Bheemarapu Rajaiah Vs The State of Telangana

Bheemarapu Rajaiah, S/o. lGnakaiah aged about 65 years, Occ: agriculture, r/o H.No.^.1-95/9, Lyadalla village, Damera Mandal Hanamkonda District 506 OOB TG

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...PET]TIONER

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AND

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1 . The State of Telangana, Rep. its Principal Secretary Panchayath raj Department Secretariat Hyderabad.

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The Chief Commissioner of Land Administration, Government of Telangana, Hyderabad

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The District Collector, Hanamkonda District at Hanamkonda

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The District Panchayath Officer,. Hanamkonda,Hanamkonda District.

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The Mandal Revenue Offrcer, Damera Mandal, Hanamkonda District

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The Grampanchayat Lyadalla, Represented by its Panchayat Secretary Damera Manda, Hanamkonda District, TG

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...RESPONDENTS

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Petition under Article 226 of tlre Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly, one in the nature of Writ of Mandamus declaring the action of the respondent no. 6 herein in issuing a notice dated 11fi12f25 through file no. GP.01/GPL to vacate petitioners House situated in Rural Nature Park, Lyadalla village, Damera Mandal, Hanamkonda District within a period of 07 days of receipt of said notice and consequently consider the regularization application made by the^petitioner dated 2610312022 by setting aside the impugned notbe No. GP.01/GPL dated 1 11712025 issued by the respondent No.6 forthwith.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC^praying that in the circttmstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court ray be^pleasedto direct the respondent no. 6 not to dispossess the^petitioner' from his^house bearing Number 1-95/9, Near Bus Stand, Lyadalla village, Damera Mandal, Hanamkonda District in Sy. No. 69718.12,^pending disposal of the above^Writ Petition.

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Gounsel for the Petitioner: SRI SANJEEV REDDY GILLELA Counsel for the Respondent Nos.1 & 4: GP FOR PANCHAYAI RAJ & RURAL DEV

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Counsel for the Respondent Nos.2,3 & 5: GP FOR REVENUE Counsel for the Respondent No.6: SRI K.PRADEEP REDDY, SC FOR MPPZPP

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The Court made the following: ORDER

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tttt^{!i t}

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THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI

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WRIT PETITION No.21560 of 2025

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ORDER:

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This Writ Petition is filed challenging the^notice No.GP.0I/GPL,^{dated 11.07.2025,issued by respondent No.6 to the} petitioner directing to^{vacatethe house situatedat Rural Nature Park,} Lyadalla Village,^{Damera Mandal, HanamkondaDistrict, which is in} his occupation,^{withina periodof 07 daysfromthe dateof receipt of} the said notice,^{as illegaland arbitrary and consequently, to direct the} respondents to consider^{his application dated 26.03.2022for} regularization^{by settingaside the impugnednotice dated 11.07.2025} issued by respondent^No.6.

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2 Leamed counsel for the petitioner^{submitted that the} petitioner is in occupation^{of the Govemment Landfor a long time, he} has constructed^{a house and he is in occupation of the same. It is} submitted that^{the petitionerhas been regularly paying the house tax} and electricity^{bills in respect of the said premises. Learnedcounsel} fbr the petitioner fufther submitted^{that the petitioneris being evicted} tiom the subject premises without following the due^{processof law}

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TMDJ wp_21560_2025

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2

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Learnecl Standing Counsel for Gram Panchayal, appearing for respondent No.ti, on instructions, submiffed that thr: petitioner is running a belt strop in the said house and when an enqrr ry was made, it came to light t.hat the petitioner is in occupation of tt(r Government land and therefole, the impugned notice dated 11.07.20i:\ was issued.

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After hearing the leamed counsel for both tle palties and after perusal of t.he documents filed along with the Wr 1 Petition, this Court finds that rhe petitioner has been paying house ta>. for the earlier years which appear to indicate that the petitioner is in Ltccupation of the subject prop(:rty. Therefbre, the respondents are dirr:r:ted to follow due process of law i[' they intdnd to evict the petiticner from the subject properfy.

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With the above dircctions, rhis Writ Petition ri disposed of. There shall be no order as to costs

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6 Miscellaneous applications, if any, pending in this Writ

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Petition, sha[[ sta.nd closed.

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SD/.A ASSI,P,#ili,AE8,SFRRI

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//TRUE COPYII

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To

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IS lON OFFICER ' 3[:J;'ii53l3:;::"nt^{Panchavath ral} oepartment, \tscretariat, Hyderabad,

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I

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2.TheChiefCommissionerofLandAdministration'GovemmentofTelangana' Hvderabad

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s. ifrJ"Dtiri"t^{collector,Hanamkonda District at Hanamkonda} ;: iii; Di;il;i^{Funit ivitnbnicJi,Hanamt<onda,Hanamkonda District'} ;. ii.l; ilJnoirn.irun,id^{oni#i-oamer.iMandal,Hanamkonda District} 6. iil; P;ilhryat^{Secretarv' GiahpanchayatLyadalla' Damera Manda'} Hanamkonda District,^TG

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