2025 Supreme(Online)(Tel) 26138
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
Syed Mohammed – Appellant
Versus
THE STATE OF TELANGANA – Respondent
WP 17142/2025
HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
ORDER:
The Writ Petition is filed, under Article 226 of the
Constitution of India, seeking the following relief:
“...pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the actions of respondent Nos.3 and 4 in interfering with the petitioner’s possession and enjoyment including construction of basement over the left over subject land covered in Sy.No.132/1, situated at Kismatpur Village, Rajendranagar Mandal, Ranga Reddy District, T.S., in spite of receiving the petitioner’s complaint dated 20.02.2025 as being Unjust, Arbitrary and Discriminatory in nature, violative of Articles 14, 21 and 300-A of the Constitution of India, and consequently direct the respondents more particularly the respondent No.2 to consider the petitioner’s complaint dated 20.02.2025
forthwith, in the Interest of Justice and pass...”
2. Considered the submissions of the learned counsel for the respective parties and with their consent, this writ
petition is being disposed of at the admission stage.
3. It is stated that the petitioner is the owner and possessor of the land to an extent of 80 Sq.yards in Sy.No.132/1 situated at Kismatpur Village, Rajendranagar Mandal, Ranga Reddy District and the said land was allotted/assigned by the Government vide House site patta
No.B.D/355/2002 by respondent No.3-R.D.O., Chevella, as
per the Board Standing Orders and as per the Telangana Land Revenue Act, 1317 Fasli. It is further stated that in the land allotted to the petitioner, he has constructed three mulgies facing the main road and eking out his livelihood by doing small business. The grievance of the petitioner is that when he made efforts to construct a basement in the remaining small piece of the leftover land, the respondents are frequently interfering and causing inconvenience for the enjoyment of the said property.
4. Learned counsel for the petitioner submitted that for the construction of the land below 100 Sq.yards, no permission is required from the municipal- authorities, as per the various G.O.’s issued from time to time, but despite the same, the respondents are frequently interfering and causing inconvenience for the enjoyment of the said property.
5. Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents, would submit that since the petitioner did not obtain any permission from the municipal-authorities for proceeding with the construction nor placed any patta certificate on the file of this
6. In view of the said submissions, to put a quietus to the litigation, the petitioner is directed to furnish a copy of the house site patta certificate on the file of respondent Nos.3 and 4, who in turn shall examine the authenticity and genuineness of the same. If it is found that the said patta certificate is genuine and it does not require any construction permission from the municipal corporation, the respondent authorities shall not interfere with the construction activity of the petitioner over the said land. On the other hand, if it is found that the said certificate is not emanated from the office of the respondents, and its genuineness is doubtful, the respondent authorities shall conduct enquiry and take appropriate action strictly in accordance with law.
7. With the above directions, the writ petition is disposed of. No Costs.
Consequently, miscellaneous applications, if any, pending shall stand dismissed. ________________________________ JUSTICE C.V.BHASKAR REDDY
20.06.2025 EDS