IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.46854 of 2022 THE 17^TH DAY OF DECEMBER 2025 Between:

Mohammed Hidayatullah.

…Petitioner AND The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, BRK Bhavan, Hyderabad & three others.

…Respondents

ORDER

Heard Sri R.A.Achuthanand, learned counsel for the petitioner, Smt. S.Sravanthi, learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 4.

Perused the material on record.

2. Learned counsel for the petitioner submits that the petitioner filed the present Writ Petition seeking to declare the action of the respondent No.3 in interfering with the possession and enjoyment of petitioner’s agricultural land admeasuring Ac.0-22 guntas in Sy.No.389/A/A/A, situated at Singaram Village, Narayanpet Mandal and District (for brevity, “subject property”), without following due process of law, as illegal and arbitrary.

3. Learned counsel for the petitioner further submits that the petitioner is the absolute owner and possessor of the subject property under a registered Gift Deed bearing Doc.No.4658 of 2020 dated 06.03.2022, executed by the petitioner’s father, Sri Gulbarga Niyaatulla @ Md.Niyamatulla, S/o. Md.Rahamatullah. Initially, the respondent authorities issued Form 1B (ROR) dated 04.09.2013 in favour of the father of the petitioner for the subject property, subsequently issued Khata No.668 and e-Pass Book No.T01220070427. Thereafter, the said property was gifted to the petitioner by his father vide Gift Deed dated 06.03.2020.

4. Learned counsel for the petitioner further submits that the petitioner is also the owner of the land admeasuring Ac.1-00 guntas in Sy.No.31/e, situated at Kourampally Shivar of Narayanpet Mandal and District. On an earlier occasion, the respondent/Government issued land acquisition proceedings vide No.F/1117/2021 dated 10.10.2022 with regard to Sy.No.31. Aggrieved by the action of the respondents, the father of the petitioner along with other owners filed W.P.No.39543 of 2022 before this Court, which is pending consideration. In spite of having possession over the subject property, the respondent authorities interfered with the possession of the petitioner without following due process of law, as the subject property is adjacent to Sy.No.31.

5. On the other hand, learned Assistant Government Pleader for Revenue basing on the counter filed by the respondent Nos.2 to 4 submits that the respondent authorities did not interfere with the possession of the petitioner over the subject property. During survey, it was found that under the guise of Gift Deed No.4658 of 2020 dated 06.03.2020, the petitioner encroached upon the Government land in Sy.No.31, which is situated adjacent to the petitioner’s patta land in Sy.No.389/A/A/A to an extent of Ac.0-22 guntas, situated at Singaram village of Narayanpet Mandal and District. The respondent authorities did not take steps to acquire the land of the petitioner and there was no interference of the petitioner’s subject property in Sy.No.389/A/A/A. As such, there is no cause of action in this writ petition. In view of the same, learned Assistant Government Pleader requested this Court to dismiss the Writ Petition.

6. After hearing both sides and on perusal of the entire material on record, this Court is of the considered view that there is no dispute that Sy.No.389/A/A/A to an extent of Ac.0-22 guntas, situated at Singaram Village, Narayanpet Mandal, belongs to the petitioner’s family. Originally, the father of the petitioner was the owner and possessor of the subject property and the same was gifted in favour of the petitioner vide registered Gift Deed No.4658 of 2020 dated 06.03.2020.

7. The respondent authorities, in their counter, merely stated that the petitioner encroached upon the Government land in Sy.No.31 of Kourampally Shivar under the guise of Gift Deed No.4658 of 2020 dated 06.03.2020 and did not