Smt. Bommali Saraswathi v. The State Of Telangana
[ 32s6 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 33368 OF 2024 Between:
Smt. Bommali Saraswathi, Wo. Late B. Shivaiah Aged about 70 Housewife No. B-2-293lB2lPLNl224, Padmalaya, Ambedkar Nagar, Jubilee Hills, Hyderabad - 500 096.
...PETITIONER AND years, OccNagar, Film
1. The State of Telangana, Rep By its Principal Secretary, Revenue Department Secretariat, Hyderabad.
2. The District Collector, Hyderabad District Lakdikapul Hyderabad - 500 004.
3. The Revenue Divisional Officer, Secunderabad Division Flat No.30B and 310 3rd Floor, DBS House - 1-7-43-46, Paradise Circle S.P. Road, Ramgopalpet Hyderabad - 500 003.
4. The Mandal Revenue Officer, Shaikpet Mandal Road No.2, Banjara Hills Hyderabad.
5. Smt. Seelam Yellamma, Wo. S. Laxman Age- Major
6. Seelam Renuka, Wo. S. Masaiah Age- Ivlajor R-5 and 6 are residents of Padmalaya Ambedkar Nagar, Film Nagar, Jubilee Hills, Hyderabad - 500 096 ...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 directions more particularly a Writ in the nature of mandamus declaring the action of the respondents, more particularly that of the respondent No.4 in not taking effective steps to stop the illegal construction undertaken by the unofficial respondent in the Government land in terms of my representation dated 09i't 112024 is challenged in this Writ Petition as being arbitrary, illegal and violative of Articles 14, 19 (1) (g), 21 and 300-4 of the Constitution of lndia and consequently direct the respondent No.4 to forthwith stop and demolish the construction undertaken by the unofflicial respondents by following due process of Law in respect of the land towards west of Premises
No.8-2-293182 lPLNt224, Padmalaya Ambedkar Nagar, Road No.78, Fitm Nagai, Jubilee Hills, Hyderabad admeasuring 200 sq yards. lA NO: 1 OF 2024 Petition under Section 'l51 cpc praying that in the circumstances stated in he affidavit filed in support of the petition, the High court may be pleased to direct the respondent No.4 to take necessary steps and ensure that no further construction is taken over land towards west of premises No.g-2-293t82tpLNt224, Padmalaya Ambedkar Nagar, Road No.7B, Film Nagar, Jubilee Hills, Hyderabad admeasuring 200 sq yards.
Counsel for the Petitioner: SRI VIJAY B PAROPAKARI Counsel for the Respondent Nos.1 TO 4: AGp FOR REVENUE Counsel for the Respondent Nos.S & 6: -- The Court made the following: ORDER
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.3336 8 of 2024 ORDER:
It is stated that the petitioner is in possession of the premises bearing No.8-2'2931 a2 IPLN 1224 situated at Padmalaya Ambedkar Nagar, Road No'78, Film Nagar, Jubilee Hills, Hyderabad. It is further stated that taking into consideration of the long possession of the petitioner' the said property was regularized in her favour' in terms of G.O.Ms.No.58, dated 22.09.
2015' It is further stated that when third parties are interfering with the possession of the petitioner over the subject property, a suit for perpetual injunction has been instituted by her uide filed O'S'No'3897 of 2027 on the flle of the VIII Junior Civil Judge, City Civil Court, Hyderabad and the said suit was decreed restraining the defendants therein and any other persons claiming through them from interfering with her possession over the subject property uide judgment and decree, dated 28-12.2023.
CVBR, J Wp_33368_2024 09.11.2024 seeking for taking steps for safeguarding the said government land. The grievance of the petitioner js that even after receiving the said application the respondent authorities are not conducting any enquiry and not taking any steps to safeguard the government land from the encroachers, to enable the colony people to utilize the said land as open space/children park.
2.
Conside red the submissions of the learned counsel for the petitioner and learned Assistant Government l)leader for Revenue appearing for respondent Nos. 1 to 4 and with their consent this writ petition was disposed at the admission stage. In view of the relief sought in this writ petition issuance of notice to tl-re unofficial respondents is dispensed with. 3.
In view of the submissions made by the learned counsel for the respective parties, this Court, without expressing any opinion on the right and entitlement of the petitioner over the subject property, is of the opinion that the ends of justice would be met if respondent No.4 is directed to conduct enquiry on the representation, dated 09.11.2024 submitted by the petitioner and after issuing notice to all the persons interestt:d and the persons affected by virtue of initiating any proceedings under
-) CVBR, J Wp 33368 2024 the provisions of the Telangana Land Encroachment Act, 1908, take appropriate steps for safeguarding the government land from the encroachments, within a period of four (04) weeks from the date of receipt of a copy of this order.
4.
With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.
5.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
/ \ SD/- P.CH.NAGABHUSHAM BA ASSISTANT REGISTRAR //TRUE COPY// SE TION OFFICER To The Principal Secretary, Revenue Department Secretariat, Hyderabad, State of Telangana.
The District Collector, Hyderabad District Lakdikapul Hyderabad - 500 004. The Revenue Divisional Officer, Secunderabad Division Flat No.308 and 310 3rd Floor, DBS House - 1-7-43-46, Paradise Circle S.P. Road, Ramgopalpet Hyderabad - 500 003.
The Mandal Revenue Officer, Shaikpet [Vlandal Road No.2, Banjara Hills Hyderabad.
One CC to SRI VIJAY B PAROPAKARI, Advocate IOPUCI Twp CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies Q t\rr PSK.
BSR
HIGH COURT DATED:2811112024 L 1P.F- S 14 rA a f
ORDER
0 3 Fr8 z0u5 o .t .{"
WP.No.33368 of 2024 * rl PA.iCHf-o DISPOSING OF THE WRIT PETITION WITHOUT COSTS.
(+ \ )-t-- \0