C. Rama Krishna v. The State Of Telangana
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[ 32e6 J HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETI TION NO:36891 OF 2024 Between:
p_fgq1t{rlsrrna, S/o C. Aljflq!,4Sed 51 years, Occ. Business, Rt/o H.No. 3-721161P, Near DpS Schoot; pJR Nigar, fn'ajagubr,-nr"g, R"diiy Oi.tri&." ...PETITIONER AND
1. The State of Telangana,. R9p by its principal Secretary, Revenue - gepqrtment, Secretaria-t, Hyderabad. '
2. The District Collector, Randa Reddv District.
3. The Revenue Divisional Ofricer, Rahqa Reddv Distri"t. 4 The Deputy coilector and rahsirdar,-seritingimpiiry Mandar, Seriringampaily, Ranga Reddy District.
...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ order or direction, particurarry in the nature of Mandamus declaring the action of the respondent No.4 in interfering with the possession and enjoyment of the petitioner in respect of property bearing H.No. 3-721161P on Plot No. 16, Sy.No.27, admeasuring 100 Sq. yards, situated at PJR Nagar, Khajaguda Viilage, seriringampa[y Mandar, Ranga Reddy District as illegal, arbitrary and u nconstitutional and violation of Art. .14, .19 and 300-A of the constitution of lndia and consequenfly direct to the respondents not to interfere with the possession of the petitioner with respect to house bearing No. 3-72t161p on Plot No. 16, Sy.No.27, admeasuring 100 Sq. yards, situated at pJR Nagar, Khajaguda Village, seriringampaily Mandar, Ranga Reddy District in any manner
lA NO: 1 OF 2024 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 Respondents not to interfere with the possession of the petitioner over the, house bearing No.3-72116/P on Plot No. 16, Sy.No.27, admeasuring 100 Sq. yards, situated at PJR Nagar, Khajaguda Village, Serlingampally Mandal, Ranga Reddy District in any manner Counsel for the Petitioner: SRl. c. SUNDARESAN Counsel forthe Respondents: GP FOR REVENUE The Court made the following: ORDER
THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY IVRIT PETITION No.36897 OF 2024 ORDER:
This Writ Petition is filed seeking to declare the action of respondent No.4 in interfering with the possession and enjoyment of the petitioner in respect of property bearing House No.3-72/16/P, Plot No. 16, admeasuring 100 sq.yards., 1n Sy.No.27, situated at Khajaguda Village, Serilingampally Mandal, Ranga Reddy District, as illegal and arbitrary and for other appropriate reliefs. 2.
Conside red the submissions of the learned counsel for the rcspective parties and with their consent this writ petition is disposed of at the admission stage 3.
It is stated that the petitioner is the owner and possessor o[ house bearing No.3-72116/P, admeasuring i00 sq. yards, situated at Khajaguda Village, Serilingampally Mandal, Ranga Reddy District, having purchased the same under a registered sale deed bearing document No.350 of 2015, dated 22.01.2015. It is also stated that after obtaining building permission lrom GHMC, he constructed a house and regularly paying the property tax to GHMC. It is further stated that despite the same, respondent No.4 has issued impugned notice vide No.B/1671/2024, dated 07.11.2024 under Section 7 of the Telangana Land Encroachment Act, l9O5 (for short, 'Act, 1905')
alleging that he has encroached land to an extent of 1OO sq. yards in sy.No.27 of Khajaguda Viltage. The grievance of the petitioner is that even though he submitted explanation d,ated. 24.12.2024 to the said notice, without considering the same, respondent No.4 is not only interfering with his possession but also trying to dispossess him from the subject property.
4.
Learned counsel lor the petitioner has contended that the petitioner has in fact purchased the subject property long back and the alleged encroached portion is not of recent origin. It is further contended that if the alleged encroachment of the petitioner is not of recent origin, the respondents are not having any power to invoke the provisions of the Act, 1905. Learned counsel also submitted that the petitioner has submitted explanation on 24.12.2024 to the impugned notice issued by respondent No.4, enclosing all the relevant documents, but respondent No.4 without considering the said explanation, is interlering with the possession of the petitioner in respect of the subject property.
5.
The issues raised herein are required to be adjudicated by the competent authoriry duly taking into consideration the explanation submitted by the petitioner. Since it is stated that the petitioner has submitted explanation to the impugned notice, enclosing al1 the documents in support of his claim, this Court without going into the
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merits of the case, deems it appropriate to direct respondent No.4 to pass a reasoned and speaking order, in accordance with law, after considering the explanation and the supporting documents submitted by the petitioner. Till passing of the speaking order, the respondents aie directecl not to initiate any coercive action against the subject property of the petitioner in any manner.
6.
With the above direction, this Writ Petition is disposed of. As a sequel, miscellaneous applications pending if any, shall stand closed. No costs.
SD/-A.V.S. PRASAD ASSISTAN REGISTRAR //TRUE COPY// SE ON OFFICER o, \ The Principal Secretary, Revenue Department, Secretariat, T.S,Hyderabad. The District Collector, Ranga Reddy District. The Revenue Divisional Officer, Ranga Reddy District. The Deputy Collector and Tahsildar, Serilingampally Mandal, Serilingampally, Ranga Reddy District.
One CC to SRl. G. SUNDARESAN, Advocate [OPUC] Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies q 7.
BM LS w
I HIGH COURT DATED:3111212024
ORDER
HE ST4 t6WP.No.36891 of 2024 ou 0 5 FrB 2[25 z C) L * DE,:IPATC DISPOSING OF THE WRIT PETITION WITHOUT COSTS I v "*(^