THE HON’BLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.8512 OF 2024

O R D E R:

This Writ Petition is filed under Art 226 of Constitution of India seeking the following relief/s:-

“…to issue an order or orders or direction or writ more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondent Nos.2 and 3 in trying to dispossess the petitioners by demolishing the compound wall constructed around the plots bearing No.202, 216 and 203 and 204/part in Sy.No.116/P, Section - III in B-Block of Alakaapoor Township, Neknampur Municipality, Rajendranagar Mandal, Ranga Reddy District as illegal, arbitrary, malafide, intentional misuse of powers and in violation of Article No.14 of Constitution of India and opposed to principle of natural justice and consequently, direct the respondents not to resort to any high handed dispossession till the disposal of O.A.No.56/2016 pending before Endowments Tribunal, at Hyderabad in the interest of justice and pass all necessary orders for the said purpose…”.

2. Heard Mr.M.Srinivasa Swarup, learned counsel representing petitioners and Mr.Mangilal Naik, learned Government Pleader for Endowments appearing for respondent Nos.1 and 2. No representation on behalf of respondent No.3.

Perused the record.

3. Learned counsel for the petitioners submits that respondent Nos.2 and 3 are trying to dispossess the petitioners from their land/plots i.e., 1000 Sq. Yards and 750 Sq. Yards respectively, situated in Sy.No.116 part of Neknampur Village, Rajendranagar Mandal, Ranga Reddy District.

4. Learned counsel further submits that the 1st petitioner purchased an extent of 750 Sq. yards plots bearing No.203 and 204/part in Alakaapoor Township, Neknampur Village under registered sale deed, dated 18.11.2006 and the 2^nd petitioner purchased 1000 Sq. Yards in plots No.202 and 216 in the same township under a registered sale deed, dated 18.11.2006.

5. Learned counsel further submits that the petitioners are residents of U.S.A. and both are close relatives and they gave General Power of Attorney to their parent/father-in-law respectively to protect their plots. Further, the petitioners have constructed compound walls around their plots to prevent encroachment and they are in peaceful possession and enjoyment of the said property for the past 17 years.

6. Learned counsel further submits that one M/s.Vindhya Developers purchased the land and developed it, by converting the same into house plots by obtaining permission from HUDA vide proceedings dated 20.11.2003 and plots were laid in the said layout in a phased manner, naming it as Sector-1, 2, 3 etc., and the plots of the petitioners fall in Sector-III, B-Block.

7. Learned counsel further submits that 2nd respondent filed O.A.No.56/2016 on the file of Endowments Tribunal treating M/s.Vindhya Developers as encroachers and subsequently, the 2^nd respondent filed an application to implead 22 individuals as parties to the O.A. proceedings and in the said application, petitioners No.1 and 2 were shown at serial No.21 and 22 in the implead application and the said application was filed in the year, 2023 and numbered as I.A.No.413/2023, which is pending for adjudication, at this juncture, the 2^nd respondent demolished the compound wall of the petitioners on 22.03.2024 high handedly without any notice or opportunity to the petitioners, being residents of U.S.A., they could not take immediate steps to question the high handed act of the respondents No. 2 and 3.

8. Learned counsel further submits that O.A., was filed complaining encroachment and petitioners were sought to be impleaded in the said proceeding; from the very nature of filing the O.A. itself it is clear that the subject property is not in possession of respondents Nos.2 and 3 from decades together, mere filing of O.A complaining of encroachment does not confer any right to demolish the wall of the petitioners.

9. Learned counsel further submits that the layout was developed long back and the nature o