'1 . Smt. M. Chandrakala v. 1. The Stare :" Telangana
Case Details
in the affidavit filed in support of the petition, the High court may be pleased to suspend the Lr.No.A/1/2024, dated,19. 1 2.2024 issued by respondent No'6, in the interest of justice, pending final disposal of the above Writ Petition. lA NO: 2 OF 2024 Petition under Section 't 51 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 not to demolish and dispossess the petitioner from their allofted house plots sy.No.136tB, 137tP, of Medikonda village of leeja Mandal, Jogulamba Gadwal District, in the interest of justice, pending final disposal of the above Writ Petition. lA NO: 1 OF 2025 Between: T. Bheema Sekhar S/o. T. Anjaneyulu, aged about 30 years, Fi/o. Medikonda Village, leeja Mandal, Jogulamba Gadwal District. ...lmplead Petitioner/Prop. Respdt. No.7 AND 1 M. Chandrakala, D/o. Ramesh, 49 years, Rl/o. H.No. 2156lA, leeia Mandal, Medikonda, Jogulamba Gadwal District.
2. Smt. Sunkrrlamma, D/o. Chandranna, 60 years, R/o- H No. 3-42, leqa Mandal, Vr:' jikonda, Jogulamba Gadwal District.
3. Smt. K. Malleswari, Wo. K. Ramachandra, 50 years, FVo. l{.No. 2-73, leeja Mandal, Mr-',1;konda, Jogulamba Gadwal District.
4. Smt. B. Giovindamma, D/o. Sriramula, 39 years. Fl/rr. H No. 1-58, leeja Mandal, Mr:'likonda, Jogulamba Gadwal District.
5. Chakali Gcrvindamma, D/o. Savari,41 years, Fi/o. H.Nc. 5-:16, leeja Mandal, Medikonda, Jogulamba Gadwal District.
6. Venkatarnrn a, D/o. Eshwaraiah, 53 years, Ri/o. H.No. 3-79,\, leeja Mandal, Medikonda, Jogulamba Gadwal District.
7. B. Ramulanrrna, D/o. Kyasaram, 52 years, R/o. H.No. 3-15,A, leeja Mandal, Medikonda, Jogulamba Gadwal District. B. B. Lakshm , Wo. N. Rameshwaraiah, 44 years, Fl/o. H.lJo. 1 .6, leeja Mandal, MedikonCa, Jogulamba Gadwal District.
9. Shivamma, 'A//o. S. Thimaiah, Aged 60 years, Rt/o. H.No 2-1.:,tO,leeta Mandal, Medikon,Ca, Jogulamba Gadwal District.
10.G. Anjananlra, W/o. K.Ashimanna, 36 years, Fl/o. H.No 4-4,14,leeja Mandal, Medikon,la, Jogulamba Gadwal District.
11.8- Peddul;r,nma, D/o. Chiftem Timmaiah, 44 years, H.l,lo. 1/140, leeja Mandal, Mrxlikonda, Jogulamba Gadwal District.
12.Boya Malanrma, Dio. Boya Boggula Ramanna, 52 yea-s, F./o. Hariianwada, leeja Mandal, Jogulamba Gadwal District.
13.Boya Shan<aramma, D/o. Boya Ramudu, 49 Medikonrla, Jogulamba Gadwal District. years, R'o.leeja Mandal,
14.Boya Chitterr Chinna Timappa, S/o. B. Pedda Narsanna, 3,0 years, Rl/o. 3- 1 25, Medikc rda, leeja Mandal, Jogulamba Gadwal Distri:t. 1 5. 8- Laxmi, Er/o. Narsanna, Aged 44 years, R/o. ll No l /4( , leeja Mandal, Medikonria, Jogulamba Gadwal District.
16.8 Shanthanrma, D/o. Mareppa, 54 years, R/o.H.No 1/40 leeja Mandal, Medikonda Jogulamba Gadwal District.
17. Padmavathamma, W/o. G. Narayan Goud, 60 years, R/o.4-l, leela Mandal, Medikonda Jogulamba Gadwal District. ,..RESPONDENTSrwRIT PETITIONERS 18.The Stat'-, cf Telangana, represented by its Principal Secretary, Revenue Departrrr:rn :, At Secretariat, Hyderabad. '19.The Statr: o'Telangana, represented by its Principal Siecrertary, Panchayat Raj and Flurirl Development Department, Secretariat Hyrterat ad. 20.The District ()ollector & District Magistrate, Jogulamba, Gadw;,rl District. 21 . The Revenue Divisional Officer, Gadwal Revenue Jivis on, Jogulamba Gadwal Distrir:t.
22. The Tahs;ilda r, leeja Mandal, Jogulamba Gadwal District.
23.Grama Pancrayat, Medikonda, leeja Mandal, Jogulamba Gadwal Distnct. ...RESPONOENTS/REli;pDT. No.1 to 6 I I l i i l I l I i l i I I g t t : : , t t I t. -4, 1 , EI I Petition under Section 151 CPC praying that in th€ circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to order to implead the petitioner/Proposed Respondent No-7 in W P No. 36292 of 2024 and all lnterlocutory Applications, in the interest of justice. Counsel for the Petitioner: SRI K. RAGHAVENDRA REDDY Counsel forthe Respondents No.1, 3 to 5: GP FOR REVENUE counself ortheRespondentNo.2:"tl3ffl$r"rpr"#,ff |ot' Counsel forthe Respondent No.6: SRI R. CHANDRA SHEKAR REDDY' S.C. FOR GRAM PANCHAYAT SRI K. PRADEEP REDDY, STANDING COUNSEL Counsel for the Proposed Respondent: SRI N. SREEDHAR REDDY The Court made the following: COMMON OROER I THII ]:IoNOURABLE SMT. JUSTICE T. MADHA\II DEVI r..A NO.1 0F 202s IN .P. NO.36292 0F 2024 AND WRIT PETITION NO.36292 OF 2024 COMMONORDER In thrs lVrit Petition, the petitioners are seeking a Writ of Mandamus de:taring the action of the 6th respondent in issuing Lr.No.A/l/i:O:l,l dt.19.12.2024 to dispossess thc perir ioners by removing'dr:'rrLrilishing the house structures in Sy.Nos.l-'6,/8 and I37lB ol' Medikonrla v illage of Ieeja Mandal, Jogulamba (iadrval I )istrict and proposing to ; llot the same to construct a hospital and :rlayground without givinl3 any opportunity or notice to the pctitioners. as illegal, arbitrary and unconstitutional and to set aside the sarne and consequentl'r io direct the respondents not to demolish and dispossess the petitiont:rs Iom their allotted house plots in Survey Nos 136/[] and 137/B of '\4t:dil:onda Village, Ieeja Mandal, Jogularr ba (iadrval District and to pass .rur:lr other order or orders.
2. Bricf factr; leading to the filing of the prescr,t Writ l'etition are that the p,:titiortr:rs claim to be landless poor persons ard r.:sidents ol W.P.No.36292 of 2024 ^| Medikonda Village, Ieeja Mandal, Jogulamba Gadwal District and the Govemment has allotted house pattas to the petitioners to an extent of 133 square yards each in the year 2003 and the petitioners claim to be in possession of the same ever since. It is submitted that the 5th respondent has isstred directions to the petitioners on 07.1L2024 directing them to vacate their plots in order to construct a hospital and a play ground thereon. The petitioners therefore approached this Court by filing W.P.No.31585 of 2024 and this Court had disposed of the same at the admission stage directing the respondents therein to identiff suitable land for allotment of house sites to the petitioners in lieu of the house site pattas granted earlier in their lavour as the land was taken by the GovemmentforconstructionofVitlageHealthCentreandGrameena Kreeda Pranganam within a period of three months from the date of receipt of copy of the order. The respondents were also directed to extend necessary benefits as available under the various schemes addressed by the Government to the petitioners to enable them to construct houses. It is submitted that without regard to the above directions and without following any process of law, the respondents have issued the impugned letter dt. 19.12.2024 and therefore, challenging the same, the present Writ Petition has been hled' i i I I t i I I I I i I j j t t I I I ! l i,r r $ ! $ : : l : I i i I W P.No 3629i of2024 3
3. TfLis (l:urt had directed the respondents, vide interim order dt.24.12.2(t2,1 to maintain status quo in respect of th,: ho.rse plots in Survey |.los. l l6iB and 137/B of Medikonda Village of Ie,:ja Mandal, Jogulamtra (iadwal District.
4. The 6'r' respondent has frled a counter affrdavit and an implead applicatirx in l.A.No.l of 2025 has also been filed by the petitioner therein pra'vi rl to implead him as the proposed 7th respordent in the Writ Pctition
5. 1'he pr:tirioner in I.A.No.l of 2025 submitred that though the house plots ut,re allotted to the writ petitioners herein in the year 2003, thev w,enr nol rr possession and they never occupied thc, sanre and havc not constrrrcl€c any house thereon and when some of the illegal occr.lpant:i ',\ (:1 ( trying to encroach into the said land. ire made a represeutilt i,rr t,t the authorities for construction of a hrtspit:rl and play ground and as r.[re same had not been considered, a Writ F,etition was tlled in \V.t.No.19383 of 2024 and this Ctourr. t,,,tle orders dt.21.07.:.(),t.+. rad directed the respondents therein ro c,rnsider his rcrycsentirtioi) and the action initiated by the Tahsildar. i .e.. the 5,h responderrr her:-'.n vide letter dt.07.11.2024 and the cons e q r.r,:ntial order W.P.No.36292 of 2024 4 dt.lg.l2.2O24 of the 6ff respondent herein are both pursuant to the orders in W.P.No.l9383 of 2024. Therefore, according to him, he is a proper and necessary party to this Writ Petition.
6. The writ petitioners have, however, opposed the same stating that the implead petitioner is no way concerned with the subject land and therefore, he is not a proper and necessary party.
7. Having regard to the rival contentions and the material on record, this court frnds that in the writ Petition filed by the implead petitioner in I.A.No.l of 2025 herein, this Court had observed that he is also a resident of Medikonda village and therefore would be a benehciary of the hospitauplay ground constructed by the Govemment and therefore, his representation for the s:rme was directed to be considered and it is pursuant to the said direction of this court that the action has been initiated by respondents 5 and 6. However, the impugned order dt.lg.l2.2}24 is for cancelling the building permissions granted in favour of the petitioners herein and therefore, this Courl is ol the opinion that the implead petitioner in I.A'No t of 2025 herein is no way concemed with the same and he is not a proper and necessary party to this Writ Petition. I I I I :, i I I : ! !j I I ! I ? i t I t I ! i t 1 I I ; 'N .P.\ 0.3621)2 of 2024 5
8. l'h::rt: irre, the implead application in I.A.l{o.1 of 2025 is dismissecl.
9. hs repards the merits of the Writ Petition, this Court finds that the respondcrt rLrrthorities have visited and inspected tle site and have observed that certain portion of the land has already beerL allotted and that Rythrr \ e dika and Prakurthi Vanam have already beerr constructed and th,: balance of the land is proposed to be resurled for the constructr rr, of a hospital and a play ground. It is also obsr,:rved that the petitioner,, trt:rein have been granted permissions for construction in the year 20]J atd yide letter dt.19.12.2024, the said permissio ns have been cancellt'd arril tcmporary structures put in the said land have also been directci t, , t)(r l'e moved. In none of the proceedings ol- the respondents, is therc ur'_r re lirence to the cancellation of the house pattrrs granted in f avour o I , h: petitioners. The respondents have admittr:dly allotted house s tc j t() the pctitioners in the year 2003 and the said allotments have no: l,er'r cancelled by the authorities. Without carcelling the house sitcs, th,: i lsf( ndcnts could not have cancelled the buildinp pennissions rvit.hout 8ii rtl ,"ffionr lor the same. The impugned order ctt.19. 12.2024 also does trot ref-er to any reason for cancellation except for.relerring to 'ol W .P -No- 292 of 2024 6 the proceedings of the 5ft respondent dt.O7.ll.ZOZ4. The said proceedings also refer only to the report of the Surveyor that there is surplus land of Ac.2.24 guntas in Survey No.136 and Ac.t.16 guntas in Survey No.l37 and therefore, no permissions should be granted for construction of houses or for any other constructions and that the said land is necessary for village hospital and play ground.
10. In view of the same, this Court is of the opinion that rhe respondents have not followed the due procedure for resumption of the land from the petitioners. Further, this Court in W.P.No.3 1585 of 2024 dt.12.11.2024 in case of few of the petitioners herein, had directed the authorities to identifr suitable land for allotmenr of housc sites to the petitioners in lieu of the house site pattas granted earlier in their lavour as the land was being taken by the Govemment for construction of Village Health Centre and Grameena Kreeda Pranganam. The respondents are therefore required to find an altemative land belore resuming the said land from the petitioners. I l. In view of the same, this Court is inclined to set aside the impugned proceedings dt.19.12.2024 and direct rhe respondents to fbllow the directions of this Court in W.P.No.31585 of 2024 and till I I I i W.P.No.362i)2 of 2024 7 such tirxc, t 1e petitioners as well as the respondent.s ar e directed to maintain stat s Quo as on the date of this order :n rr,:spect of the structures irL ihe subject land
12. Wi:h the above directions, the Writ Petition is disposed of. No order as t., c ( sts
13. Lr the rtrsult,-- (i) l.A lio.l of 2025 is dismissed. (ii) rv I,.No.i6292 of 2024 is disposed of. (iii) I'her,: shall be no order as to costs.
14. P,:nrlinr niiscellaneous petitions, if any, in this !r'rit lretition shall stand c krs, rl S //TRUE COPY// KAR RAR ''' \ '! sE,cToN oFFlcER litat€ of Telangana' 2 Depart 1 The P''n I I al Secretary, Revenue i"irni.',rr- 5ecreianat' Hfderabad, TS rhe pri nc r e I s e cretary, rq,l3n3l3l#n3tr|-l}J:?lP"?l+Tlnent Department' State of T,: angana, Telanga The Distrirl ,lollector and District Magistrate' Jogulamba, Gadwal District' TS' Officer, Gadwal Revenue Div ision, Jogulamba 2 sional
4. The Rr,:vr: I .re Divi Gadvrral Di: t'ict, TS.
5. The Talslltl;rr. leeja Mandal, Jogulamba Gadwal District' TSi To, I l rlt,-:J*i,',-, 6- Grama panchayat, Medi Disrrict, rS 7 one cc to sR, K *",:l,..ilililoo;;:ffi::f ;:ffi t lyf"r:ff.:?o3fi tt Revenue, Hish court for the state or reransana at _: ili,"Tt:tff"iT 5,1ry!:f;$1i6i1nu., r Devero p me nt, His h c o u rt ro r th e to SRI R. oHANDRA t"a** REDDv, s.c. for Gram panchayat " r$""r!i 11. One CC to SRt K. pRAD 12.one cc to sRr N. ,*u="t,:::::Dy, 13.Two cD copies DHAR REDDY Advocate toPUCl standins counserlopucr MP LS \ \ t I \ \ HIGH COU DATED:1010412025 -=-\ /i: l'3 ) {o;;''' i4,uru 6g 'lq. I .-. (a L'.1
2. i+ coMm' ORDER l.A.No.1 of 2025|N W.P.No,gGZg2 ot 2O24 AND W.P. NO: 3G292 OF 2024 DISMISSING THE I.A. & DISPOSING OF THE WRITPETITION WITI-IOUT COSTS ( ( tb- f,V r- e)