. Against the ORC some private persons are claiming and an Appeal Case No.F1 /2385/2017 is pending before the learned Additional Collector interim order of stay is in force granted by the Additional Collector.

5. While the things stood, oD 2"'r week of October after' securing some amoLlnt, the petitioner with the help of her husband commenced cleaning works with an intention to get the permission from GHMC for making some more constructions as there is only one room existing in the subject land, on commencement of such cleaning works respondent Nos.3 and 4 and their subordinates with the help of respondent No.5 visited the subject land and prevented the petitioner form taking up cleaning works and also tried to dispossess on the ground that the land belongs to Government and is a Ceiling Land. In that connection that ceiling land is clear and authorities also issued ORC to the : Page 4 of5 vendor of the petitioner's husband as such treating the subject land as part of government land and causing interference with the possession is wholly unsustainable

6. When respondent No.4 tried .to "interfere with the subject property, the petitioner submitted a representation dated 16.10.2025 requesting not to interfere with the legal activities on the subject land. The high handed action of respondent Nos.3 to 5 in interfering and preventing the works is highly illegal and arbitrary. Hence, the present writ petition

7. Learned Assistant Government Pleader for Assignment would submit that the respondent-authorities will consider the case of the petitioner and pass appropriate orders in accordance with law

8. [n the light of the aforesaid facts and circumstances of the case and upon perusing the material available on record, this writ petition is disposed of, directing the respondent- authorities to consider the case of the petitioner and pass appropriate orders, strictly in accordance with law by putting Page 5 of5 the petitioner on notice and affording her an opportunity of hearing. The entire exercise shall be completed AS expeditiously as possible and as per the procedure laid down under law. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending, shall stand dismissed SD/.P. PONNA KRISHNA ASSISTANT REGISTRAR //TRUE COPY/ SECTION OFFICER To, 1 The Principal Secretary, Revenue Department, The State of Telangana,

2. 3. 4. 5. 6. 7.

8. 9. Secretariat, Hyderabad The District Collector, Medchal- fi/alkajgiri, District The Revenue Divisional Officer, lvlalkajgiri at t\4alkajgiri fhe Tahsildar, lvlalkajgiri Tahsil at Malkajgiri The Station House Officer, Malkajgiri Police Station At t\Ialkajgiri One CC to SRI M. IVIEHDI HUSSAIN, Advocate [OPUC] Two CCs to GP FOR ASSIGNMENT, High Court for the State of Telangana Two CCs to GP FOR HOI\XE, High Court'forthe State of Telangana. [OUT] Two CD Copies BN BS ry, ....., t'a:::***:sj{'t r".+l-- HIGH COURT DATED 11811112025 \ THE S 'r) 1 6 JAll 2il2t * r:p;i(;i * ORDER WP.No.34936 of 2025 DISPOSING OF THE WRIT PETITION WTHOUT COSTS \ \0