Gaddam Lakshmi vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA: AT HYDERABAD (Special Original J urisdiction) FRIDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION Nos.25296.

25439.

65.25472.

2s669 & 25840 0F 2022 Betwee n: ..PETITIONER AND 1.

The State of Telangana, Rep. by its Principal Secretary, Revenue Department Secretariat, Hyderabad.

2.

The District Collector, Jayashankar Bhupalpally District.

3.

The Revenue Divisional Officer, Mulugu Division Jayashankar Bhupalpally District.

4.

The Tahsidlar, Ghanapur Mandal Jayashankar Bhupalpally District 5.

The District Fire Officer, Jayashankar Bhupalpally District ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or Direction more particularly one in the nature of writ of Mandamus, declaring the action of the Respondent Nos.2 to 5 in trying to dispossess the petitioner from the house property bearing HNo 1- 44t21i4 to an extent of 484 sq. yards situated at Gandhi Nagar Grant Sliver, Ghanapur Mandal, Jayashankar Bhupalpally District without issuing any notice and without affording an opportunity to put forth their grievance as illegal, arbitrary, violation of Article 14,21 and 300-4 of constitution of lndia, apart from violation of principles of natural justice and consequently direct the Respondent Nos.2 to 5 not to interfere midi the peaceful possession and enjoyment of the above property.

I WP No.25296 ol 2022 Gaddam Sammakka, W/o,Pedda Maraiah Aged about 67 years, Occ Housewife R/o.H.No.5-0, Ghanpur Village and Mandal Jayashankar Bhupalpally District.

I PetitionunderSectionl5lCPCprayingthatinthecircumstancesstated in the affidavit titeO in supJort Ji..'," p"iition if," High Court may be pleased to drrect the Respondent N;;.i 1" 5 not to dispossess the petitioner from rhe property bearing U. bearing U.No r-+iii-Ol+1o an extent of 484 sq vards situated at Gandhi Nagar Gram shivar.

Gnanaiur Manoar.

Jayashankar Bhuparpa y District without following the due process "if'w' penOing disposal of the above writ petition' lA NO: 1 oF 2022 WP NO: 2543 oF 2022 I Between: AND Samba Murthy Bandla, S/o'Ramaiah Bandla' Aged.about 60 vears' Occ' Business Fl/o.H.No.384/D ffi;ffiffi aiJ2oEJ kutvuni Khini' Mancherial District. .,.PETITIONER The State of Telangana, Rep by its Principal Secretary' Revenue Department Secretariat, HYderabad' 2.

The District Collector, Jayashankar Bhupalpally District' 3.TheRevenueDivisionalofficer,MuluguDivisionJayashankarBhupalpally District 4.

The Tahsildar, Ghanapur Mandal' Jayashankar Bhupalpally District' 5.

The District Fire Officer, Jayashankar Bhupalpally District. ,..RESPONDENTS lA NO: 1 oF 2022 PetitionUnderArticle226oftheConstitutionoflndiaprayingthatinthe circumstances stated in tne aitiOavit filed therewith' the High Court may be oleased to issue un rppropiutl wiii' oto"r, or Direction more particularly one in i;:";;lr;; ;"w;i "i vr".,ort". ou"r"ins the action or the Respondent to dispossess the petitioner ltorn tn" house property bearing H No'1-44/1 6/1 to an extent of 484 sq.

Vu|.o, 'ii'"t"d 'i-C'nif i'Nagar Village' Ghanapur Mandal' Bhupatpaily District withouiifi;; "ny *1i"" and-without iffording an opportunitv to put forth their grievanc;';;ii;g;i'"ioit'"ty' violation of Article 14' 21 and of Constitution of lndia, ,p""iiror"riotation oi_ principles of natural justice and consequently direct the R"jd;j;ti "li;!,?l:i. t" to interfere with the peaceful possession and enjoyment of the above propeny' 1 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppori.it,,.'" p'iii,i"line"t-tigtr court mav be pleased to direct the Respondent Nos.2 t"' ;' ;;i io'Ji.po.r"r. the oetitioner from the propertv bearing H.No. ring H.No.1-4411 6/1 to an extent of 484 sq yard's situated at Gandhi Nagar V Village, Ghanapur Mandal, Jayashankar Bhupalpally District without following the due process of law, pending disposal of the above writ petition' WP NO: 25465 OF 2022 Betwee n: AND Gaddam Lakshmi, W/o.Chinna Ramulu Aged about 32 years, Occ' Housewife n/o.Ctrencnu Colony, Ghanpur Mandal' Jayashankar Bhupalpally District .,.PETITIONER 1.

The District Collector, Jayashankar Bhupalpally District 3.

The Tahsidlar, Ghanapur Mandal Jayashankar Bhupalpally District' 5.

The District Fire Officer, Jayashankar Bhupalpally District' ...RESPONDENTS IA NO: 1 OF 2022 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 an appropriate writ, order or Direction more particularly,one in ihe nature of Writ of Mandamus, declaring the action of the Respondent Nos.2 to 5 in trying to dispossess the petitioner from the house property bearing H No' i-44i2077 and H.No.1-44 t2Ol2 to an extent of 302.5 sq. yards situated at Gandhi ttagii village, Ghanapur Mandal, Jayashankar Bhupalpally District without issuing an/ notice 1nd without affording an opportunity to put forth their grievance as ileial, arbitrary, viotation of Articie 14,21 and 300-A of Constitution of lndia, apart froir violation of principles of natural justice and consequently direct the Respondent Nos.2 to d not to interfere with the peaceful possession and enjoyment of the above ProPerty 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 theRespondentNos.2to5nottodispossessthepetitionerfromtheproperty bearing H,No.1-44t2017 and H'No. and H'No.1- 44l2ol2 to an extent of 302'5 sq, yards situate-d at Gandhi Nagar Village, Ghanapur Mandal, Jayashankar Bhupalpally District without following the due process of law' pending disposal of the above writ petition.

3 I 4 WP NO: 25472 OF 2022 Between: Gaddam Maraiah, S/o.

Pedda Hanmanth, Aged about 46 years, Occ.

Agriculture, Rl/o.Ghanpur Village and lr/andal, Warangal District. .,.PETITIONER AND '1 .

The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

The Distrjct Collector, Jayashankar Bhupalpally District.

The Revenue Divisional Officer, Mulugu Division, Jayashankar Bhupalpally District.

The Tahsidlar, Ghanapur Mandal, Jayashankar Bhupalpally District.

5.

The District Fire Officer, Jayashankar Bhupalpally District. ...RESPONDENTS Petition under Arlicle 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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent Nos.2 to 5 in trying to dispossess the petitioner from the house property bearing H.No.1- 4412016 to an extent of 513 sq. yards situated at Gandhi Nagar Village, Gflanapur Mandal, Jayashankar Bhupalpally District wlthout issuing any notice and without affording an opportunity to put forth their grievance as illegal, arbitrary, violation of Article 14, 21 and 300-A of Constitution of lndia, apart from violation of principles of natural justice and consequently direct the Respondent Nos.2 to 5 not to interfere with the peaceful possession and enjoyment of the above property. lA NO: 1 OF 2022 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 Nos.2 to 5 not to dispossess the petitioner from the property bearing H.No.1-44120/6 to an extent of 513 sq. of 513 sq. yards situated at Gandhi Nagar Vlllage.

Ghanapur N4andal, Jayashankar Bhupalpally District without following the due process of law. pending disposal of the above writ petition.

Gundarapu Devendra, W/o.lndraiah Aged about 44 yearc, Occ .

Housewife R/o.Mamunuru Camp, Warangal Warangal District. ...PETITIONER /l / WP NO: 25669 OF 2022 Between: I AND The State of Telangana, Rep. by its Principal Secretary' Revenue Department Secretariat, HYderabad.

The District Collector, Jayashankar Bhupalpally District' 3.

4, The Tahsidlar, Ghanapur Mandal Jayashankar Bhupalpally District.

The District Fire Officer, Jayashankar Bhupalpally District' IA NO:1 OF 2022 WP NO: 25840 0F 2022 Between: Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of tne petition, in" Higt' Court may be pleased to direct in. iurponO"nt Nos.2 to'S not io dispossess the petitioner from.the. property bearing H.No.1-4415/8 to an-extent of 605 sq yards situated at Ward No 1 ' Gandhi N;;;;"C;; Panchavat' M"il;;;; Grama dhivar' Ghanpur lvlandal' Javashankar Bhupalpally District without following the due process of law' pending disposal of the above writ Petition.

1 ...RESPONDENTS PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe circumstances stated in in" "ttiourit filed therewith, the High court may be oleased to issue un upprop,iut" Writ, Order or Direction more particularly one in i;:"ffi;;;wit "i r,/lllo#ri, oecraring the action of the Respondent Nos.2 to 5 i.irvi"g t" oirfo.."r. tne peiitionet tr6m fn9 house propertv b9a!19 H No l- 441518 to an extent ot oos1q.-vards situated at ward No.1, Gandhi Nagar Gram pun.nryut, lt/ailaram e |.rrnl Sii'a|., Ghanpur Mandal' Jayashankar Bhupalpally District without issuing uny notrcu and without affording an opportunity to put forth their grievance as illegati u-|. egati u-|.['ti'iy' violation-of Articles 14' 21 and 300-A of Constitution of lndia, ,p;tt f';; uiolution of principles of natural justice and consequentlydirectthenu.pono"ntNos'2toSnottointerferewiththepeaceful possession ind enjoyment of the above property Kandukuri Ram Murthi, S/o.Veera Chari Aged about 31 vears' Occ ' Business R/o.Ransarao Patti, cnanpuiiriaid;ii;dsna;kJr Bhu[alpalli District l AND ...PETITIONER The State of Telangana' Rep' by its Principal Secretary' Revenue Department Secretariat, HYderabad.

The District Collector, Jayashankar Bhupalpally District 1 i tl vl I 6 The Revenue Divisional officer.

Mulugu Division Jayashankar Bhupalpally District.

4TheTahsidlar,GhanapurMandalJayashankarBhupalpallyDistrict 5.

The District Fire Officer, Jayashankar Bhupalpally District' ...RESPONDENTS IANO:1 OF 2022 PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue an approiriate Writ, Order or Direction more particularly one in irr" n-xrru of Writ of rvr'anoamus, declaring the action of the Respondenl Nos 2 to 5 i.iivi.i'1" oi.for."r. the peiitioner fr6m the,house propertv.bearing H:No'1- qqisigio an exient of 37a.5i sq. yards situated at Ward No'1' Mailaram Grama Shivar, Gandhi t,tagar Gram ' Panchayat, Ghanapur lVlandal, Jayashankar eh;priprlly oistrict without isiring "ny noiite and without affording an opportunitv to put forth their grievance-".lii"g;r, "rbitrury, violation of Article 1 4, 21 and 300-4 of Constitution of lndia, ,p",t iri,. violation of principles of natural .justice and .".rlqr".trv direct the RJspondent Nos.2 to 5 not to interfere with the peaceful possesston and enjoyment of the above property' 3 PetitionunderSectionl5lCPCprayingthatinthecircumstancesstatedin the affidavit filed in support of the petition, ff'" Xigf' Court may be pleased to direct ir,e R".pono"nt Nos.2 to 5 not io dispossess the petitioner from the property tea.ing H. tea.ing H.No.1-4415/9 to an extent ot 374'54 sq yards situated at Ward.

No l ' Mailaram Grama Shivar, -Candhi Nagar Gram Panchayat, Ghanapur Mandal' irv".r.rr"r"r. ghupalpally Diiirict witl.rorlt following the due process of law' pending disposal of the above writ petition' Counsel for the Petitioner(in all WPs): SRI TERA RAJINIKANTH REDOY Counsel for the Respondent Nos'1 to 4(in all WPs): GP FOR REVENUE Counsel for the Respondent No'S(in all WPs): GP FOR HOME The Court made the following: THE IION'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION Nos.25296, 25439, 25465, 25472, 25669 AND 25840 of2022 COMMON ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleacler for Revenue appearing for the respondents.

Since the issue involved in these r.r'rit petitions is similar, all these writ petilions are disposed of b1'a common order.

The grievance of the petitioners in all these writ petitions is that they are in possession of various extents of land situated in Gandhi Nagar Village, Ghanpur Mandal Jayashankar Bhupalpally District.

Having constructed their houses, all the petitioners are in possession of their respective houses by virtue of their registered sale deeds.

It is also the case of the petitioners that the said houses are assessed to tax and they have been paying propert-v tax to their respective Gram Panchal'ats.

While so, the respondents plnc:ing rtliitttc.t-rlti the proceedings issued bv respondent No.2 irl Rc.No.E2l475 3 /2015, dated 15.06.2016, are trying to dispossess the petitioners from their respective houses. ., 3.

According to learned counsel for the petitioners, as per the proceedings dated 15.06.20 I6, the land situated in Survey Nos.2O4 admeasuring Acs.2.O0 situated at Mailaram Village, Ghanpur Mandal, u'as allotted lor construction of neu' Fire Str.rtion.

It is furrhcr contended that though the subject land, ri hiclr i. i hiclr i. rn occtlpzttion of thc pctitioncrs in this batch of nratters, is notl-ring to do r,l'ith the said land and the houses ol the petitioners are situated in Ghanpur Village, the respondents are trying to dispossess the petitioners by placing reliance on the said proceedings dated 15'06 2016 issued by respondent No.2.

Learned Assistant Government Pleader for Revenue, on instructions, submitted that land admeasuring Acs'2 00 in Survey No.204 situated at Mailaram Village, Ghanpur Mandal' was allotted for construction of new Fire Station through procecdings dated 15.06.2016 and the said land was handed over to the Stariot-t Fire Officer, Cihanpur, under a cover o[ parnchanama, clated 1,7.O8.2O16, by the Mandal Revenue Inspcctor, Ghanpur, but thc rvork of construction has not yet been taken up and the land is lying vacant' It is further stated that during the field enquiry, encroachments over the said land were noticed and while the respondents were taking steps by I 3 proceedings u nder the Telangana Lan<l 'the Acr, l90Sl, rhe petitioners have approached this Court with a view to interdict the legal proceedings that are initiated against them.

From the submissions made on behalf of learned Assistant Government pleader, it is evident that the land which is said to be allotted for construction of Fire Station is in occupation of some third parties and a iegal process is sought to be initiated for evlcting the persons who encroached into the said land by initiating the proceedings under the Act, 1q0S.

The contention of the petitioners that. the' have bee. ir.r possession of the sul>ject land bv constrLrcting their respcr.rivc houses is not denied.

6.

In view of the same, the writ petitions are disposed of directing the respondents not to interfere with the peacelul possession of the petitioners subject houses or dispossess them from their respective houses without following due process of law. ss of law.

Miscellaneous petitions, if any, pending in the writ petitions shall stand closed. rnlttatlng the Encroachmen t Act, 1905 (for short, SD/-K.VENKAIAH ASSISTANT REGISTRAR // TRUE COPY // L.' SECTION OFFICER The Principal.Secrelary, Revenue Department, State of Telangana, Secretariat, Hyderabad.

1 To 2 3.TheRevenueDivisionalofficer,tvluluguDivision,JayashankarBhupalpally.

District. +. irri'iansiolar, Ghanapur Mandal, Jayashankar Bhupalpally District.

5. iii; b;il;Fii" otriCe,, Javashankai Bhupalpallv District 6.

Two CCs to the Cp # h"'i*rl ri[t' C"irt i"r ihe State of Telangana.[OUT] 7. rwo CCs to the GP f;; ij;;;: Hign 69'4 for the State of Telansana [oUT] 8. o;; cc td srile. najaniiaritn freddv' Advocate [oPUc] 9.

Two C.D.

CoPies 10.

One SPare CoPY.

MRC SW 4"..- I I' 8 \ \ HIGH COURT DATED: 17-06-2022 COMMON ORDER WP Nos.25296, 25439' 25465, 2547 2, 2s669 & 25840 0F 2022 DISPOSING OF ALL THE WRIT PETITIONS JUL 202 2 TA ).q S E H 1 o t a) o f_ P E7 I .v"