IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.38279 of 2025 Date: 12.12.2025 Between:

Smt. C.V.Ramana ..Petitioner And The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and four others ..Respondents

ORDER

This Writ Petition is filed praying this Court to declare the action of respondent No.4 in issuing the impugned order, dated 06.12.2025 vide Lr.No.B/10546/2025, directing respondent No.5 to evict the petitioner from the plot admeasuring 111 square yards in Sy.No.79 of Gajularamaram Village, Qutbullapur Mandal, Medchal-Malkajgiri District, without considering the petitioner’s explanation, dated 21.10.2025, to the notice, dated 13.10.2025 in File No.B/1056/2025, as illegal, arbitrary and violative of Article 21 of the Constitution of India and consequently, prayed to set aside the impugned order and for other appropriate reliefs.

2. Heard Sri D.C.Umapathi Rao, learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent, this Writ Petition is being taken up for disposal at the admission stage.

3. Learned counsel for the petitioner would submit that the petitioner is the owner and possessor of the plot admeasuring 111 square yards, situated in Sy.No.79 of Gajularamaram Village, Qutbullapur Mandal, Medchal-Malkajgiri District. Learned counsel for the petitioner would further submit that the petitioner was assigned the said plot vide patta certificate in File No.A/10825/03, dated 25.10.2004 and after obtaining permission from the Municipality concerned, she had constructed a house in the said plot and H.No.33-236/5 was assigned to the said house and the same was assessed to property tax and she has been paying the property tax and other taxes to the local authorities since then. While things stood thus, respondent No.4 has issued a notice, dated 13.10.2025 in File No.B/1056/2025 under Section 7 of the Telangana Land Encroachment Act, 1905 (for short “the LE Act”) alleging that the petitioner had encroached upon the Government land otherthan the land assigned to her. Learned counsel for the petitioner would further submit that, though the petitioner has submitted her explanation, dated 21.10.2025 to the said notice, without considering the said explanation, respondent No.4 has passed the impugned order, dated 06.12.2025 directing respondent No.5 to evict her from the subject plot. Hence, this Writ Petition.

4. Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents, would submit that the petitioner had encroached upon the Government property other than the plot assigned to her and she has been running a tiffin centre there, which is illegal and hence, respondent No.4 has rightly issued a notice under the provisions of the LE Act. The said fact is admitted by the petitioner as well in her explanation. Accordingly, the impugned order is passed directing respondent No.5 to evict the petitioner. Therefore, he prays this Court to dismiss the writ petition.

5. On a perusal of the material on record, it would disclose that, admittedly, the petitioner was assigned the land admeasuring 111 square yards in Sy.No.79 of Gajularamaram Village, Qutubullapur Mandal, Medchal-Malkajgiri District and it is alleged that a notice is issued under the provisions of LE Act stating that the petitioner has encroached upon the Government land other than the land allotted to her and she has also submitted an explanation to the said notice. The question that arises for consideration is whether the fact with regard to encroachment of the Government land other than the land assigned to the petitioner or not and it is being supported by any panchanama/survey. In the absence of any panchanama, this Court is of the opinion that the impugned order cannot be recognized under law. Hence, the impugned order, dated 06.1220