THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY ORDER : (ORAL)

This writ petition is filed by the petitioners seeking to declare the action of respondent Nos.2 and 3 in interfering with their peaceful possession and enjoyment over the land admeasuring Acs.5-25 guntas in Survey Nos.10, 11/1, 12 and 13 situated at Sikanderguda Village, Rajendranagar Mandal, Ranga Reddy District, and also removing the sign board erected in the land, without considering their representation dated 03.03.2025, as being illegal, arbitrary and violation of principles of natural justice.

2. Heard Mr. E. Madan Mohan Rao, learned senior counsel, appearing for Mr. B. Madhusudhan Rao, learned counsel for the petitioners, Mrs. M. Bhagya Sri, learned standing counsel for respondent Nos.2 and 3, and Mr. S. Syam Sunder Rao, learned counsel for respondent No.4.

3. It is submitted that the petitioner No.1 is the absolute owner and possessor of the land admeasuring Acs.5-25 guntas in Survey Nos.10, 11/1, 12 and 13 situated at Sikanderguda Village, Rajendranagar Mandal, Ranga Reddy District, having purchased the same under registered sale deed bearing document No.4796 of 1999 dated 29.11.1999. The name of the petitioner No.1 was entered in the revenue records, he was also issued pattadar pass book vide Patta No.39 and mutation proceedings by the Mandal Revenue Officer, Rajendranagar Mandal, in proceedings No.B/237/2002 dated 01.05.2022.

4. It is submitted that there was claim made by revenue officials that the subject property belongs to the Government and there was interference with the possession and enjoyment of the petitioner No.1 over the property, as such, W.P. No.22645 of 2019 was filed before this Court against the Tahsildar, Gandipet Mandal, wherein, status quo was passed on 17.10.2019; the writ petition is pending for adjudication. While so, respondent No.4 in order to grab the land of the petitioner No.1 misrepresented before respondent No.2 that a part of the subject land admeasuring about 1000 square yards is a open space in the layout of Bhavani Colony and tried to interfere with the possession of the land in his absence.

5. It is stated that representation was submitted by the petitioner No.1 on 03.03.2025 to respondent No.2 requesting them not to take any coercive steps till their documents are verified. However, on 04.03.2025 respondent No.3 at the instance of respondent No.2 removed the sign board which was erected by the petitioners in the subject property.

6. It is submitted that the petitioner No.1 registered 1/3^rd share of the property i.e., Ac.0-09 guntas in Survey No.10/EE and Acs.1-06 guntas in Survey No.11/EE/1 and Ac.0-20 guntas in Survey No.12/EE, total admeasuring Acs.1-35 guntas in favour of his two (2) sons i.e., petitioner Nos.4 and 5 through release deed bearing document No.4170 of 2008 dated 10.11.2008. Out of which land admeasuring 181.55 square yards was sold by the petitioner Nos.4 and 5 in favour of third parties by registered sale deed bearing document No.3022 of 2025 dated 22.02.2025, which was disputed by respondent Nos.2 to 4 and they are causing interference with the possession of the prospective purchasers.

7. Learned standing counsel for respondent Nos.2 and 3 filed counter affidavit and submitted that the property of the petitioners in Survey Nos.10, 11/1, 12 and 13 admeasuring Acs.5-25 guntas was converted into plots and developed into an unapproved layout by name Bhavani Colony. When the layout was developed the land was coming within the jurisdiction of erstwhile Bandlaguda Jagir, Gram Panchayat, and land admeasuring 1034 square yards has been earmarked for open space forming part of Plot Nos.10 to 18 located at Road No.1 of the Bhavani Colony. When the Encumbrance register of the Sub-Registrar Office, Gandipet, was verified, it was found that Plot No.10/1 admeasuring 181.55 square yards was registered in favour of third parties vide document bearing No.3022 of 2025 dated 22.02.2025 which is an open space in the colony layo