High Court · 2025
Case Details
Acts & Sections
RESPONDENTS 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 of Mandamus or any other appropriate writ, order or direction' to hold the act of respondent No.2 to the writ petition, Making attempt to interfere, with Petitioners Property and possessionithat is, All that the House Bearing Municipat No, 2-2-1106tN2t1(pTtN No. 1090219789) $ 2_2_1106tN2t2, (PTIN No, 1090219315) admeasuring 41g.0 square yards. Equivarent to 349. 44 Square Meters, situated at Ganga Bowri, Amberpet, Hyderabad, T.s and bounded, North. 30 Feet wide Road, south. 4s Road & Neighbors property, East: 30 Road & Neighbors property, west: Neighbors property, without any Notice, giving no Value to the Public document that is sale Deed, vide bearing sale deed t / Vide document No. 927 of 2019, registered on the file of S.R.O. Chikkadpally, Hyderabad, on the name of Petitioners, as of anarchical, arbitrary, abrogating the Principles of Natural Justice,'in consequentially, to issue a command or order More Particularly one in the Nature of Mandamus, direct the respondents authorities, not to interfere, with the Petitioners Possession over the Petitioners Property and Possession that is, All that the House Bearing Municipal No. 2-2- 11oolN2l1 (PTIN No. 1090219789) $ 2-2-1106tN2t2, (pTtN No. 109021931S) admeasuring 418.0 Square Yards. Equivalent to 349.44 Square Meters, Situated at Ganga Bowli, Amberpet, Hyderabad, T.s and bounded, North: 30 Feet wide Road, south: 45 Road & Neighbors property, East: 30 Road & Neighbors Property, West: Neighbors Property. 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 to direct the respondent No.2, not to Meddle with Petitioners Property and Possession, that is, All that the House Bearing Municipal No. 2-2-1 1o6tN2t1 (PTIN No. 1090219789) $ 2-2-11OOtAt2l2, (PT|N No. 1090219315) admeasuring 418.0 Square Yards. Equivalent to 349.44 Square Meters, Situated at Ganga Bowli, Amberpet, Hyderabad, T.s and bounded, North: 30 Feet wide Road, South: 45 Road & Neighbors property, East: 30 Road & Neighbors property, West: Neighbors Property. Counselfor the Petitioner: Mr. M.RATHAN SINGH counset for the Respondent No.I: GP FoR McpL ADMN & URBAN DEv Gounselfor the Respondent No.2: MT.K.pAVAN KUMAR, sc FoR HYDRAA Counsel for the Respondent No.3: AGp FOR REVENUE counsel for the Respondent No.4: MT.G.MADHUSUDHAN REDDY, sc FoR GHMC The Court made the following: ORDER n. * :') IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY N No. DATE:22-12-2O25 Mohammed Abdul Quadeer AND The State of Telangana, Represented by its Principal Secretary, Municipal Administration and Urban Development Department, Secretrariat, Hyderabad, and three others. Petitioner ... Respondents Heard Mr. M. Rathan Singh, learned counsel for the petitioner; Mr. K. Pavan Kumar, learned Standing Counsel for HyDRAA, appearing for respondent No.2; learned Assistant Government Pleader for Revenue appearing for respondent No.3; and Mr. G. Madhusudhan Reddy, learned Standing Counsel for GHMC, appearing for respondent No.4, and perused the material available on record.
2. The petitioner claims to have purchased the subject land i.e., House bearing Municipal No. 2-2-1 lOOl N2l1 (PT|N No.1 09021 9789) and 2-2-1 1 OOI N2l2 (PTIN No. 1 0902 1 931 5), admeasuring 41 8 square 2 yards, equivalent to 349.44 square meters, situated at Ganga Bowli, Amberpet, Hyderabad, under the registered sale deed dated
22.02.2019 bearing document No.927 of 2019. The grievance of the petitioner is that without issuing notice to him, the respondent authorities are trying to interfere with his possession over the subject property.
3. Learned Assistant Government Pleader for Revenue submitted based on written instructions that the property claimed by the petitioner in the present writ petition falls in T.S.No.71l1 , Block No. A, Ward No.163 situated at Amberpet, Surfekhas Village of Amberpet Mandal, Hyderabad District. Further, the land falls within the Full Tank Level area of Amberpet Bathukammakuntra lake. At present, the subject land is vacant on ground with a compound wall.
4. Leamed Standing Counsel for HYDRAA submitted that the petitioner filed the suit in O.S.No.3865 of 2025 on the file of the Junior Civil Judge, City Civil Court at Hyderabad, against the Mandal a Revenue Officer, Amberpet Mandal, and the Deputy Commissioner, Circle No.20, GHMC, Abids, Hyderabad, but so far, no interim orders are passed in the suit.
5. According to the learned counsel for the petitioner, the defendants in O.S.No.3865 of 2025 have been sel ex parte in the trial , I 3 Court and the suit is coming for recording evidence. \ \
6. As seen from the photograph filed at page No.62 of the material papers, the area covered by Bathukammakunta lake has been clearly demarcated. The land of the petitioner is beyond the compound wall of the Bathukammakunta take, and in the vicinity, there are severat structures. However, the land of the petitioner is admittedly surrounded by the compound walt.
7. ln the circumstances, sfafus guo with regard to the subject property shall be maintained by all the parties for a period of six (06) weeks from today, subject to interim orders, if any, passed in o.s.No.3865 of 202s on the fire of the Junior civir Judge, city civir court at Hyderabad, or subject to the result of the suit. The respondents shall take necessary steps to contest the suit and seek for setting aside the ex parte order stated to have been passed against them in the suit. Additionally, the respondent authorities are at liberty to take action against the petitioner in accordance with law. The petitioner is directed not to alter the nature of the subject property. a
8. Accordingly, this writ petition is disposed of. No order as to 4 As a sequel thereto, miscellaneous petitions, if any pending in this writ petition, shall stand closed. Sd/.M.NAGAMANI ASSISTANT REGISTRAR /ffRUE COPY// ECTION OFFICER To,
1. The principat Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad.
2. The Commissioner, Hyderabad Disaster Response and Asset Protection AgencY ( HYDnnn), HYderabad.
3. The Tahsildar, Amberpet Mandal, Hyderabad. 4. The Deputy commissioner, circle No. 16, Abids, Hyderabad, Greater Hyderabad Municipal Corporation.
5. One CC to SRI M. RATHAN SINGH, Advocate [OPUC] 6. One CC to SRI K.PAVAN KUMAR, SC FOR HYDRAA [OPUC] T. One CC to SRt G.MADHUSUOHAN REDDY, SC FOR GHMC [OPUC] 8. Two CCs to GP FOR MCPL ADMN & URBAN DEV, High Court for the State of Telangana at HYderabad . IOUTI
9. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad .IOUTI . i.. ly 1o.Two CD Copies - PMK/PMK I HIGH COURT DATED i22t1Zt2O2S 'tHE SIn o() 0 7 JAli ifizb + {::-- fr.4--4". ..:..:. .::r ORDER WP.No.3g0g1 of 2025 / / ) t DISPOSING OF THE WRIT PETITION WITHOUT COSTS \t