✦ High Court of India · 16 Apr 2025

High Court · 2025

Case Details High Court of India · 16 Apr 2025
Court
High Court of India
Decided
16 Apr 2025
Bench
Not available
Length
1,197 words

2. Smt.Perika Shankarqmma, Wio.P Shobhan Babu, Aged about 37 years, Occ -canguii er4;i, Wo.Q.Veikategli*ar[u, Ag-ed about 35 years, occ s. Smt. 4. Mavalapaka Ramakrishna, 9/o.Bakkaiah, Ag6d about 38 yea;s, Occ Labour' 5. Malekha Khatool, 'qV/o. lr/ld.Muneer, Aged about 32 yearsi, Occ Labour, Rlo Plot No.110, Mammilagudem, Nqlgqnda Town and District, R/o.Plot No.108, Memmilggu(em, Nalgqnda Town and plqtrict' AND i.PETITIONERS 1 2 J 4 5 t) 7 The State of Telangana, Rep.by its Principal Secretary, Revenue Department, Secretariat Buildings, HyQerabad. The District Cpllector, Nalgonda District., The Revgnqe Divisional Officer, NalSQnqq,, - Sri. Venkataphlary,' Rgvenue Divisional Officer, Nalgondq., Tahsildhar, Nalqonda, Nalqonda District, - Union of lndia,-Rqi.by its Uniler Secretary, Ministry of Postal Service, New Delhi. Pgstal $upetlntendent, Department of Posts and, Teleqommunications Nalgonda Diqtrict ...RES'oNDENTS Petitiqn under A(icle 226 pf the Cqn$titution of lndia praying that in the 'the affidivit filed fherewith, the High Court may be circum$tanQe$ statred in pleased'to lisue or:der or Cirection more particularly one in the Wril of Mandamuq, to dire-ct thb respondents not to demqliEh Petitioners house$ in plot Nos' 120,121,38,110 ana tOq respectively in Sy.No.636 Mammilagu{em, Nalgonda Town and Qistrict without following the due by declqring the action of Respondent in doing the same withogt following process of law by declaring the action of Responbents in doing the same without following due proqess of law as highly illegal, arbitraJy apdl frorn violation of Article 14 and 21 Constitution of lndia l.A. NO: 1 OF 2016 (WPMP. NO: 46522 OF 2016 Petition under Section 151 CPC praying that in thb circumstances stated in the affidavit filed in support of the petition, the High Court may be'. pleased direct the respondenis not to demolish Petitioners' houses in plot Nos.12-0, 121 , 38, 110 & 108 respectively in Sy.No.036, Mammilagudem, Ndlgonda To'fun and District without following the due process I.A. N :1 OF 2017 WVMP. NO: 2293 OF 2017 Between: Delhi 1 !n!9! 9f lndig Rpp,by i!-s Undqr Secretary, Ministry of Postql Service, New 2 Postal Superlntendent, Departmeot of Posts and, Telegommunications ...PETITIQNERIRESPqNDENT-RESPoNDENT No.6&7 Nalgqnda District. AND R/o.Plot No.120, Mammilagudeim, Nalgonda TQwn and District Libour, R/o Plot Nq.121, Mammilagudem, Nalgonda Town and District. . Smt. Garlapati Yadamma, V!/o Q. Shekqr, Aged about 40 yeprs,Occ Labour . Smt Pertka Shankaramma, Wo,P.Shpbhan Babu, Aged about 37 years. Occ . Smt. Gangula Padma, Wo.G,Venkateshwarlu, Aged about 35 years, Occ Laboui, R/o.Plot No.38, Mammilagudem, Nalgonda Town and District. Sri MayalaBaka Ramakrishna, S/o.Bakkaiah. Aged about 38 years, Occ Labour; R/o Plet No 1 10,'Mammilagudem, Nalgonda Town anC District. Smt Malekha Khatqol, Wo. Md.Muneer, Aged about 32 years, Occ Labour, R/o.Plot No,108, Mammilagudem, Nalgqoda Town and District, . The $tate o[Telangbna, Repby its Pincipal 8ecretary. Reveriue Department. . The DiSlrict Collector, Nalgonda District., . The Bbvenue^ Pivisional Qffiqer, Nalgpnda., - Secretariat Buildings, Hyderabad. Sii. Vbnkatabhbry, Revenue Siyisionql Ofiicer, Nalgonda , 0 Tahsildhar. Nalgonda, Nalgonda District, - 1 2 3 4 6 7 I o 1 ..,RESPONPENT/VYR|T PETITIONER9-RESPoNDENT Nos.1 -5 Petition undgr Segtion 1t1 q?C praying that in the circumstgnces stated i1 the affidavit filed in support of the petition, the High Court may be pleased vacate the interim grder {ated 0311112016 iqr W.F No. 37760 of 20'16 Passed by this Hon'ble Court and to dismiss the writ petition Counsel for the Petitioner: SRl. SARAMPALLY MRUDULA Counsel for the Respondbnt Nos. 1iq5: GP FOR REVENUE c o u n sq r f o r th e Re$ po n d e n t N os. *. t;:l SiBi ij$[?._i ffi 6 ]r'r o, o The Court mede the following: ORD-ER I I HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.3776O of 2OL6 ORDER: This writ petition is hled seeking the following prayer: "...to direct the respondents not to demolish the Petitioners hozses in Plot Nos.120, 121, 38, 11O and lOB respectiuelg in 59.No.636, Mamillagudem, Nalgonda Town and district uithout follouing tLLe due process of latr bg decloring the action of the 3rd and 6th respondents 4th and 7th respondent in indiuidual capacitg in demolishing tLrc Petitioners houses as illegol"

2. The facts of the case in brief are that petitioners are labour by occupation and since they had no shelter, made applications for house sites before respondent No.5. Thereafter, respondent No.S granted house site pattas to an extent of 80 cents during the year 1997 -99 in Sy.No.636, Mamillagudem, Nalgonda town and District. Thereafter, petitioners constructed houses and living in the said residential houses. While so, on

06. 10.20 16, respondent authorities approached petitioners and tried to demolish the houses of the petitioners on the ground that subject land was purchased by the Postal Authorities. It is further submitted that in the event of demolition of petitioners' houses, petitioners will be put to irreparable loss and damage. E <r. t' 2 Challenging the said action of respondent authorities, the present writ petition is filed.

3. Today, when the matter is taken up for hearing, learned counsel for the petitioner submits that this Court in similar circumstances in W.p.No. 11171 of 2015 dated

20.06.2024 has disposed of the writ petition with a direction to respondent Nos.2 to-$'therej* not to dispossess the petitioners or demolish the structures raised on the subject properfy, without following the due procedure contemplated under law. Learned counsel for the petitioner prays this Court to pass similar order.

4. Learned Assistant Government pleader for Revenue as well as learned Assistant Government pleader for Assignment reports no objection in passing similar orders.

5. In such view of the matter, recording submissions of learned counsel on either side, this Writ petition is disposed of with a direction to respondent authorities not to dispossess the petitioners or demolish the structures raised on the subject property, without following the due procedure contemplated under law. It is also made clear that the petitioner shall not J carry ar:y further construction without any permission from the competent authorities.

6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As sequel to it, Miscellaneous Petitions, if any pending, shall stand dismissed. //TRUE COPY' SD/-P. PADMANABHA REDDY DEPUTY REGISTRA SECTION OFFICER To, 1 The Prinqipal $qcretary, Revenue Departm ht, Secretariat Buildings, T.S..Hvderabad. Nalqonda Dlskict.

2. The Di'stdct Cqllectqr, Nalgon(a District' 3 The Revenue Divisi'onal Officer, Nalgonda 4 Tahsiidhar, Nalgoqda, Nalsonda Districl ; i[; tj;;;S"d"ta,v,'urid;i-rna'', Mii'ittt.v-orPostalservice' New Delhi-. ;. P'dil"HpP,lrt.jniidtt,':ij'Jiii;i..;;i"6i i'bsts dnd' relecommunications ?. ffi B"Cdi; Shi.'SanaupnLLY MRU DU LA Adv-ocate toPUCl i. Y,ijI EEit"-ep Ftin riLvritruE- fqr the'State 6f relansana at e 6i,;C'd 6 5{r 'qaol PRAVEEN KuMAR DY sollclron GENERAL oF rNDrA [qPUCl 10.Two C0 Copiep Hvderabad [QUT] ',iligh-c.rrt BM BS HIGH COURT DATED:1610412025 ORDER WP.No.37760 of 2016 I c o o t lrrE S;A i c( 0 5 t{A\ 2ffi I OE: PATC\{ p-O I ( ) Cr\ DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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