[2s86 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION NO: 16803 OF 2010 Between: AND 1 2 Smt Syed Mehjabeen Begum, W/o. Syed Burhanuddin, aged about 22 yearc, Occupation: Housewife, Rl/o. D.No.'15-1 8-117A., Maruthi Nagar, 4th Lane, G untur. ...PETITIONER The District Collector, Ranga Reddy District, Hyderabad The [Vlandal Tahsildar, Shamshabad lrilandal, Shamshabad, Ranga Reddy District. 3. The Panchayat Secretary, Sulthanpally Gram Panchayat, Shamshabad [\4andal, Ranga Reddy District. ...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 writ of Mandamus declaring the action of the respondents in trying to disposes the petitioner from the land in Sy No.'14011 admeasuring ac 0-05 gts and in Sy No.140/2 admeasuring Ac 0-09 gts totally to an extent of Ac 0-'14 Gts situated at Sulthanpally(V) Shamshabad(lM) Ranga Reddy District is illegal, arbitrary and violation of article 14,21 and 300-4 of the Constitution of lndia and against the principles of natural justice and consequently direct the respondents not to intefere with the peaceful possession of the petitioner land nor to demolish any structures in the petitioner land in Sy.No.140/1 admeasuring ac 0-05 gts and in Sy.No.140/2 admeasuring Ac 0-09 gts totally to an extent of Ac 0-14 Gts situated at Sulthanpally(V) Shamshabad(lv1) Ranga Reddy District. l.A. NO:2 oF 2010(WPMP. NO:211 63 0F 2010) 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 preased to grant interim direction directing the respondents not to disposess the petitioner from her lands not demolish the existing structure in sy No.140/.1 admeasuring ac 0-05 gts and in sy.No.140/2 admeasuring Ac 0-09 gts totaily to an extent of Ac 0-14 Gts situated at Surthanpaily(V) shamshabad(M) Ranga Reddy District pending disposal of the above writ petition. l.A. NO: 1 OF 201o(wvMP. NO: 5900 OF 2010) Between: The Panchavat Segrgtgryr Sulthanpally Gram panchayat, Shamshabad Mandat, Rang'a Reddy Distiict.--- -' ...PETITIONERY3'd RESPONDENT AND 1 Smt Syed Mehjabeen BeSyI, W/o. Syed Burhanuddin, aged about 22 vears. occup_ation : Hbusewife, -nyo. o. uo. is- r a-i i zA,- vJililri"N#;;' 41fi ffi ;: bUNIUT. ...RESPONDENT/PETITIONER The District Collector, Ranga Reddy District, Hyderabad The Mandal Tahsildar, Shamshabad lVlandal, Shamshabad, Ranga Reddy District. (Respondents2 & 3 herein are not necessary parties to this petition) ...RESPONDENTS 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 preased to vacate the orders passed by this Hon'ble court in w.p.No.16803 of 20.10 dated 19.O1 .2O1O by dismissing the Writ petition with costs. z J Counsel for the Petitioner: SRI TOTA TEJESWARA RAO Counsel for the Respondent No..t & 2: AGp FOR REVENUE Counsel for the Respondent No.3: SRt p.RAGHAVENDOR REDDY, SC FOR GRAM PANCHAYAT The Gourt made the following: ORDER THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO IIIRIT PETITION No.1680 3 of2O1O ORDER: This writ petition is filed seeking the following reliet ,,.... To declare the action of the respondents in trying to drsposes the petitioner fro.1^tf^e lald ;" Sy.NI.i+07t, ua-.i"r?i.,g Ac.O.05 gts. and in Sy-.No.140/2 admeasuring a..O.OS gts., totally to an extent of Ac.0.14 Gts, situated at Sulthanpally village,, Shamshabad Mandal, Ranga- Re-ddy Ol"t.-i i" ifiig"l, arbitrary and violation of article 14, 2r ind 3ooA of the con"i,t,it-., of India and against the principles of natural ji,rstic. ,"a "or".q.r",l y direct the respondents not to in-terfere wiih the peaceful possession of the petitioner land nor to demolish any "t.r.t,.,.." ln ihe petitroner land in Sy.No. 140/ 1, admeasuring a".O OS gt".-.rrj' i, Sy.fvo. t+O7Z admeasuring Ac_0.09-_ gts, totally to an" exteni of Ac.O. 14 Gts, srtuated at Sulthanpally village, S-hamshaUuJ -fr4""arf , Ranga Reddy District...,, 2. Heard learned Assistant Government pleader for Revenue appearing on behalf of respondent Nos. i and 2. No representation on behalf of the petitioner as well as respondent No.3. 3' The main grievance of the petitioner is that she is the owner and possessor of the land admeasuring Ac.O.05 gts. in Sy.No. 140/ 1 and Ac.0.O9 gts. in Sy.No. l4O/2, totalextent comes to Ac.O.14 gts., situated at Sulthanpally Village of Shamshabad Mandal, Ranga Reddy District, and the same was purchased through registered sale deed in the year 2010 by paying valuable sale consideration and since lhen she has been in possession and enjoymenl of lhe said property with absolute rights. However, respondent No.3 is trying to dispossess and demolish the structures raised by the petitioner in the above subject land without issuing any notice and without following 2 due procedure as contemplated under law. filed counter-affidavit, wherein it is stated have not tried to demolish the existing structures, but when the petitioner tried to take up construction of swimming pool in the above said lands, respondent No.3 has given notice and directed the petitioner to obtain permission from the concerned authorities. It is further stated that the respondents are not interfering or trying to dispossess or demorish the structures. 5. In view of the specilic averments made by respondent No.2 in the counter-affidavit, the respondents are directed not to dispossess the petitioner from the subject property without following due process of law. With the above direction, the writ petition is disposed of No costs. Miscellaneous petitions, shalI stand closed. if any, pending in this writ petition SD/. N. CHANDRA SEKHAR RAO ASSISTANT REGISTRAR //TRUECOPY/I <- - ta SECTION OFFICER 1. The District Collector, Ranga Reddy District, Hyderabad 2. The Mandal Tahsildar, Shamshabad (lVI) Shamshabad, Ranga Reddy District 3. The Panchayat Secretary, Sulthanpally Gram Panchayat, Shamshabad (lvl) Ranga Reddy District 4. Respondent No.2 that the respondents 6 !1.:. xnree. To, - - lonJ- 4. One CC to SRI TOTA TEJESWARA RAO, Advocate [OPUC] 5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT] 6. One CC to SRI P.RAGHAVENDOR REDDY, SC FOR GRAIv'l PANCHAYAT loPUCl 7. Two CD Copies BSR GJP xlI ii HIGH COURT DATED: 2210112024 ORDER t1 t+-'$ 1 r-) WP.No.16803 of 2010 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ^^.-?'"9 (9u\, W .,'.