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K.M. Jayalaxmi v. The State of Telangana

Telangana HC23 Jan 2025WP/11120/2023

Case brief

AI extract

What is this about?

Article 226 writ of mandamus; dispossession of dwelling houses without notice; direction to follow due process of law before any action; Tahsildar Quthbullapur Mandal; APSFC claiming purchase of Ac.33.00 gts. in Sy.No.308 and lease of Ac.238.28 gts. in Sy.No.307/1 from State Government; petitioners' possession under agreement of sale with photographs; Plot No.69 Sy.No.307/D and Sy.No.307, 500 sq. yards each, Devender Nagar, Gajularamaram, Medchal-Malkajgiri District; Section 151 CPC interim-relief plea; writ disposed without costs; title and entitlement expressly left open.

What did the court decide?

Writ petition disposed of with a direction to the respondents to follow due process of law before initiating any action against the petitioners over the subject lands; no order as to costs; miscellaneous petitions pending, if any, stand closed.

K.M. Jayalaxmi Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the action of respondent Nos.2 and 3 in dispossessing the petitioners from their dwelling house properties (Plot No.69 in Sy.No.307/D - 500 sq. yards; Sy.No.307 - 500 sq. yards, Devender Nagar, Gajularamaram, Quthbullapur Mandal, Medchal-Malkajgiri District) is illegal, arbitrary, unconstitutional and without due process, and whether the respondents should be restrained from dispossessing the petitioners. +1 more

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Court's answer

Without expressing any opinion on the right and entitlement of the petitioners, the Court disposed of the writ petition directing the respondents to follow due process of law before initiating any action against the petitioners over the subject lands, in accordance with law.

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Ratio / Principle

The Court expressly declined to express any opinion on the right and entitlement of the petitioners over the subject lands, leaving the title/possession contest with respondent No.3 undecided.

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Detailed headnote1 paragraphs

Writ Petition No. 11120 of 2023 (High Court for the State of Telangana at Hyderabad, Special Original Jurisdiction), decided 23-01-2025 by Justice C.V. Bhaskar Reddy: Two petitioners, claiming to have acquired ownership and possession under agreements of sale of dwelling houses - Plot No.69 in Sy.No.307/D (500 sq. yards) and Sy.No.307 (500 sq. yards) at Devender Nagar, Gajularamaram, Quthbullapur Mandal, Medchal-Malkajgiri District - alleged that the Tahsildar, Quthbullapur Mandal (R-2) and the Andhra Pradesh State Financial Corporation (R-3) were attempting to dispossess them without issuing any notice. R-3 contended it had purchased Ac.33.00 gts. in Sy.No.308 from the State Government and held Ac.238.28 gts. in Sy.No.307/1 on lease from the State Government, and seriously disputed the petitioners' possession and enjoyment of lands forming part of Sy.No.307. Noting that the petitioners had enclosed material papers and photographs showing possession, and without expressing any opinion on their right and entitlement, the Court disposed of the writ petition directing the respondents to follow due process of law before initiating any action against the petitioners over the subject lands in accordance with law. No order as to costs; pending miscellaneous petitions, if any, stood closed.

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, HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Speciat Originat Jurisdiction)

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THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI.JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 11120 OF 2023

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Between:

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K.M. J-ayalaxmi, W/o. Allam Tarak, Age 26 years, Occ. Household, Rl/o. plot No. 69. Devender Nagar, Gajularariaram, euthbullapur [/andal, ttteOcfrii IMalkajgiri District.

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Y.Soundharya, WJo. Y.Surya Narayana, Age 31 years, Occ. Household, R/o. 9_y.^{No, 307, Devender Nagar, GajulSramaram,} huthbullapur MdnOal, Medchal Malkajgiri District.

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...PET|T|ONERS AND

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The State of.Telangana, rep by its principal Secretary, Revenue Department, Secretariat, Hyderabad.

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The Tahsildar, Quthbullapur Mandal, Medchal Malkajgiri District. 3. Andhra Pradesh State Financial Corporation, Rep. by-its Chief General lVlanager, APSFC Complex, Abids, Hyderabad.

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...RESPONDENTS

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Petition under Article 226 of rhe 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 declare the action of the Respondents No.2 and 3 in dispossessing the petitioners from their dwelling house properties bearing plot No. 69, in Sy.No.307/D, to an extent of 500 Sq. yards and House property in Sy.No.307, to an extent of 500 Sq. Yards, of the 2nd petitioner, situated at Devender Nagar, Gajularamaram, Quthbullapur Mandal, Medchal Malkajgiri District is illegal, arbitrary, unconstitutional, without following due procedure of law and violating the principles of natural justice and consequently direct the Respondents not to dispossess the petitioners from the above said house properties.

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lA NO: 1 OF 2023

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Petition.under Section 151 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court may be^pleased to^direct the Respondents No. 2 and 3 not to interfere / dispossess the^petitioners from their dwelling house^properties bearing Plot No. 69, in S- No.307/D to an extent^of 500 Sq. Yards and l-louse property in Sy-No.307, to an extent of 5Cr0 Sq. Yards, of the 2nd, Petitioner, situated at Devender Nagar, Gajularamaram, Quthbullapur Mandal, Medchal tt4erikajgiri District,^pending disposal of the Writ Petition.

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Counsel for the Petitioners: SRI THADIKONDA KOTESHWARA PRASAD Counsel for the Respondents: GP FOR REVENUE

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE C.V. BHASKAR REDDY

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UIRIT PETITION No.1112O of2o23

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ORDER

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This writ petition is filed seeking to declare the action of respondent Nos.2 and 3 in dispossessing the petitioners from their dwelling house properties bearing Plot No.69, in Sy.No.307/D, to an extent of 50O sq. yards and house property in Sy.No.307 to an extent of 50O sq. yards, situated at Devender Nagar, Gajularamaram, Quthbullapur Mandal, MedchalMalkajgiri District, as illegal and arbitrary and consequently prayed for other appropriate reliefs.

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Considered the submissions of the learned counsel for the respective parties and perused the record.

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It is stated that petitioner No. I is the owner and possessor of house bearing Plot No.69, in Sy.No.307/D, to an extent of 5OO sq. yards and petitioner No.2 is the owner and possessor of house property in Sy.No.3O7, to an extent of 50O sq. yards, situated at Devender Nagar, Gajularamaram, Quthbullapur^{Mandal,Medchal-MalkajgiriDistrict,having} acquired under agreement of sale. The case of the petitioners is

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that respondent Nos.2 and 3 withoul^{issuing any rroticeare} making eflb:ts to dispossess them^{fromthe subject lands.}

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Learned counsel appearing for respondent^{I'1o.3 has} yehemently contended that respondent No.3 has^purchased the property to an extent of Ac.33.OO gts., in Sy.No.308 from the State Govr:rnment and Ac.238.28 gts., in Sy.No.307/ 1 of land was given o:r lease by the State Government and the entire land is in their possession. Learned counsel has seriously disputed the possess ion and cnjoyment of the petitioners over^r,he lands forming par, of Sy.No.3O7.

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Since it is the case of the petitioners that thev are the owners and possessors of the subject lands and they }rave also enclosed ma.tcrial papers and photographs to show thar- they are in possession, this Court without expressing any opinion on the right and^,:ntitlement of the petitioners deems it appropriate to dispose of the u,rit petition directing the respondents to follow due process of law before initiating any action against the petitioners c,ver the subject lands in accordancc with law.

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With l-he above observation, this Writ Pctition is disposed

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of. There shall be no order as to costs.

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As a sequel, the miscellaneous petitions pending, if any,

sha1l stand closed.

SD/.B. SARASWATHI

ASSI NT REGISTRAR

//TR,UE COPY//

ECTION OF FICER

l.ThePrincipalsecretary,RevenueDepartment,secretariat'Hyderabad'State of Telangana.

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z. ihe iir,iitoii, Qutnorttuprr^{Mandal, Medchaljt/alkatoiri District'} e. il;h;'P;;J;'$Siri;^{FiX;;;iJi'6"i'p6'rti".lCniei<l"enerarManager' APSFc} Complex, Abids,^HYderabad. 4 il;'6c 6 SriiiiiAbtKonbA^{KOTESHWARAPRASAD,Adrocate [oPUC]} 5. i;; ccrlo-e i^{Fon neVfruur,High court for the state of Telangana'at} Hyderabad. [OUT] t) Two CD Copies

PSK.

GJP

i i I I i i I I i l i I I I I I I i I Ii

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HIGH COURT

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DATED:2310112025

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