Disposed

Dasari Srivani v. The State of Telangana

Telangana HC1 Apr 2025WP/9711/2025

Case brief

AI extract

What is this about?

Petitioner claimed an assigned and regularized house site plot of 60 square yards at Boduppal and challenged respondents' interference with her construction activity. The court directed respondents to issue notice, verify documents and pass a reasoned order within three months, restraining interference with her possession meanwhile.

What did the court decide?

Writ petition disposed: respondents to issue notice and pass reasoned order after document verification within three months; no interference with petitioner's peaceful possession till then.

Dasari Srivani Vs The State of Telangana — Land Acquisition | Telangana HC (2025)

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

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TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY

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Betwee n:

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WRIT PETITI ON NO; 971 10F 2025

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Dasari Srrvani, Wo Dasari Mallesh Agecc years, Occ.House Wife, R/o plot No 1010, Devendar Naoar, Bodupp'ai "r,ur"oiiiiill,'u!"ochat Matkajgiri Disrricr, Telangana State.

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AND

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...PETITIONER

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LL The State of Telanoana Rep By principal Secretary, Revenue (Assignment_1) 9ep?1ment^{SecreTariar, Hy'dt;ba;, -GT;."*r'stli"'} 2'l rhe rne rahasirdar, Medipaly ursrncr Coilector. lr/edchal Malkajgiri wanaiI rra6"ocnZi District. rviiiiirig"iii'Djii]iJ.:lgSla^ir,gi,"r,ielangana State.

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Petition under Articre 226 0f the constitution of rndia praying that in the crrcumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction more particurarry one in the nature of WRIT OF MANDAMUS, declaring the action of the Respondents in trying to interfere into the petitioner prot No. No.1010, sy.No.63/1 , Devendar Nagar, Boduppal, Ivledipaily, Medchar Markajgiri District, Terangana and without foilowing the due process of raw as per the Act, is iregar, arbitrary and viorative principres of natural justice and consequenfly direct the Respondents not to interfere into petitioner Plot No. No.1010, Sy.No.63/.1, Devendar Nagar, Boduppal, tvledipally, Medchar Markajgiri District, Terangana without forowing due process of raw

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IANO:1OF2 025

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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 may be pleased to

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direct the Respondents not to interfere into petitioner Plot No. No.1010, Sy.No.63/1 , Devendar Nagar, Boduppal, Medipally, Medchal Malkajgiri District, Telangana under Boduppal tt/unicipal Corporation, without following due process of law, pending disposal of the writ petition

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Counsel for the Petitioner: SRI R. A. CHARY

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Counsel for Resp,:ndents: SRI H. SOMAIAH EZRA SASTRI, AGP FOR REVENUE

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE C.V. BHASI(AR R.EDDY

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WRIT PETITION No.9711 of 2O25

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ORDER:

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This Writ Petition is filed praying this Court to declare the action of the respondents in making efforts. t'o dispossess the petitioner from Plot No.101O, admeasuring 60 square yards, Sy.No.63/ 1, situated at Devender Nagar, Boduppal, Medially, Medchal-Malkajgiri District, without following due process of law as illegal, arbitrary and unconstitutional and consequently, prayed for other appropriate reliefs.

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It is stated that the petitioner belongs to downtrodden community and the Government, after conducting socioeconomic survey, found that the petitioner is eligible for allotment of house sites under the Rules framed under the Telangana Land Revenue Act, 1357 Fasli and the Board Standing Orders and assigned house site to an extent of 60.O0 square yards at Plot No. 1010, Sy.No.63/1, situated at Devendar Nagar, Boduppal, Medipally, Medchal-Malkajgiri District. It is further stated that a layout was approved by the Government for allotment of the plots in the land forming part of Sy.No.63 and its sub-division numbers and allotted the house sites and thereafter, the house sites allotted were regularized in terms of

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CVBR, J Wp 97ll_2025

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G.O.Ms.No.58, Revenue (Assn.I) Department, dated 3O.12.2014 read with G.O.Ms.No. 14, Revenue (Assn.I) Department, dated 14.02.2022. It is further stated that the petitioner has made an application to the Municipal Corporation,.. Boduppal, under TS-bpass seeking for construction of Ground+one upper floor and the building permission was granted uide Certificate of Registration, dated 26.O4.2023 under Section 174 (1) of the Telangana Municipalities Act, 2019 as the area of the plot is below 75 square yards. The grievance of the petitioner is that, when the petitioner is proceeding with the constructions, respondent No.3 is frequently interfering with the construction activity of the petitioner claiming that the lald in Sy.No.63 is a Government land, without taking into consideration of the regularizatio n of the said plot.

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Considered the submissions of the learned counsel for the petitioner and Sri H.Somaiah Ezra Sastri, learned Assistant Government Pleader for Assignment appea_ring for respondent Nos.l to 3 and with their consent, this writ petition is being disposed of at the admission stage.

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Learned Assistant Government Pleader for Assignment vehemently contended that the alleged layout relied upon by the

CVBR, J Wp_9711 2025

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petitioner has not been sanctioned and the file with regard to the assignment of the plot not emanated from the office of the Revenue Department after conducting socio-economic survey. Learned Assistant Government Pleader further submits that simple regularization of the occupation of the petitioner does not confer any right or title over the property of the Government.

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The issues raised in this writ petition are required to be t examined by the Tahsildar after following due process of law. Therefore, this Court deems it appropriate to dispose of this Writ Petition directing the respondents if the Government is having any claim, issue notice and after verification of the documents relied upon by the petitioner in support of his claim, pass a reasoned order in accordalce with law. Till such time, the respondents are further directed not to interfere with the peaceful possession of the petitioner, in any manner. It is made clear that this order does not preclude the respondents for taking action, if the petitioner is proceeding with the constructions in the Government Land. The entire exercise shall be completed within a period of three (03) months from the date of receipt of a copy of this order.

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CVBR, J lilp_9711 2025

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With the above observations, this Writ Petition is disposed

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of. There shall be no order as to costs.

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

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shall stand closed.

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SD/.MOHD.ISMAIL DEPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICE

To,' ,'r The Princioal Secretary, Revenue (Assignment-1)Department, State of " Telanoani, Secretariai, Hvderabad,^{Telangana State'}

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z f ne olitict Collector,^{Me<ichal MalkajgiriDistrict,Telangana State'} 5 The Tahasildar,^{tr,4edipallytvlandal.Medchal MalkaigiriDist. TelanganaState}

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