Telangana High Court
WP/36891/2024 of C. Rama Krishna Vs The State of Telangana on 31 December 2024
COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETI TION NO:36891 OF 2024 Between: p_fgq1t{rlsrrna, S/o C. Aljflq!,4Sed 51 years,
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)
TUESDAY,THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDYWRIT PETI TION NO:36891 OF 2024
Between:
p_fgq1t{rlsrrna, S/o C. Aljflq!,4Sed 51 years, Occ. Business, Rt/o H.No.3-721161P, Near DpS Schoot; pJR Nigar, fn'ajagubr,-nr"g, R"diiy Oi.tri&."3-721161P, Near DpS Schoot; pJR Nigar, fn'ajagubr,-nr"g, R"diiy Oi.tri&."
...PETITIONER
AND
1. The State of Telangana,. R9p by [[']]its principal Secretary, Revenue Telangana,. [gepqrtment, ][[Secretaria-t, ]][[Hyderabad. ]][[']]2. The District The District District 2. The District The District District [[Secretaria-t, ]][[Hyderabad. ]]2. The District The District District Collector, Randa Reddv District.
Randa Reddv District.3. The Revenue Divisional Ofricer, Rahqa Reddv Distri"t.Revenue Divisional Ofricer, Rahqa Reddv Distri"t.
The Revenue Divisional Ofricer, Rahqa Reddv Distri"t.Revenue Divisional Ofricer, Rahqa Reddv Distri"t.4 The Deputy coilector and rahsirdar,-seritingimpiiry Mandar, Seriringampaily,Ranga Reddy District....RESPONDENTSRanga Reddy District....RESPONDENTS
Petition under Article 226 of the constitution of lndia praying that in thecircumstances stated in the affidavit fired therewith, the High court may bepleased to issue a writ order or direction, particurarry in the nature ofMandamus declaring the action of the respondent No.4 in interfering with thepossession and enjoyment of the petitioner in respect of property bearing H.No.possession and enjoyment of the petitioner in respect of property bearing H.No.3-721161P on Plot No. 16, Sy.No.27, admeasuring 100 Sq. yards, situated atPJR Nagar, Khajaguda Viilage, seriringampa[y Mandar, Ranga Reddy District asillegal, arbitrary and u nconstitutional and violation of Art. [.14, ].19 and 300-A of theillegal, arbitrary and u nconstitutional and violation of Art. [.14, ].19 and 300-A of theconstitution of lndia and consequenfly direct to the respondents not to interferewith the possession of the petitioner with respect to house bearing No. 3-72t161pon Plot No. 16, Sy.No.27, admeasuring 100 Sq. yards, situated at pJR Nagar,with the possession of the petitioner with respect to house bearing No. 3-72t161pon Plot No. 16, Sy.No.27, admeasuring 100 Sq. yards, situated at pJR Nagar,Khajaguda Village, seriringampaily Mandar, Ranga Reddy District in any manner lA NO: 1 OF 2024
Petition under Section 151 cPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High court may be pleased todirect the Respondents not to interfere with the possession of the petitioner overthe, house bearing No.3-72116/P on Plot No. 16, Sy.No.27, admeasuring 100Sq. yards, situated at PJR Nagar, Khajaguda Village, Serlingampally Mandal,Ranga Reddy District in any manner Counsel for the Petitioner: SRl. c. SUNDARESANCounsel forthe Respondents: GP FOR REVENUEThe Court made the following: ORDER
THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
IVRIT PETITION No.36897 OF 2024
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ORDER:
This Writ Petition is filed seeking to declare the action ofrespondent No.4 in interfering with the possession and enjoyment ofthe petitioner in respect of property bearing House No.3-72/16/P, PlotNo. 16, admeasuring 100 sq.yards.,1nSy.No.27, situated atrespondent No.4 in interfering with the possession and enjoyment ofthe petitioner in respect of property bearing House No.3-72/16/P, PlotNo. 16, admeasuring 100 sq.yards.,1nSy.No.27, situated atKhajaguda Village, Serilingampally Mandal, Ranga Reddy District, asillegal and arbitrary and for other appropriate reliefs.
2. Conside red the submissions of the learned counsel for thercspective parties and with their consent this writ petition is disposedof at the admission stage3. It is stated that the petitioner is the owner and possessor o[house bearing No.3-72116/P, admeasuring i00 sq. yards, situated atKhajaguda Village, Serilingampally Mandal, Ranga Reddy District,having purchased the same under a registered sale deed bearingdocument No.350 of 2015, dated 22.01.2015. It is also stated thatafter obtaining building permission lrom GHMC, he constructed ahouse and regularly paying the property tax to GHMC. It is furtherstated that despite the same, respondent No.4 has issued impugnednotice vide No.B/1671/2024, dated 07.11.2024 under Section 7 ofthe Telangana Land Encroachment Act, l9O5 (for short, 'Act, 1905')
alleging that he has encroached land to an extent of 1OO sq. yards insy.No.27 of Khajaguda Viltage. The grievance of the petitioner is thateven though he submitted explanation d,ated. 24.12.2024 to the saideven though he submitted explanation d,ated. 24.12.2024 to the saidnotice, without considering the same, respondent No.4 is not onlyinterfering with his possession but also trying to dispossess him fromthe subject property.the subject property.
4. Learned counsel lor the petitioner has contended that thepetitioner has in fact purchased the subject property long back andthe alleged encroached portion is not of recent origin. It is furthercontended that if the alleged encroachment of the petitioner is not ofrecent origin, the respondents are not having any power to invoke theprovisions of the Act, 1905. Learned counsel also submitted that thepetitioner has submitted explanation on 24.12.2024 to the impugnednotice issued by respondent No.4, enclosing all the relevantdocuments, but respondent No.4 without considering the saidexplanation, is interlering with the possession of the petitioner inrespect of the subject property.
5. The issues raised herein are required to be adjudicated by thecompetent authoriry duly taking into consideration the explanationsubmitted by the petitioner. Since it is stated that the petitioner hassubmitted explanation to the impugned notice, enclosing al1 thedocuments in support of his claim, this Court without going into the /
merits of the case, deems it appropriate to direct respondent No.4 topass a reasoned and speaking order, in accordance with law, afterconsidering the explanation and the supporting documents submittedby the petitioner. Till passing of the speaking order, the respondentsaie directecl not to initiate any coercive action against the subjectproperty of the petitioner in any manner.
6. With the above direction, this Writ Petition is disposed of.
As a sequel, miscellaneous applications pending if any, shallstand closed. No costs.SD/-A.V.S. PRASADASSISTANREGISTRAR//TRUE COPY//SEON OFFICERstand closed. No costs.SD/-A.V.S. PRASADASSISTANREGISTRAR//TRUE COPY//SEON OFFICER
\o,
1The Principal Secretary, Revenue Department, Secretariat, T.S,Hyderabad.2The District Collector, Ranga Reddy District.3The Revenue Divisional Officer, Ranga Reddy District.4The Deputy Collector and Tahsildar, Serilingampally Mandal, Serilingampally,Ranga Reddy District.2The District Collector, Ranga Reddy District.3The Revenue Divisional Officer, Ranga Reddy District.4The Deputy Collector and Tahsildar, Serilingampally Mandal, Serilingampally,Ranga Reddy District.qOne CC to SRl. G. SUNDARESAN, Advocate [OPUC]6Two CCs to GP FOR REVENUE ,High Court for the State of Telangana atHyderabad [OUT]6Two CCs to GP FOR REVENUE ,High Court for the State of Telangana atHyderabad [OUT]7.Two CD CopiesBMLSwLSw HIGH COURT
DATED:3111212024
ORDER1HE [ST4]t6-WP.No.36891 of 2024zou0 5 FrB 2[25LC)*DE,:IPATC
DISPOSING OF THE WRIT PETITIONWITHOUT COSTS
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