HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.11510 of 2025

ORDER

This Writ Petition is filed praying this Court to declare the action of respondent Nos.2 to 5 in interfering with the peaceful possession and enjoyment of the petitioners over their house plots i.e., Plot Nos.6-19/1, 6-14/6M, 6-26, 6-26/15, Plot Nos.4, 5, 70, situated in Sy.No.220, Peddashapur Thanda Village, Shamshabad Mandal, Ranga Reddy District without following due process of law, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently, prayed for other appropriate reliefs.

2. It is stated that the petitioners were assigned house site pattas as per the policy enunciated by the Government for various extents ranging from 150 to 300 square yards and they are in peaceful possession and enjoyment of the aforesaid house plots by constructing houses after obtaining necessary permission from respondent No.5 and have been residing therein. The grievance of the petitioners is that the respondent authorities are interfering with their peaceful possession and enjoyment over the house sites assigned to them, without following due process of law.

3. Considered the submissions made by Sri S.Satyam Reddy, learned Senior Counsel representing Sri K.Mahendar Reddy, learned counsel appearing for the petitioners; Sri H.Somaiah Ezra Sastri, learned Assistant Government Pleader for Assignment appearing for respondent 1 to 4; Sri Katta Pradeep Reddy, learned Standing Counsel for respondent No.5 and the learned Assistant Government Pleader for Home appearing for respondent No.6 and with their consent, this writ petition is being disposed of at the admission stage.

4. Learned Senior Counsel for the petitioners has vehemently contended that the petitioners have constructed the houses in the house sites allotted to them and the said houses are also assessed to property tax and they have paid property taxes to the local authorities and since around three decades, the petitioners and their predecessors-in-interest have been residing therein.

5. Learned Assistant Government Pleader for Assignment has submitted that the petitioners have not obtained valid construction permissions from the competent authority and they have encroached some extent of the Government land and therefore, only for the purpose of identification an inspection was conducted and they did not initiate any action. Learned Assistant Government Pleader further submits that, if the petitioners have encroached any Government land, they will follow due process of law.

6. In view of the above submissions, this Court deems it appropriate to dispose of this writ petition directing the respondent authorities not to interfere with the peaceful possession of the petitioners over the subject property, in any manner. If the Government is having any claim over the property, which is in possession of the petitioners or subject property has not been assigned to the petitioners and the assignment certificates issued in their favour are not genuine, the respondent authorities are entitled to conduct an enquiry and strictly follow the guidelines issued by the Hon’ble Apex Court in Rajendra Kumar Barjatya and another vs. U.P. Avas Evam Vikas Parishad and others1 before initiating any action for removal of the existing structures.

7. With the above observations, this Writ Petition is disposed of.

There shall be no order as to costs.

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

_______________________________ JUSTICE C.V.BHASKAR REDDY

17.04.2025 gkv

1 Civil Appeal No. 14604 of 2024 dated 17.12.2024