HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.30950 of 2022

ORDER:

This writ petition is filed seeking to declare the action of respondent Nos.3 to 5 in demolishing the shed constructed by the petitioner at the premises bearing house No.13-4-582/A/1, situated at Karwan, Kulsumpura, Gudimalkapur Village, Asifnagar Mandal, Hyderabad, without giving any notice and opportunity of hearing to the petitioner, as illegal, arbitrary and for other appropriate reliefs.

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

3. It is stated that the petitioners are the owners and possessors of the premises bearing house No.13-4-582/A/1, admeasuring 1000 sq. yards, situated at Karwan, Kulsumpura, Gudimalkapur Village, Asifnagar Mandal, Hyderabad, having purchased the same under registered sale deed vide document No.302 of 2019, dated 10.01.2019. It is also stated that the petitioners have obtained all the necessary permissions from the local authorities and the subject house was assessed for property tax. The case of the petitioners is that the respondent authorities, under the influence of respondent Nos.8 to 10, have demolished the shed constructed in the subject property and making efforts to forcefully dispossess them from the subject property, without issuing any notice or without following the procedure as prescribed under the Land Encroachment Act, 1905 (for short, ‘the Act, 1905’).

4. Learned counsel for the petitioners submitted that the action of the respondent authorities in demolishing the property of the petitioners and making efforts to forcefully dispossess the petitioners from the subject property, without issuing notice amounts to violation of principles of natural justice and violative of Articles 14, 21 and 300-A of the Constitution of India.

5. Learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 5 has submitted that the petitioners, by encroaching the government land have made construction in the subject property. He further stated that except filing the property tax receipts, the petitioners have not produced any documents of title to claim rights over the subject property.

6. Prima facie, it appears from the record that the petitioners have purchased the house bearing No.13-4-582/A/1 and the said house was assessed for property tax from the Municipal authorities. It is also seen from the record that the petitioners have obtained necessary permissions for power supply and water supply connections and they are in possession and enjoyment of the said property. If the subject property is recorded as government land in the town survey records or any revenue records, the respondents are entitled to initiate appropriate action for eviction by following the guidelines issued by the Hon’ble Apex Court in Rajendra Kumar Barjatya and another vs. U.P. Avas Evam Vikas Parishad and others, Civil Appeal No. 14604 of 2024 dated 17.12.2024 wherein, it is held that a prior notice has to be issued to the persons who are in possession of the property before initiating any action. Further, the Hon’ble Apex Court has also laid down certain guidelines for removal of the encroachments over the government land.

7. In view of the above, this Court deems it appropriate to dispose of this Writ Petition directing the respondent authorities to strictly follow the directions issued by the Hon’ble Apex Court in Rajendra Kumar Barjatya (supra), by issuing notice to the petitioners calling for explanation, before initiating any action for removal of the existing structures and after considering the

documents placed by the petitioners, pass appropriate reasoned order in accordance with law. Till passing of the order, the respondent authorities are directed not to take any coercive action on the petitioner over the subject property, in any manner.

8. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, the miscellane