HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.11794 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 residential plots of the petitioners covered by rooms in survey No 131 extent 80 sq yds each situated in Bahadurpally Village Dundigal Gundimaisamma Mandal Medchal Malkajgiri District on the ground that land is a government land even though the subject lands were regularized in the fear 2015 vide proceedings No.B/32/15 dated 29.03.2015 under GO Ms No.58 Revenue Assn I Department dated 30.12.2014 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 300A of constitution of India consequently to direct the respondents not to interfere into the peaceful possession and enjoyment of the above structures covered in survey No.131 situated in Bahadurpally Village Dundigal Gundimaisamma Mandal Medchal Malkajgiri District..”

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

3. It is the case of the petitioners that they are owners and possessors of house sites admeasuring 80 square yards each, in constructed rooms in the said plots and residing therein. It is further case of the petitioners that in pursuance of G.O.Ms.No.58, Revenue (Assignment-I) Department, dated 30.12.2014, they submitted applications seeking regularization of the subject lands and the respondent No.4 after conducting due enquiry, regularized the subject lands and issued Assignment Pattas vide Proceedings No.B/32/2015 dated 29.08.2015. The grievance of the petitioners is that even though the subject lands were regularized, the respondent-authorities, without issuing any notice or following due process of law, are trying to evict them alleging that the subject lands are Government lands. 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 lands admeasuring 80 sq.yds each in Survey No.131, the petitioners are 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 petitioners properties admeasuring 80 square yards each in Survey Proceedings No.B/32/2015 dated 29.08.2015, except in accordance with law. However, if the petitioners are found to be in illegal occupation of any area beyond the extent of 80 square yards that was regularized, it is open to the respondent authorities to initiate appropriate proceedings for removal of such encroachments, 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