Smt.Jahangir Bee, Vs The District Collector — Writ and Judicial Review | Telangana HC (2025)

Smt.Jahangir Bee, Vs The District Collector — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of directing the respondent authorities not to interfere with the petitioner's possession of the subject land without following due process of law; miscellaneous petitions, if any, closed; no order as to costs.

Issue for consideration

Whether the action of the respondents in interfering with the petitioner's peaceful possession and enjoyment of lands in Sy.Nos.122-126 admeasuring Ac.7.00 gts. at Malkaram village, Jawaharnagar, Shameerpet Mandal, Ranga Reddy District, without issuing any notice and without following due process of law, is illegal and arbitrary. +1 more

Court's answer

The writ petition is disposed of directing the respondent authorities not to interfere with the petitioner's possession of the subject land (Sy.Nos.122-126, Ac.7.00 gts., Malkaram village) without following due process of law.

Ratio / Principle

The direction rests on the interim order already passed staying dispossession and on the fact that no counter affidavit was filed by the respondents till date.

Detailed headnote1 paragraphs

Writ Petition (Article 226) - Protection of possession of allotted land - Ex-servicemen quota allotment - Petitioner, widow of Late Mohd. Ismail (ex-serviceman and member of Jawaharnagar Land Colonization Cooperative Society), claims Ac.7.00 gts. in Sy.Nos.122-126, Malkaram village, Jawaharnagar, Shameerpet Mandal, Ranga Reddy District, allotted to her husband by the Government on 20.10.1983 under ex-servicemen quota; husband died on 25.11.1983; petitioner developed the land and the society regularized her possession - On 10.02.2012 respondent authorities threatened dispossession without any notice - Interim stay of dispossession granted on 02.03.2012 - No counter affidavit filed by respondents - Held: writ petition disposed of directing respondent authorities not to interfere with the petitioner's possession of the subject land without following due process of law; miscellaneous petitions closed; no costs.

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

WEDNESDAY, THE FIFTH DAY OF ITARCH TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE N.V,SHRAVAN KUMAR

WRIT PETITIO N NO: 5767 OF 2012

Between:

9f!!ll,.rlS^ir_Qee, f///o;^{LateMohd.tsmait, Aged about 56 years,} Rio H No.9_ 11:4?91N29,^{PIot No.29, Taqat Bowti, tvtoihi barwaza, cotionOj, Htd;ra6;4._} 500 0B

,.,PETITIONER

AND

The District Collector, Ranga Reddy District, Lakdikapool, Hyderabad.

2 The Tahsildar, Shameerpet Mandal, Ranga Reddy District

The Greater Hyjlerabad Urban Development Authority/HMDA, rep.by its Estate Officer, Tarnaka, Hyderabad.

...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 issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondents in causing their interference with petitioner peaceful possession and enjoyment of the lands in sy.Nos.122, 123, 124, 12s and 126 admeasuring Ac.7.00 situated at Malkaram village, Jawaharnagar, Shameerpet Mandal, Ranga Reddy District, without issuing any notice and without following the due procedure contemplated under the Law, as being illegal, arbitrary and consequenfly direct the respondents herein not to dispossess or in any manner interfere with my peacefur possession and enjoyment in respect of the above said land.

l.A. NO: 1 OF 2012(WPMP. NO:7298 OF 2012)

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^pleased direct the respondent authorities not to dispossess or in any manner interfere with my peaceful possession and enjoyment of the lands in Sy.Nos. 122, 123, 124, 1?5 and 126 admeasuring Ac.7.00 situated at lvlalkaram villgge. Jawaharnagar, Shameerpet Mandal, Ranga Reddy District, pending disposal of the main Writ Petition

Counsel for the Petitioner: SRI SHAIK JILANI

Counsel for the Respondent Nos.1 and 2: GP FOR REVENUE Counsel for the Respondent No.3: SRI L. VENKATESHWAR RAO , The Court made the following: ORDER

THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR i i Writ Petition No.5767 of 2OL2

ORDER:

The present writ petition is filed declare the action of espondents in causing their interference '*,ith petitioner's peaceful possession and enjoyment of the lands in ISy.Nos.l22, 123, 124, 125 and L26 admeasuring Ac.7-00 gts., situated at Malkaram Village, Jawaharnagar, Shameerpet Mandal, Ranga Reddy District without issuing any notice and without following due process of law as illegal and arbitrary and consequently direct respondents I I Inot to dispossess or interfere with the petitioners' peaceful possesslon

It is submitted that petitioner's husband was exserviceman and a member of Jawaharnagar Land Colonization Cooperative Society The Government has allotted Ac.7-OO gts., of land to the petitioner's husband on 20.10.1983 under ex-servicemen quota. Subsequent to the said allotment petitioner's husband died on 25.1 1.1983 Ieaving behind the petitioner and her children as legal Iheirs and successors. Learned counsel for the petitioner

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would submit that thereafter, petitioner developed the land arrd the society has regularized the possession and theⁱ I petitioner is in peaceful possession of the land without anyl interruption. While things stood thus, on lO.O2.2Ol2, respondent authorities approached petitioner and threatenecL her to handover the possession of the. subject. land without any notice. Questioning the same, the^present writ petition is filed.

Tlris Court on O2.O3.2O72 has granted an interim order, which is as foliows:

"There shall be inteim stag of dispossession except in accordance with, lata. "

Learned counsel for the petitioner drawn attention of this Court to the death certificate of the petitioner's husband and also a copy of legal heir certificate issued by the Collector, Hyderabad and also to the land allotment certificate issued by the Secretary, Jawaharnagar Lald Colonisation authorized for ex-servicemen.. Learned counsel would also refer to the copies of Adangal Pahanies for the Iear 7974-75 showing possession of subject property in favour of petitioner's husband. He would also

.t ;f J I I .reI fer to the electricity bil1s paid by the petitioner's husband Ito the Central Power Distribution Company of Andhra i '!..desh Limited on 1.6.O1.2012. 5. No counter affid avit has been filed by the respondent authorities. l 6. In that view of the matter, since interim order has ready been passed staying the dispossession and no Unter affidavit has been filed tili date, this Court deems it ppropriate to dispose of the writ petition directing respondent authorities not to interfere with the subject l land of the petitioner without following due process of law. , 7. In view of the above, writ petition is disposed of, accordrngly. I Miscellaneous petitions, pending, if any, shall stand Closed. However, there shall be no order as to costs.

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SD/.T. JAYASREE D PUTY REGISTRAR //TRUE COPY// ECTION OFFICER To, 1 The District Collector, Ranga Reddy District, Lakdikapool, Hyderabad. 2 The Tahsildar, Shameerpet l/landal, Ranga Reddy District The Estate Officer, The Greater Hyderabad Urban Development Authority/HtvlDA, Tarnaka, Hyderabad. 4 One CC to Sri Shaik Jilani, Advocate [OPUC] 5 Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad [OUT] 6 One CC to Sri L. Venkateshwar Rao, Advocate IOPUCI 7 Two CD C ies TJ BS

HIGH COURT

DATED:0510312025

ORDER

WP.No.5767 of 2012

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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