Smt. Garlapati Yadamma, Vs The State of… — Writ and Judicial Review | Telangana HC (2025)

Smt. Garlapati Yadamma, Vs The State of… — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Direction to the respondent authorities not to dispossess the petitioners or demolish the structures raised on the subject property without following the due procedure contemplated under law, subject to the condition that the petitioners shall not carry out further construction without permission from the competent authorities; no order as to costs; pending miscellaneous petitions, if any, stand dismissed as sequel.

Issue for consideration

Whether the respondent authorities may dispossess the petitioners or demolish their houses in Plot Nos.120, 121, 38, 110 and 108 in Sy.No.636, Mamillagudem, Nalgonda Town and District, without following the due process of law.

Court's answer

Recording the submissions of learned counsel on either side, the writ petition is disposed of with a direction to the respondent authorities not to dispossess the petitioners or demolish the structures raised on the subject property without following the due procedure contemplated under law.

Ratio / Principle

It is made clear that the petitioners shall not carry out any further construction without permission from the competent authorities.

Detailed headnote1 paragraphs

Writ Petition No.37760 of 2016 (High Court for the State of Telangana at Hyderabad; Justice N.V. Shravan Kumar; order dated 16.04.2025): Five labourer-petitioners, holders of house-site pattas granted in 1997-99 by the Tahsildar, Nalgonda over an extent of 80 cents in Sy.No.636, Mamillagudem, Nalgonda Town and District, on which they had constructed residential houses, sought a mandamus restraining demolition after respondent authorities, on 06.10.2016, attempted demolition on the ground that the subject land had been purchased by the Postal Authorities. Noting that in similar circumstances the Court in W.P.No.11171 of 2015, decided on 20.06.2024, had directed respondent authorities not to dispossess the occupants or demolish structures on the subject property without following the due procedure contemplated under law, and recording that the learned Assistant Government Pleader for Revenue and the learned Assistant Government Pleader for Assignment reported no objection to passing a similar order, the Court disposed of the writ petition with a like direction, while making clear that the petitioners shall not carry out any further construction without permission from the competent authorities. No order as to costs; pending miscellaneous petitions stood dismissed as sequel.

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

WEDNESDAY ,THE SIXTEENTH DAY OF APRIL . TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUII4AR

WRIT PETITION NO: 37760 OF 2016

Between:

Smt. Garlapati Yadp;nma, Wo.G. Shekar, Aged about_40^{years,Occ Labour} Rio.Plot No.120, Mammilagudem, Nalgonda Town^{and District.}

Smt.Perika Shankarqmma, Wio.P Shobhan^{Babu,Aged about 37 years, Occ} s. Smt. Labour, R/o.Plot^-canguii er4;i, No.^121, Wo.Q.Veikategli*ar[u, Mammilagudem,^Nalgonda Ag-ed^Town about^{and 35 District.years, occ} Labour,^{Ry-o.plotNs.38,} Mammilagudem,^Nalgonda Town^{and pistrict.}

Mavalapaka Ramakrishna, 9/o.Bakkaiah,^{Ag6d about 38 yea;s, OccLabour'} Rlo Plot No.110, Mammilagudem,^{Nqlgqnda Town and District,}

Malekha Khatool, 'qV/o. lr/ld.Muneer, Aged^{about 32 yearsi, Occ Labour,} R/o.Plot No.108, Memmilggu(em,^NalgqndaTown and^plqtrict'

i.PETITIONERS

AND

1 The State of Telangana, Rep.by its^Principal Secretary,^{Revenue Department,} Secretariat Buildings,^HyQerabad.

2 The District Cpllector, Nalgonda District., J The Revgnqe Divisional Officer, NalSQnqq,,^- 4 Sri. Venkataphlary,' Rgvenue^{Divisional Officer,Nalgondq.,} 5 Tahsildhar, Nalqonda, Nalqonda District,^- t) Union of^{lndia,-Rqi.by its Uniler Secretary, Ministryof Postal Service, New} Delhi.

7 Pgstal $upetlntendent,^Department of^Posts and,^{Teleqommunications} Nalgonda Diqtrict

...RES'oNDENTS

Petitiqn^{under A(icle 226 pf} the^{Cqn$titution of lndia praying that in the} circum$tanQe$ statred^{in 'the} affidivit^filed fherewith, the^{High Courtmay be} pleased'to lisue or:der or Cirection more^particularly one in the Wril of^Mandamuq, to dire-ct thb respondents not to demqliEh^{Petitioners house$} in^plotNos' 120,121,38,110 ana tOq respectively in Sy.No.636^{Mammilagu{em,Nalgonda} Town and Qistrict without following the due^{by declqring the action of Respondent} in doing the same withogt following^{process of law by declaring} the^{action of} Responbents in doing the same without^{following due proqessof law as highly} illegal, arbitraJy apdl frorn violation of^{Article 14 and21} Constitution^{of lndia}

l.A. NO: 1 OF 2016^(WPMP. NO: 46522 OF 2016

Petition under Section 151 CPC^praying that in thb circumstances^statedin the affidavit filed in support of the^petition, the High Court^{may be'. pleased direct} the respondenis not to demolish Petitioners' houses^{in plotNos.12-0,121} ,^{38, 110} & 108 respectively in Sy.No.036, Mammilagudem,^{NdlgondaTo'fun and District} without following the due^process

I.A. N :1 OF 2017 WVMP. NO: 2293 OF 2017

Between:

1 !n!9! 9f lndig Rpp,by i!-s Undqr Secretary, Ministry^{of Postql Service, New} Delhi

2 Postal Superlntendent, Departmeot of^Posts and,^{Telegommunications} Nalgqnda District. ...PETITIQNERIRESPqNDENT-RESPoNDENT No.6&7

AND

1 . Smt. Garlapati Yadamma, V!/o Q. Shekqr, Aged about^{40 yeprs,OccLabour} R/o.Plot No.120, Mammilagudeim,^{Nalgonda TQwn} and^District

2 . Smt Pertka Shankaramma, Wo,P.Shpbhan Babu, Aged about^{37 years. Occ} Libour, R/o Plot Nq.121, Mammilagudem, Nalgonda^{Town and} District.

1. Smt. Gangula Padma, Wo.G,Venkateshwarlu, Aged about^{35 years, Occ} Laboui,^{R/o.Plot No.38,} Mammilagudem,^{Nalgonda Townand District.}

4 Sri MayalaBaka^{Ramakrishna, S/o.Bakkaiah.Aged about38 years,Occ} Labour; R/o Plet No¹ 10,'Mammilagudem, Nalgonda^{Town anC District.} Smt Malekha Khatqol, Wo. Md.Muneer, Aged^{about 32 years,Occ Labour,} R/o.Plot No,108, Mammilagudem, Nalgqoda Town and^District,

The $tate o[Telangbna, Repby its Pincipal 8ecretary. Reveriue^Department. Secretariat Buildings, Hyderabad.

. The DiSlrict Collector, Nalgonda District., . The Bbvenue^ Pivisional Qffiqer, Nalgpnda.,^-

7oI

Sii. Vbnkatabhbry, Revenue Siyisionql Ofiicer, Nalgonda ,

1 0 Tahsildhar. Nalgonda, Nalgonda District,^-

..,RESPONPENT/VYR|T PETITIONER9-RESPoNDENT^{Nos.1 -5}

Petition undgr Segtion 1t1 q?C praying that in the circumstgnces statedⁱ¹ the affidavit filed in support of the petition, the High Court may be^{pleased vacate} the interim grder {ated 0311112016 iqr W.F No. 37760 of 20'16 Passed^by this Hon'ble Court and to dismiss the writ^petition

Counsel for the Petitioner: SRl. SARAMPALLY MRUDULA Counsel for the Respondbnt Nos. 1iq5: GP FOR REVENUE c o u n sq r f o r th e Re$^po n d e n t N os. *. t;:l SiBi ij$[?._i ffi 6 ]r'r o, o

The Court mede the following: ORD-ER

HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.3776O of 2OL6

ORDER:

This writ petition is hled seeking the following^prayer:

"...to direct the respondents not to demolish the Petitioners hozses in Plot Nos.120, 121, 38, 11O and lOB respectiuelg in 59.No.636, Mamillagudem, Nalgonda Town and district uithout follouing^tLLe due process of latr bg decloring the action of the 3rd and 6th respondents 4th and 7th respondent in indiuidual capacitg in demolishing tLrc Petitioners houses as illegol"

The facts of the case in brief are that^{petitioners are} labour by occupation and since they had no shelter,^made applications for house sites before respondent No.5.^Thereafter, respondent No.S granted house site^pattas to an^extent of⁸⁰ cents during the year 1997 -99 in Sy.No.636,^{Mamillagudem,} Nalgonda town and District. Thereafter,^petitioners constructed houses and living in the said residential houses. While so,^on 06. 10.20 16, respondent authorities approached^{petitioners and} tried to demolish the houses of the^petitioners on^{the ground} that subject land was purchased by the Postal Authorities. It^is further submitted that in the event of demolition of^petitioners' houses, petitioners will be put to irreparable loss and^damage.

E <r.

t'

2

Challenging the said action of respondent authorities, the present writ petition is filed.

Today, when the matter is taken up for hearing, learned counsel for the petitioner submits that this Court in similar circumstances in W.p.No. 11171 of 2015 dated 20.06.2024 has disposed of the writ petition with a direction to respondent Nos.2 to-$'therej* not to dispossess the petitioners or demolish the structures raised on the subject properfy, without following the due procedure contemplated under law. Learned counsel for the petitioner prays this Court to pass similar order.

Learned Assistant Government pleader for Revenue as well as learned Assistant Government pleader for Assignment reports no objection in passing similar orders.

In such view of the matter, recording submissions of learned counsel on either side, this Writ petition is disposed of with a direction to respondent authorities not to dispossess the petitioners or demolish the structures raised on the subject property, without following the due procedure contemplated under law. It is also made clear that the petitioner shall not

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carry ar:y further construction without any permission from the competent authorities.

Accordingly, the Writ Petition is disposed of. There shall

be no order as to costs.

As sequel to it, Miscellaneous Petitions, if any pending, shall stand dismissed.

//TRUE COPY'

SD/-P. PADMANABHA^REDDY DEPUTY REGISTRA SECTION OFFICER

To,

1 The Prinqipal $qcretary,^{RevenueDepartmht, SecretariatBuildings,} T.S..Hvderabad.

The Di'stdct Cqllectqr,^{Nalgon(aDistrict'} 3 The Revenue Divisi'onal^{Officer, Nalgonda}

4 Tahsiidhar,^{Nalgoqda, Nalsonda Districl} ; i[; tj;;;S"d"ta,v,'urid;i-rna'',^{Mii'ittt.v-orPostalservice'NewDelhi-.} ;. P'dil"HpP,lrt.jniidtt,':ij'Jiii;i..;;i"6i^{i'bsts dnd' relecommunications} Nalqonda^Dlskict.

?. ffi B"Cdi; Shi.'SanaupnLLY^{MRU DU LA Adv-ocate toPUCl} i. Y,ijI EEit"-ep^{FtinriLvritruE-',iligh-c.rrtfqr the'State 6f relansanaat} e Hvderabad 6i,;C'd 6 [QUT]5{r^{'qaol PRAVEENKuMARDY sollclronGENERALoF} rNDrA [qPUCl

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HIGH COURT

DATED:1610412025

ORDER

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WP.No.37760 of 2016

DISPOSING OF THE WRIT PETITION WITHOUT COSTS