WP/29297/2025 of Girimoni Pentappa Vs The State of Telangana on 25 September 2025

ORAL ORDER:

Heard leamed counsel lbr the petitioner, Mr. L. Ravinder, leamed Assistant Govemment Pleader for Revenue appearing on behalf of respondent Nos.l to 3 and Mr. K. Pradeep Reddy, [eamed Standing Counsel for respondent No.4.

2. According to the petitioner herein, his mother is the absolute owner and possessor of the land admeasuring l2l square yards in Survey No.97, situated at Bijjaram Village, Kosgi Mandal,Narayanpet District, on the strength of patta certificate No.B/212/lggg, dated 06.02.1999. In proof of the same, he has filed copy of the said patta certificate. The petitioner's brother i.e., Girmoni Venkatesh obtained building permit order No.l l/2020, dated 16.06.2020 from respondent No.4 for the purpose of construction of a house. In the said building permission, it is specifically mentioned that he has to complete the said building within six (06) months. According to the petitioner, his brother, Mr. Girmoni Venkatesh met with an accident. I{is mother is alive. They have constructed house and they are in possession of the said house. Even then, respondent No.4 has issued notices dated 27.04.2024, 19.06.2024

KL,J W.P. No.29297 of 1025 and 09.07 .2024 Governm,:nt ['and to the Petitioner to stop illegal constnrction

3. Even respondent No'3 has also issued a notice dated 25.06.20,).5underSection-ToftheLandEncroachmentAct,lg05totlre petitionertoshowcauseastowhyheshouldnotbeevictedfronrtlre subjectlancl.Thepetitionerhassubmittedexplanationdated25.06,2025 to the said notice' Thereafter' respondent No'4 has also issued tinal noticedatedo^,oT.zo2|statingthatthepetitionerismakingccrnstruction illegallloveratlextentofil0squareyardsinSurveyNo.gTofBijjaram Village.Thepetitionerhasalsosubmittedexplanationon0g.0T.2025to lhesailfirralnotice.Withoutconsideringthesaidexplanationsand withoutfoltowingdueprocedurelaiddownunderlaw,responderrtNos.3 and4areinterferingwiththepossessionofthepetitioneroverthe subjectpropertyandaretryingtodismantlethecattleshed.Challenging thesajdactionofrespondentNos.3and4,thepetitionerf,rledtlrepresent writ Petitttln

4. Whereas,learnedAssistantGovernmentPleaderforRevenue has rrroduced written instructions of respondent No'3 stating that Govemmenthasallottedlandtoanextentofl2tsquareyardstoMr' GirmpniVenkateshforhousesiteandhehasconstructedthehousein I ln

\ KL,J W.P. No.29297 o12025 the same place. He has also encroached into the land to an extent of 240 square yards and applied for regularization under G.o.Ms.No.59 and sanction proceedings were issued. 'fhe petitioner herein also encroached into the land to an extent of l2t squarc yards and constructed cattle shed illegally and blocked the road of the said Venkatesh house and he complained to leave the road leading to his house. After an enquiry, respondent No.3 has issued notices for eviction ftom encroachment, but ignoring the same, he has constructed cattle shed. The said written instructions are placed on record,

5. As discussed above, the aforesaid patta certificate was issued in the name of the mother of the petitioner. There is no explanation, much less plausible explanation from the petitioner as to on what basis . Girmoni venkatesh has obtained building permit order dared 16.06.2020 from respondent No.4. The petitioner's mother is alive and there is no explanation from the petitioner as to on what basis he is claiming right over the subject property. However, it is for respondent No.4 to consider the said aspects and also the explanations submitted by the petitioner to the aforesaid notices strictly in accordance with law by putting the petitioner and the said Girmoni venkatesh Sio chinna Hanmappa on notice and affording them 4n opportunity. \

KL,J W.P. No.29297 o12025

6. In the light of the aforesaid discussion, this writ petition is dispose{ o1' directing respondent No.4 to consider the atbresaid explrrnations submitted by the petitioner and pass appropriate orders stric.ly,' i1 accordance with law by putting the petitioner and the said Ciirnroni Venkatesh S/o Chinna Hanmappa on notice and affording them ap oppor-tunity. Rcspondent No.4 shall consider the afbresaid aspccts and pass appropriate orders within four (04) weeks from the datc of' rece pt of' copV of this tlrder. fhe petitioner shall co-operate vvith reSp,)ndsnt No.4 in concluding the enquiry. Till then, the petitioner and resp,)ndent No.4 shall maintain status quo with regard to the subject property in all respects. In the circumstances of the case, there shall be no order as to costs As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition shall stand closed. SD/'Smt. U' ISTANT REG SUDHA ISTRAR //TRUE COPY/' SECTION OFFICER To, Secretariat' The State of r The Principal Secretary' Revenue Department' I ' i"i"ng'na' HYderanad'

2. The District Collector' Narayanpet District' Narayanpet

3. The Thasildar, Kosgi Mandal' Narayanpert Dist

4. PanchayatSecretary,BijjaramGrampanchayat'BiijaramVillage,Narayanpet Dist

5. One CC to SRI PRAVEEN KUMAR CHALLA' Advocate IOPUCI

6. ONE CC tO SRI K. PRADEEP REDDY, SC FOR GRAM PANCHAYAT

7. Two CCs to GP FOR REVENUE, High court for the State of Telangana. lourl

8. Two CD CoPies PVL BM w I l : i I

t HIGH COURT DA][ED:2510912025 ( o () a- * ORI}ER WP.No.29297 of 2A2S DISPOSING OF THE WRIT PETITION WITI{OUT COSTS \ lHE S 1 6 FIB 2026 t' * ,\"^ XP $