2025 Supreme(Online)(Tel) 19897
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.VIJAYSEN REDDY, J
M.Laxman – Appellant
Versus
Jitesh V. Patil IAS – Respondent
CC/1117/2021
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION Nos.15996 OF 2020 AND 13289 of 2023 AND CONTEMPT CASE No.1117 of 2021 COMMON ORDER: (ORAL)
Since common issue is involved in these matters, with the consent of both sides, these matters are being disposed of by this common order.
W.P.Nos.15996 OF 2020 AND 13289 of 2023
2. The petitioners in these writ petitions are aggrieved by the action of the respondent authorities in seeking to dispossess them from the land in Survey No.1093/2 and 1094/2 situated at Nizamabad Revenue Village and Mandal, Nizamabad District.
3. The case of petitioner No.19 - Nizamabad Goat and Sheep Market Association is that its members, who are conducting business of selling sheep and goat, were allotted land in Survey No.1093/2 and 1094/2 of Nizamabad Town by respondent No.2 Municipal Corporation (erstwhile Municipality) and they had been doing business since 1972. Respondent No.2 has been collecting licence fees from the members of petitioner No.19 Association from time to time. While so, separate notices dated 20.08.2020 were issued to the petitioners directing them to vacate from the above referred subject premises, within 30 days, on the ground that respondent No.2 intends to build a New Meat Market Complex in the said premises.
4. In W.P.No.15996 of 2020, interim suspension, as prayed for, was granted on 28.09.2020. In W.P.No.13289 of 2023, status quo was granted on 11.05.2023. Interim orders in both the writ petitions have been extended from time to time.
5. Respondent No.2 filed counter in both the writ petitions. It is stated that in the year 1972, vide Council Resolution No.608 dated 29.09.1972, respondent No.2 passed resolution to allot the land at Mustaidpura, Nizamabad, for the benefit of shepherds for doing business in goats and sheep. The resolution of the then Municipal Council was followed for a period of three years and subsequently it was not extended. However, the petitioners had been in possession of the site allotted to them for more than 25 years. The petitioners have not paid licence fee for the year 2018-19, 2019-20 and 2020-21, thus they are treated as illegal occupiers and encroachers. Subsequently, the Government issued G.O.Rt.No.159 dated 14.03.2017 and G.O.Rt.No.191 dated 28.03.2017 and accorded technical sanction with estimated value of work of Rs.5.00 crores for construction of Market yard in the same premises. Accordingly, the Market yard construction was taken up for setting up vegetable and meat market.
6. Heard Mr. T.V. Kalyan Singh, learned counsel for the petitioners, and Mr. V. Satyam Reddy, learned Standing Counsel for respondent No.2; and perused the material available on record.
7. Learned Standing Counsel for respondent No.2 submitted that the petitioners have been allotted new site as per proceedings vide letter No.G1/TMS/3645/2020 dated 21.10.2025 of respondent No.2 and possession was handed under cover of panchanama dated
24.10.2025.
8. However, learned counsel for the petitioners submitted that the new site allotted to the petitioners is not in usable condition and it is covered by bushes and wild growth and is uneven land. As and when wild growth is removed and the land is made in usable condition, the petitioners will shift from the subject premises.
9. In view of allotment of new/alternate site to the petitioners vide letter No.G1/TMS/3645/2020 dated 21.10.2025 and possession being handed over under cover of panchanama dated 24.10.2025, which is not disputed by the learned counsel for the petitioners, the interim order dated 28.09.2020 in I.A.No.1 of 2020 in W.P.No.15996 of 2020 and the interim order dated 11.05.2023 in W.P.No.13289 of 2023 are vacated.
10. Accordingly, these writ petitions are disposed of directing respondent No.2 to remove the wild growth in the new site allotted to the petitioners and ensure that it is in usable condition within a period of 15 days from the date of receipt of a copy of this order. No order as to costs.
As a sequel thereto, misce