THE HON’BLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.1421 OF 2024

O R D E R:

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

“… to issue an appropriate Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent Nos.2 to 4 in evicting the petitioners without issuing any notice or service of any other from their houses situated at H.No.17-246, 17-250, 17-219/1, 17-255, 17-249, 17-217 and 17-241 at J.L.N.S Nagar, Malkajgiri, Medchel-Malkajgiri District as illegal, arbitrary, violative of elementary principles of natural justice and pass such other order or orders …”

2. Heard Ms. Preethi, learned counsel representing Mr.K.Pratik Reddy, learned counsel for the petitioner and Mr.Mangilal Naik, learned Government Pleader for Endowments appearing for respondent Nos.1, 2 and 5 and Sri Sridhar Bhunvanagiri, learned Assistant Government Pleader for Home appearing for respondent No.4 and Sri C.H.Satish Kumar, learned Standing Counsel for Endowments appearing for respondent No.3.

3. The brief facts of the case are that the Petitioners are living in the house bearing Nos.17-246, 17-250, 17-219/1 and 17-255, 17-249, 17-217, 17-241 situated at JLNS Nagar, Malkajgiri, Medchal-Malkajgiri District and are in possession since 40 years and the petitioners are paying all taxes, electricity and water bills to the appropriate authorities. On 10.01.2024, respondent Nos.2, 3 and 4 without issuing any prior notice to the petitioners and without having any right over the property, entered into the houses of the petitioners and forcefully thrown them out and locked the houses. Aggrieved by the above action, present Writ petition is filed.

4. Learned counsel for the petitioners submits that under the guise of order passed by the learned Tribunal in O.A.Nos.58 of 2022 to 62 of 2022 and 65 of 2022 to 70 of 2022 on the file of the learned Telangana Endowments Tribunal at Hyderabad dated 28.07.2023, the respondents are attempting to evict the petitioners herein. The said applications filed by the respondent Nos.2 and 3 against some individuals praying to declare them as encroachers of the schedule property and to remove the encroachment are allowed. However, the petitioners are not parties to the said applications. Since the petitioners are in possession of the property by virtue of sale deedthey have no knowledge about the proceedings before the learned Tribunal and have gone into utter shock and surprised by the action taken by the respondents herein who are in continuous possession of their respective houses by virtue of the sale deed executed in their favour by the original legal title holders of the said property.

5. She would further submit that the respondents are trying to evict the petitioners by virtue of the aforesaid orders without issuing any notice. Hence, she would further submit that the petitioners are put to hardship due to the illegal action of the respondents and their future lives are jeopardized. This Court prima facie considered the case of the petitioners and directed the respondents not to interfere with the possession of the petitioners over the subject property and the said interim order has been extended from time to time.

6. Learned counsel for the petitioners would further submit that this is a classic case where the respondents are trying to evict the petitioners without issuing any notice which is nothing but the violation of principles of the natural justice. The petitioners are under the verge of eviction due to the illegal activities of the respondents, who had obtained order on their back against the vendors of the petitioners herein who are no longer staying in the said property and therefore would seek indulgence of this Court and pass appropriate orders to protect the petitioners herein.

7. Sri Mangilal Naik, learned Government Pleader for Endowments appearing for respondent Nos.1, 2 and 5 and Sri C.H.Satish K