Telangana High Court
WP/36988/2024 of Uppunuri @ Uppunoori Sambaiah Vs State of Telangana on 31 December 2024
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRry FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 36988 0F 2024 Between: 1. Uppunuri. @_ Uppunoori Sambaiah, S/o.
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction)
TUESDAY, THE THIRry FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 36988 0F 2024
Between:
1. Uppunuri. @_ Uppunoori Sambaiah, S/o. Uppunuri @ Uppunoori ChinnaVenaka-iah, Aged about 62 years, Occ. Daily Wagelabbi_rrer, Rt/o. NSpCamp, Nidamanoor Village and Mandal, Nalgonda Diatrict - SOB27BVenaka-iah, Aged about 62 years, Occ. Daily Wagelabbi_rrer, Rt/o. NSpCamp, Nidamanoor Village and Mandal, Nalgonda Diatrict - SOB27B
2. Uppunuri @ Uppunoori Venkatamm-a @ Venkamma, Wo. Uppunuri @pppunoori Sambaiah, Aged about 58 years, Occ. House Wife, iVo. NSFCamp, Nidamanoor Village and Mandal, Nalgonda District - SOB27B.pppunoori Sambaiah, Aged about 58 years, Occ. House Wife, iVo. NSFCamp, Nidamanoor Village and Mandal, Nalgonda District - SOB27B.
...PETITIONERS
AND
1. State of Telangana, Rep. by its Principal Secretary, Revenue Department,Secretariat, Hyderabad.Secretariat, Hyderabad.
2. The District Collector, Nalgonda District - 508001.
3. The Tahsildar, Nidamanoor Mandal, Nalgonda District - SOA27B.
...RESPONDENTS
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Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a Writ of Mandamus or any other appropriate Writ, Direction orOrder declaring the actions of the 3rd respondent - (1) in not regularising theproperty admeasuring 210 Sq.Yards, in Survey No. 230, Nidamanoor Mandal,Nalgonda District (subject property) despite the Petitioners compliance with all theprocedural requirements including payment of charges as determined by the 3rdrespondent (2) in issuing notice d1.1211212O24 vide LR.No.B/1681/2O22 uls.7 ofthe Land Encroachment Act while the Petitioners application for regularising thesubject property is pending with the very same authority. and (3) in threatening todemolish the subject property without even considering the Reply dt. 12112t2O24submitted by the Petitioners - as illegal, arbitrary, unjust and violative of principles of naturar justice and Articres 14 and 21 0f the constitution of rndia, andconsequen'y set-aside the notice dt.12/1212024 vide LR.No.B/ 1681t2022 issuedby the 3rd respondent uls.7 of the Land Encroachment Act including theconsequentiar proceedings if any, and further direct the Respondents to forthwithregularize the subject property in favour of the petitioners.
1A NO: 1 OF 2024
petition under section 151 cpc praying that in the circumstances stated inthe affidavit fired in support of the petition, the High court may be preased todirect the respond€ nts not to interfere with the petitioners possession andenjoyment of the property admeasuring 210 Sq yards in Survey No. 230Nidamanoor Mandal, Nalgonda District pending disposal of the writ petition.
Counsel for the [petitioner ]: SRI J.PRADEEP KIRANCounsel for the Respondents: AGp FOR REVENUEThe Court made the following: ORDERthe Respondents: AGp FOR REVENUEThe Court made the following: ORDER
j
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
\:IT PETITION No.36988 of 2024
ORDER:
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This Writ Petition is filed under Article 226 of theConstitution of India for the lollowing relief:
"..to issue u..tit or order or direction more particularlg in the nature ofWrit of Mandamus declaing the actions of the 3d respondent - (1) in notregulaising the propeftA admeasuing 210 Sq Yards in Surueg No.230,Nidamanoor Mandal, Nalgonda Distict ('subject propertA') clesptte thePetitioners compltance uith all the procedural requirements inclidingpaAment of charges as deterrnined bA the 3d respondent (2) in issuingnotice dt.12/12/2024 uide LR.No.B/ 1681/2022 u/s. 7 of the LandEncroachment Act u.thtle the Petitioners application for regulaising thesubject property is pending tuith the uery some authoitg and (3) inthreatening to demolish the subject propertg uithout euen considering theReplg dt.12/ 12/ 2024 submitted by the Petitioners, as illegal arbitraryunjust and uiolatiue of pinciples of natural justice and Articles 14 and 21of the Constitution of India and consequentlA set aside the nottcedt.12/12/2024 utde LR.No.B/ 1681/2022 issued by the 3d respondentu/s 7 of the Land Encroachment Act including the consequentialproceedings if any and further direct the Respondents to forthl\ithregalarize the subject propefty in fauour of the Petitioners and pass. . "
2. Considered the submissions of the learned counsel for therespective parties and with their consent this writ petition isdisposed of at the admission stage.
3. It is stated that the petitioners belong to SC (Madiga)community and are economically backward and they are inoccupaltto* of a arftntng unit in Sy.No.23O, of Nidamanoor Village cvBR' Jwp-3698A-2024
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and Mandal, [Nalgonda ][District ][since more ][than ][three ][decades' ][It ][is]further stated [that ][they ][have made a ][representation ][to ][respondent]No.3 for regularization [of ][the subject property ][in ][terms of the policy]laid down under [G.O.Ms.Nos.58 ][and ][59 of ][2O15, dated ][3O'12'2024']It is further stated [that the ][said ][GOs ][are ][kept ][in ][abeyance ][by ][the]State Government. [The ][case ][of ][the ][petitioners ][is ][thzrt respondent]No.3 has issued [a ][notice uide ][LR'No'B ][I ][1681 ][12022' ][dated]12.12.2024 under [Section ][7 ][of ][the ][Land Encroachment ][Act' ][19O5'](for short, 'the ActJ [treating ][the occupation ][of ][the petitioner ][as arl]encroachment [and ][making efforts ][for ][removal ][of ][the ][same' ][The]further case [of the ][petitioners ][is that ][soon ][after ][receiving ][the ][said]notice issued [under ][Section ][7 ][of ][tl.;e ][Act, they ][have ][submitted an]elaborate explanation [dated ][17 ]['12 ]'2024 [by ][duly ][enclosing]documents.necessary
4. In view of the above, [it ][appears ][that ][the matter ][is ][seized]before respondent [No.3. ][Therefore, ][this ][Court ][deems ][it ][appropriate]to dispose ol the [writ ][petition directing ][respondent No'3 to examine]theexplanationdated:1T.l2.2o24submittedbythepetitionerandpass a reasoned order [strictiy in ][accordance ][with ][the ][provisions ][of]theActandcommunicatetheSametothepetitioner.Untilthesaidexercise is c:ompleted, [the ][respondents are ][directed ][not ][to ][take ][any]coercive actrot-t III
3
CIIBR, Jwp_36988_2024
5. With the above directions, this Writ Petition is disposed of.There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
SD/.P. CH. NAGABHUSHAMBAASSISTANT REGISTRAR
//TRUE COPY//CTION OFFICER
To,1 . The Principal Secretary, Revenue Department, State of Telangana,Secretariat, Hyderabad.1 . The Principal Secretary, Revenue Department, State of Telangana,Secretariat, Hyderabad.
2. The District Collector, Nalgonda District - 508001.
3. The Tahsildar, Nidamanoor Mandal, Nalgonda District - 508278.
4. One CC to SRI J.PRADEEP KIRAN, Advocate. [OPUC]
5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana.touTltouTl
6. Two CD Copies.
BSK
di,
BS
HIGH COURT
DATED:31 l1t\l2024
.,,qlAra22 [tLB]2[25otID?ptr 9
ORDER
WP.No.3698B of 2024
DISPOSING OF THE WRIT PETITIONWITHOUT COSTS
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