HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.11969 of 2025

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“…to issue writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in trying to interfere into the peaceful possession and enjoyment of the plot to the extent of 60 sq yards in survey No 239 situated at situated in Vinayaknagar Bahadurpally Dundigal Gandimaisamma the then Quthbullapur Mandal Medchal Malkajgiri District on the ground that land is a Government land even though the subject land was regularized vide Proceedings No B/32/2015 dated 28 05 2015 without issuing any notice following the due process of law as arbitrary and illegal and in violation of the principles of natural justice and also violative of Article 14, 16 and 300 A of constitution of India consequently to direct the respondents not to interfere into the peaceful possession and enjoyment of the above plot of the petitioner..”

2. Considered the submissions of the learned counsel for the parties and perused the record.

3. It is the case of the petitioner that he is the owner and possessor of house site admeasuring 60 square yards in Survey constructed a small room in the said plot and residing therein. It is further case of the petitioner that in pursuance of G.O.Ms.No.58, Revenue (Assignment-I) Department, dated 30.12.2014, he submitted an application dated 25.03.2015 seeking regularization of the subject land and the respondent No.4 after conducting due enquiry, regularized the subject land and issued Assignment Patta vide Proceedings No.B/32/2015 dated 28.05.2015. The grievance of the petitioner is that even though the subject land was regularized, the respondent-authorities, without issuing any notice or following due process of law, are trying to evict him alleging that the subject land is Government land. Hence, the present writ petition.

4. The learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that taking advantage of regularization of the land admeasuring 60 sq.yds in Survey No.239, the petitioner is trying to encroach the adjacent Government land and the said action was resisted by the respondent-authorities.

5. In view of the above submissions, this Court deems it appropriate to dispose of the writ petition by directing the respondent authorities not to interfere with the possession of the petitioner property admeasuring 60 square yards in Survey No.239, regularized vide Proceedings No.B/32/2015 dated 28.05.2015, except in accordance with law. However, if the petitioner is found to be in unauthorized occupation of any area beyond the extent of 60 square yards that was regularized, it is open to the respondent authorities to initiate appropriate proceedings for removal of such encroachment, by following due process of law.

6. Accordingly, this Writ Petition is disposed of. No order as to costs.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

_________________________ C.V.BHASKAR REDDY, J Date: 28.04.2025 scs