THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.31390 of 2025

ORDER

This Writ Petition is filed praying this Court to declare the action of the official respondents in trying to demolish the Gate and fencing of the land admeasuring Ac.1.05 guntas in Sy.No.138/అ belongs to petitioner No.1; Ac.1.05 guntas in Sy.No.138/అ/2 belongs to petitioner No.2 and Acs.3.00 guntas in Sy.No.117/2 belongs to petitioner No.3, situated at Banda Madaram Village, Medchal Mandal, Medchal-Malkajgiri District, as illegal, arbitrary, violative of principles of natural justice and contrary to Articles 14, 21 and 300-A of the Constitution of India and consequently, prayed for other appropriate reliefs.

2. Heard Mr.K.Arhaan Ahmed, learned counsel for the petitioners; Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3 and 5; Sri P.Krishna Reddy, learned Standing Counsel for respondent No.4-Gram Panchayat and with their consent, this writ petition is being taken up for disposal at the admission stage. In view of the nature of relief sought for in this writ petition, issuance of notice to the unofficial respondent is dispensing with.

3. Learned counsel for the petitioners would submit that the petitioners are the owners and possessors of the land admeasuring Ac.1.05 guntas in Sy.No.138/అ; Ac.1.05 guntas in Sy.No.138/అ/2 and Acs.3.00 guntas in Sy.No.117/2, respectively, situated at Banda Madaram Village, Medchal Mandal, Medchal-Malkajgiri District and their names were incorporated in all the revenue records and they were issued pattadar passbook bearing Nos.T06100120650; T06100120699 and T06100120694, respectively. Learned counsel for the petitioners would further submit that on the application made by the unofficial respondent for demarcation of the road situated in Sy.No.137, a Notice in File No.E/Spl/2024, dated 26.05.2025 was issued directing the adjacent land owners to present on 26.05.2025 but the said notice was not served on the petitioners. Recently, the petitioners came to know that respondent No.3 addressed a letter to the Municipal Commissioner, Ellampet (respondent No.4), recommending for laying of road through the petitioners’ private land and respondent Nos.3 and 5, without verifying the ownership records, have forcibly entered into the petitioners’ lands without following due process of law. On 06.10.2025, the staff of the official respondents are trying to remove the gate and fencing of the petitioners’ land along with JCB and with great difficulty the petitioners along with their watchman have stopped the attempts made by the official respondents.

4. Learned Assistant Government Pleader for Revenue and learned Standing Counsel for respondent No.4, in one voice, would submit that a park, which was in existence has been encroached by the petitioners and acting upon the complaint given by the unofficial respondent, the official respondents have conducted the physical verification with the support of village maps and it is found that the petitioners have encroached upon the Government land where the public park is existing and erected the fencing and gate in the aid land. Since the petitioners have encroached upon the Government land, the said action has been taken by the official respondents in order to facilitate the public at large to use the public park. However, he would further submit that without issuing any notice no action would be taken against the petitioners and if the petitioners have encroached upon the Government land, the official respondents have to take action as per the procedure contemplated under law.

5. Having heard the learned counsel for the petitioners; learned Assistant Government Pleader for Revenue appearing for respondent Nos.1, 3 and 5 and learned Standing Counsel appearing for respondent No.4 and on perusal of the record, this Court is of the opinion that if the petitioners have encroached upon the Government land, the official respondents are at liberty to t