WP/29953/2025 of Mohd Amjad Vs The State of Telangana on 26 September 2025

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

AT

(Special Original Jurisdiction)

FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER

. ..'- .NNIO

THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE K.LAKSHMAN

Ivtohd Amiad, S/o Mohd Altaf, Aged about 33 years'

iill:dsi. 6ilisrlii, Golconda, Hvderabad'

Occ.Business' R/o H-No'

PETITIONER

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1 . The State of Telangana, Rep.by its Principal Secretary' Revenue Department'

' sdireiiiiatauildings, Hvderabad'

2' The District Collector, Ranga Reddy District, Ranga Reddy,Telangana

3.TheTahsildhar/MRo,GandipetMandal,RangaReddy,Telangana.

4 t\Ir. Mohammed Obaidulla, S/o' Samiullal'-'ASef about 33 vears' Occ'

Business, Fi,/o H.No. zli6Ei dlis"i?tiiii rhu"n village' Gandipet Mandal'

Ranga ReddY, Telangana'

.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, order or direction more particularly one in the nature of WritofMandamusdeclaringtheinactionoftherespondentNo.3forEvictingthe.

petitionerandhisfamilymembersfromSurveyNo.l32l5Housepropertywith bearing Municipal H.No. 8-197/2/9, (PTIN No' 1260403331) admeasuring 200

Square yards situated at Kismathpur Village' Bandlaguda Jagir' Gandipet Mandal'

RangdReddyDistrictofthepetitionerisillegal,arbitraryandviolativeofprinciples ofnaturaljusticeunderArticles,l4andl6ofCbnstitutionoflndiaand consequently direct the respondent No'3 without 'following due procedure not to evictthepetitionerfromtheSurveyNo.l32l5Housepropertywithbearing Muncipal H.No. 8-197/2/9, (PTIN No' 1260403331) admeasuring 200 Square yards situated ;lt Kismathpur Village, Bandlaguda Jagir, Gandipet Mandal, Ranga Reddy District of the petitioner.

IA NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filerd in support of the petition, the High Court may be pleased to direct the respr:ndent No.3 Not to Evict the petitioner and his famil) members Survey No. 13215 House property with bearing Municipal H.No. 8-1971219, (PTIN

No. 1260403331) admeasuring 200 Square yards situated at Kismathpur Village, Bandlaguda Ja1;ir, Gandipet l\Iandal, Ranga Reddy District without issuing any notice or withourt following due process of law, pending disposal of the main Writ petition Counsel for the Petitioner : SRt L RAM SINGH

Counsel for the Respondent Nos. 1 to 3: AGP FOR REVENUE

Counsel for the Respondent No. 4: "-

The Court mader the following: ORDER

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THE HONOURABLE SRI JUSTICE K. LAKSHMAN

WRIT PETITIONN0.29953 of 2025

ORAL OR.DER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue

2.

According to the petitioner, he is a tenant in the subject property i.e., 150 Square Yards (out of 200 Square Yards) from the House Property bearing Municipal House No.8-lg7l2lg, (PTIN

No.1260403331), 200.00 square yards or equivalc\r1 to 50.16

Square Meters with a plinth area of 200 Square Feet (A.C.C.), situated at Kishmathpur Village, under Bandlaguda Jagir Municipat Corporation, Gandipet Mandal, Ranga Reddy District, on the strength of rental agreement, dated 02.07.2025, executed by the 4th respondent, the owner of the property.

3.

The 2nd respondent has passed an order, dated 22.09.2025, declaring the 4th respondent as an illegal encroacher and directed him to vacate from the subject property within two (02) days from the date of receipt of the said order. Challenging the said order, the petitioner has filed the present writ petition.

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4.

The aforesaid order is an appealable order. The 4't''

respondent has already submitted his explanation, dated 04,09.2025, to the notice dated 29.08.2025 issued by 3'd respondent, in terms of Section 7 of the Telangana Land Enoroachment Act, 1905. lmpugned order is an appealable order in tenns of Section 10 of the Act 1905. Therefbre, either petitioner, being the tenant of the subject property secking leave of the app,ellate authority or 4tl' respondent has to prefer an appeal in terrns of Section l0 of the Act 1905. The petitioner herein is running 'samosa' centre in the subject property.

5.

Considering the said fact, this writ petition is disposed of granting liberty to the petitioner and 4't' respondent to prefei an appr:al challenging the impugned order, dated 22.09.2025, before the ;lppellate authority within fifteen (60) days from the said order along with an interlocutory application seeking stay of all further proceedings pursuant to the impugned order, dated 22.09.2025, and the appellate authority shall consider the same and disposed of in accordance with law. Till prefbrring of an appeal within the, said pericrd the impugned order, dated 22.09.2025, of 3'd respondent shall not be given effect.

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6. If the petitioner or the 4'h respondent failed to prefer an appeal within a period of sixty (60) days, liberty is granted to 3'd respondent to take action against the petitioner and 4th respondent pursuant to the impugned order, dated 22'09'2025'

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

SD/. K.BHAVANI SWAMY

lssrsrnNT BEGISTRAR

sEcr€N oFFlcER

To,

6. Two CD CoPies

PVL

BSR

Str

/TRUE COPY/

l.ThePrincipalsecretary,RevenueDepartment,secretariatBuildings,The State of Telangana, HYderaDao'

2.TheDistrictCollector,RangaReddyDistrict,Ranga*"101',"lan1ana

3. The Tahsildhar/MRo, Gandipet lVlandal, Ranga Reddy,Telangana.

4. One CC to SRI L RAM SINGH' Advocate [OPUC]

5.TwoCCstoGPFoRREVENUE,HighCourtfortheStateofTelangana.

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HIGH COURT

DATED:,2610912025