T.Satish Babu Vs The State of Telangana

T.Satish Babu, S/o: T.Solomon, Aged 31 Years, Occ: Service,^{Rl/o FlatNo} 4O2, Arca Satya Residency- ll Bachupally^lVlandal, Qutubullapur^Mandal Ranga Reddy District

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1. A.Venkata Ravi Kiran, S/o: A.Babu Rao, Aged^{37 Years, Occ: Service,} R/o Flat No^'103, Arca Satya Residency- ll Bachupally^Mandal, Qutubullapur lVlandal Ranga Reddy District

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K.Srinivas Rao, S/o: K.Anjaiah,^{Aged 42 Years, Occ: Service,Rl/o Flat No} 40i, Arca Satya Residency- ll Bachupally^Mandal, Qutubullapur^Mandal Ranga Reddy District

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K.Srujan Reddy, S/o: K.Ganga Reddy, Aged 34^{Years, Occ: Service,Fl/oFlat} No 405, Arca Satya Residency- Il Bachupally^l\rlandal, Qutubullapur^Mandal Ranga Reddy District

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K.Bhanu Prasad, S/o: K.Chandra^{Das,Aged 30 Years, Occ: Service,Fl/oFlat} No 403, Arca Satya Residency- ll Bachupally^lvlandal, Qutubullapur^Mandal Ranga Reddy District

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Deepan.jan Roy, S/o: Dipak Lal Roy, Aged^{29 Years, Occ: Service, Fl/o Flat} trto iO+, Arca Satya Residency- ll Bachupally Mandal, Qutubullapur^Mandal Ranga Reddy District

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P.E.B.K.ttlurthy, S/o: P.Nagendra Rama^{Murthy,Aged 32 Years,} Occ: Service, R/o Flat No 105, Arca Satya^{Residency-ll Bachupallylvlandal,} Qutubullapur^[t4andal Ranga^{Reddy District}

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B. S.L.S. Shankara Aditya, S/o: S.Ramakrishna,^{Aged 33 Years, Occ:Service,} Rl/o Flat No 302, Arca Satya Residency-^{ll Bachupallylrlandal, Qutubullapur} [/andal Ranga Reddy District

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B.Sri Kiran, S/o: B.Jaya Surya, Aged 33^{Years,Occ: Service,R/o Flat No 205,} Arca Satya Residency- Il Bachupally [vlandal, Qutubullapur^{lMandal Ranga} Reddy District (Rept. His father and GPA Holder^{B.Jaya Surya)}

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...PETITIONERS

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AND

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1 The State of Telangana, Rep. by^{Principal Secretary Revenue Dept} Secretarait Building, Saifabad Hyderabad^-500001

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The Collector, Ranga Reddy District.^{Lakdikaphool,Hyderabad-500001}

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'aal

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The Special Grade Deputy Collector, and Revenue Dir,,isional Officer, I,4alkajgiri Division, tValkajgiri, Ranga Reddy Diskict 50C090

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The Deputy Collector & Thashildar, Quthbullapur lr,4anrlal Quthbullapur, Ranga Reddy District 500090

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...RESPONDENTS

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Petition under Article 226 ol the Constitution of ln,lia praying that in the circumstances stated in the affidavit filed therewith, thr: High Coud may be pleased to issue a direction or writ more particularly Wr it of V/rit of Certiorari calling for the records pertaining to the impugned notice D:,rted 25i-1 1-2014 in File No P|102812O1:i on the file of the 4th respondent herein ard quash the same as without Jurisdiction, illegal, arbitrary and against the princip es of Natural Justice & equity and declare the action of the respondents in issuincl the siame as not only illegal, arbitrary and against the principles of Natural Justice & equity but also without Jurisdiction.

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l.A. NO: 1 OF 2014(WPMP. NO: 48520 0F 2014)

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court nray be pleased to pass interim order staying the impugned notice dated 25 112014 in File No. 81102512013 by the 4th Respondent, pending disposal of thr,r Writ Petition.

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l.A. NO: 2 OF 2014(WPMP. NO: 48521 OF 2014

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Petition under Section 151 CPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High CoLrrt may be pleased to restrain the respondents from taking any further action e gainst the petitioners, pending disposal of the Writ Petition.

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Counsel for the Petitioners: SRI Y. CHANDRASEKHAR

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Counsel for the Respondents: GP FOR REVENUE

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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UIRIT PETITION No. 34743 of2Ol4

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ORDER:

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This writ petition is filed seeking following prayer:

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"...calling for the records pertaining to the impugned nottce Dated 25.11.2O14 in Fite No.B/1028/2013 on the file of the 4th respond.ent herein and quash the same as taithout Juisdiction, illegal, arbitrary and against the pinciptes of Natural Justice and equitg and declare the action of the respondents in issuing the same as not only illegat, arbitrary and against the principtes of Natural Justice and equity but also uttthout Juisdiction..."

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The case of the petitioners is that they are hailing from middle class families and after getting jobs, have purchased flats with their hard earned money in the complex called ARCA SATYA RESIDtrNCY - II, Sy.No.347, Baclnupally Village, euthbultapur ( Mandal which was breing constructed by a builder. While things stood thus, respondent No.4 issued notice to the petitioners dated 25.11.2074 under Section 11 read with Section 7 of A.P.(T.A.) Irrigation Act, 1357 Fasli stating that Sy.No.34T to an extent of Ac.3-30 gts., Bachupally Village, euthbullapur Mandal is Middela Kunta Shikam land which was encroached by way of construction of apartments. It is also stated that subsequent to

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the filing of LGSR.No.3BO6 of 20 13 in the Special Court under AP Assigned Lands Act, the Mandal Inspector inspe:ted the tank bed lands of Middela Kunta bearing Sy.No.347 of Br,rchupally Viilage, Quthbullapur^{Mandal and found that Miracles Ramya Chandra} Residency, Vinayaka Residency, Arca Satya II, i:iri Raghavendra's Bhavani Ilesidency, Venkata Sai Residency and Srinivasa Residency .have been constructed in the Tank Bt,:d. Subsequently, the petitioners were directed to remove the said strucl-ures within a period of 15 days from the date of notice

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Today, when the matter is taken up Ior hearing, none has appeared on behalf of the petitioners.

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The Special Deputy Collector, Quthbullrpur Mandal has placed a copy of instructions through 1e arned Assistant Government Pleader for Revenue stating that the Special Court under AP.I-,G.(P) Act, has taken up the LGCSR Case No.3B06 of 2Ol3 on the adverse news item publishe,l in Namasthe Telangana and requested to submit a detailed report. Accordingll', the Office of Deputy Collector has conducted enquiry with regard. to encroachments came up by way of apiertments in Middela Kunta Shikam land, and it is noticed that there are 4 apartments falling in the encroachment area of^.-he tank. Notices

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were issued to all the owners. In response, the residents have flled objections stating that their lands are not located in Sy.No.347 and requested to conduct a survey and also paid requisite fee to conduct the survey and requested time to submit reply. It is further submitted that on request of the residents, the Deputy Inspector of Survey, Malkajgiri Division had demarcated the boundaries of Sy.No.347 of Bachupally Village using ETS and prepared location sketch as per which an extent of Ac.0-20 gts., was encroached by way of structures and an extent of Ac.O-I2 gts., is affected by road. As per the enumeration, 1O3 families residing in the said apartments were falling in the Shikam land of Middela Cheruvu in Sy.No.347 of Bachupally Vi1lage, as such, notices were issued to all the 103 families and further action for eviction of encroachments will be taken up after due process after examining and considering the objections, if any Iiled.

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This Court on 24.12.2014 has passed an interim order uiz., 'subject to the petitioners not making ang further construction, and further improuements and also not alienating the propertg in question, the resporudent Tahsitdar shall not initiate any coerciue action against them.'

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However, there is no representation^,tn behalf of the petitioner. Taking into consideration the above set of facts and circumstances of the case and the submissiotts of the Deputy Collector, Quthbullapur Mandal that they "r,ould follow due process of [aw, this writ petition is disposed of v,,ith a direction to respondenl. authorities to follow due process of [arv, if anlr action needs to be initiated on the subject properties.

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1ri 7 . Accordingly, this writ petition disposed of.

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Miscellaneous applications, if any pending, shrlll stand closed.

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No order as to costs

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SD/. Si.MALLIKARJUNA RAO STANT REGISTRAR fr //TRUE COPY// CTION OFFICER

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To,

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