The High Court disposed of two PILs regarding encroachment on government land in Hyderabad. Observing that specific parties were aggrieved by the Tahsildar's order for removal and had filed separate appeals, the Court declined to intervene further.
Writ petitions disposed of along with pending applications; no direction issued to evict encroachers.
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.
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction)
THURSDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI AND THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WP(PlL) Nos. 15 & 23 OF 2020
WP(PlL) No. 15 of 2020:
Between:
A. Sampath Kumar, S/o. A. Surender, Aged 29years, Occ. Bussiness,Executive Member, Mudiraj Yuvajana Sangam, R/o. H.No. 18-2-111lsla, Jangammet, Falaknuma, Hyderabad, Telangana State- 500 053.
..PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitutron ofIndia prayingthat in the circumstances stated in the affidavitfiled therewith,the High court may be pleased to issue an appropriate writ order or directionmore particularlyone in the nature of writ of [,4andamus declare the action of theofficial respondentsnot taking any action against the unofficial respondents whograbbed the Governmentlandand constructing building in Ward No. 261,Block- G,admeasuring595 Sq.Yards situated at Jangammet, Kandikal Village,Bandlaguda Mandal, Hyderabadis illegal' arbitrary, unco nstitutiona I and violationof Articles 14, '16 and 300-Aof constllution of lndia and consequently direct the officialrespondentsto protectthe government land.
lA NO: 1 OF 2020
Petition under section 151 CPCprayingthat in the circumstancesstated in the affidavit filed in support of thepetition,the High Court may be pleased to direct the respondents to stop theillegal and unauthorizedbuilding construction in Government land at ward No. 261,Block-G, admeasuring595 Sq. Yardssituated at Jangammet, Kandikal Village,Bandlaguda[t/landal,Hyderabad.
Counsel for the Petitioner: SRIK. SRINIVAS LEARNEO COUNSEL FOR PETITIONER Counsel forthe Respondent Nosl to3: GP FOR REVENUE(TG) Counsel for the RespondentNo.4: SRI PASHAM KRISHNA REDDY'
Counsel for the RespondentNos. 5 to 8: NONE APPEARED
STANDING COUNSELFOR GHMC.
Contd. . .
?
WP(Pll) No. 23 OF 2020
Between:
G. Rajender, S/o. Late Laxmaiah Aged about 51 years, Occ. Business, R/o. H.No.18-2-358, Jangamet, Falaknuma, Hyderabad
AND
...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 rssue an appropriate writ order or direction more particularly in the nature of wRlr oF MANDAIVUS under Article 226 ol lhe constitution of lndia declaring the action of the official Respondents not taking any action against the unofficial respondents who trespassed into the Government land in Ward No.261, Block G, Extent of 595 sq yards, at Jangamet Abadi, Kandikal Village, Bandlaguda Mandal, Hyderabad is illegal, arbitrary, unconstitutio na l, violation of Articles 14,2j and 300-4 of constitution of lndia and consequently direct the Respondents to evict the encroachers from the government land in Ward No.261, Block G, Extent of 595 sq yards, at Jangamet Abadi, Kandikal Village, Bandlaguda Mandal, Hyderabad.
lA NO: 1 OF 2020
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 pteased to direct the Respondents to consider the representation of the Petitioner daled: 02-12-201g and dated 31-12-2019 and to evict the encroachers from the government land in Ward No.261, Block G, Extent of 595 sq yards, at Jangamet Abadi, Kandikal Village, Bandlaguda Mandal, Hyderabad till the disposal of the present W.p. plL.
Counsel for the Petitioner: SRI M.A.K. MUKHEED
Counsel forthe Respondent Nos. 1 to 3: Gp FOR REVENUE
Counsel for the Respondent No.4: GP FOR HOME
Counsel for the Respondent Nos. 5 to 8: NONE APPEARED
The Court made the following: COMMON ORDER
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION(PIL) Nos. l5 and23 of 2020
COMMON ORDER: (Per the Hon'ble the Chief Justice Hima Kohli)
l. Mr. K. Srinivas, Iearned proxy counsel appears on behalf of learned counsel for the petitioner in W.P (PIL) No. l5 of 2020.
pending applications, if any.
SD/.T.KRISHNA KUMAR ASSISTANT REGI ,TRUE COPY//
SECTI N OFFICER
To,
a.----
HIGH COURT DATED:0410212021
COMMON ORDER
WP(P|L). Nos.15 and 23 of 2020
Disposing of the Writ Petitions.
lHE S
12 TEENN
LD)rl
u
3 issues framed by the court
Whether the High Court should direct eviction of encroachers from government land.
Whether to entertain PILs filed by aggrieved private parties pending adjudication of their own appeals against the Tahsildar's order.
Whether appropriate action has been taken to remove encroachment on vacant government land.
2 provisions across 2 enactments
A. Sampath Kumar
G. Rajender
The State of Telangana
District Collector, Hyderabad District
Tahsildar, Bandlaguda Mandal
S. Pushpamma
Hima Kohli
B. Vijaysen Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
