The Writ Court addressed a petition challenging the inaction of the Tahsildar regarding alleged illegal construction on private property. The Court held that disputes over private property with pending civil suits fall outside the scope of administrative direction to revenue officers.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO.24867 OF 2019
Date: 13.11.2019
Between:
Noor Jahan Begum w/o. Mir Ismail, Aged about 32 years, Occu: Housewife, r/o. H.no.19-4-281/C/357, Jahanuma, Sanjay Gandhi Nagar, Charminar, Hyderabad.
…..Petitioner
and
The State of Telangana, rep.by its Prl.Secretary, Revenue Department, Secretariat, Hyderabad and others.
…..Respondents
The Court made the following:
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HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO.24867 OF 2019
ORDER:
Petitioner claims to be the absolute owner of the house property bearing Municipal No.19-4-538/23/1 on plot no.23 admeasuring 114 square yards situated at Hashamabad, Bandlaguda, Charminar, Hyderabad, having acquired the same by virtue of a registered gift settlement deed, dated 17.08.2015. Petitioner alleges that unofficial respondents 3 and 4 with an intention to grab the property of the petitioner fabricated the documents and claiming to be the owners of house No.19-4-8/538, plot no.27/4 in Sy.No.251 and trespassed into the property of the petitioner and making unauthorized illegal construction. According to the petitioner, the land claimed by the unofficial respondents is in the limits of Fatimanagar, whereas the property of the petitioner is in Hashamabad limits. Therefore, the action of the unofficial respondents is illegal. In view of the said illegal encroachment and construction undertaken by the unofficial respondents, petitioner filed representation before the Mandal Revenue Officer/Tahsildar, Falaknuma, informing that illegally unofficial respondents are grabbing the property of the petitioner and undertaking construction and he should stop the construction work. Alleging in action on the said representation stated to have been filed on 26.10.2019, this Writ Petition is filed.
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taken immediate steps and not acting upon the representation is illegal.
___________________________ JUSTICE P.NAVEEN RAO
Date: 13.11.2019 kkm
PNR,J W.P.No.24867 of 2019
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HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO.24867 OF 2019
Date: 13.11.2019
kkm
3 issues framed by the court
Whether the Tahsildar can direct private parties to stop construction in a private property dispute where a civil suit is pending and dismissed.
Whether a Writ Petition is maintainable to direct the Revenue Officer to restrain unauthorized construction on land claimed by unofficial respondents.
Whether the petitioner is entitled to interim relief preventing illegal construction in the absence of a successful trial court decree.
Noor Jahan Begum w/o. Mir Ismail
The State of Telangana
P. Naveen Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
