Court mandates authority to act on representation regarding unauthorized construction on agricultural land.

THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.32162 OF 2025 ORDER : (ORAL)

Heard Mr. Kasu Bal Reddy, learned counsel for the petitioner, and Mr. Putta Krishna Reddy, learned standing counsel for Municipalities, appearing for respondent No.2.

2. It is claimed that late Mr. A. Venkataiah, father of the petitioner, was the absolute owner of the land admeasuring Acs.7-03 guntas in Survey No.972 situated at Kotha Cheruvu Road, Mahabubnagar Village, Mandal and District. The father of the petitioner died on 20.10.2007. Upon his death, the petitioner and his mother succeeded to the above land by intestate succession. The petitioner and his mother were issued pattadar pass book for an extent of Acs.4-16 guntas and Acs.2-27 guntas respectively. They are in possession of their respective lands. While so, respondent No.4 instituted a suit in O.S. No.64 of 2017 (renumbered as O.S. No.82 of 2024) on the file of learned Senior Civil Judge, Mahabubnagar, seeking perpetual injunction against the petitioner and his family members. The injunction application filed by respondent No.4 in the said suit was also dismissed.

3. It is submitted that the petitioner and his family members filed appeal before the Additional Collector (Revenue) under Section 90 of the Telangana Tenancy and Agricultural Lands Act 1950 (for short ‘Tenancy Act 1950’) for rectification of revenue entries in respect of the land admeasuring Acs.2-17 guntas in Survey No.972/AA which was dismissed as non-maintainable by the order dated 20.09.2024. Aggrieved by the same, the petitioner filed W.P. No.5046 of 2025 before this Court, which is pending. The petitioner also preferred appeal under Section 40 of the Tenancy Act 1950 in Case No.K/6442/2025 before the Revenue Divisional Officer, Mahabubnagar, in respect of the subject land, which is also pending. While things stood thus, respondent No.4 started making construction of residential building in the said agricultural land owned by the petitioner and his mother. The petitioner submitted representation dated 15.10.2025 to respondent Nos.2 and 3 to take action against respondent No.4 for making unauthorized construction in the subject land. As there was inaction on the part of respondent authorities in considering his representation, the petitioner was constrained to approach this Court.

4. Learned standing counsel for Municipalities, appearing for respondent No.2, submitted that representation of the petitioner dated 15.10.2025 will be considered, and appropriate orders will be passed, in accordance with law.

5. Recording the aforesaid submission of the learned standing counsel for Municipalities, appearing for respondent No.2, the writ petition is disposed of, directing respondent No.2 to consider the representation of the petitioner dated 15.10.2025 for removing the unauthorized construction made by respondent No.4 in the agricultural land of the petitioner in Survey No.972 situated at Kotha Cheruvu Road, Mahabubnagar Village, Mandal and District, and pass orders, in accordance with law, by affording opportunity of hearing to the petitioner, respondent No.4 and all other concerned/interested persons, within a period of four (4) weeks from the date of receipt of a copy of this order.

6. As this order is passed without entering into the merits, notice to respondent No.4 is dispensed with. However, if respondent No.4 is aggrieved by this order, he is at liberty to approach this Court seeking modification of this order. There shall be no order as to costs.