THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.34408 of 2025

ORDER

This writ petition is filed seeking the following prayer:

“…to issue a Writ of Mandamus declaring the action of the official respondents more particularly respondent Nos.2 to 5 in not taking any action on the 6^th and 7^th respondents illegal and unauthorized construction that to encroaching into the petitioners agricultural land in Survey No.32/A/1 to an extent of Ac.0.16 gts, situated at Bhagaipalle Village, Yalal Mandal, Vikarabad District, Telangana State is being arbitrary, illegal, perverse, contrary to the Telangana Panchayat Raj Act, 2018 besides being violation of Article 14 and 300-A of the Constitution of India and consequently direct to the official respondents to forthwith initiate legal course of action including demolition of the 6^th and 7^th respondents illegal and unauthorized construction which undertaken by them encroaching the petitioners agricultural land in Survey No.32/A/1, to an extent of Ac.0.16 gts situated at Bhagaipalle Village, Yalal Mandal, Vikarabad…”

2. Heard learned counsel for the petitioner, Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3 and Sri K.Pradeep Reddy, learned Standing Counsel for Gram Panchayat appearing for respondent Nos.4 and 5. Perused the record.

3. Learned counsel for the petitioner would submit that the petitioner is the absolute owner and possessor of the property to an extent of Ac.0.8 guntas in Sy.No.350D (Old Sy.No.350A), which was standing in the name of the father of the petitioner by name Mr.Mohd Siddiqi and the property has been alienated upon the petitioner herein and he is enjoying the property as absolute owner and possessor. Respondent No.6 has applied to the Indiramma Housing Scheme, as per the guidelines of the scheme claiming the property of the petitioner as his property and applied for financial assistance from the Government and upon considering the case of unofficial respondent, without verifying, whether the claim of the unofficial respondent is legitimate or not, the official respondents have considered the case of the unofficial respondent. If the case of respondent No.6 will be considered, the petitioner’s valuable property would be effected. Aggrieved by the action of respondent No.6, the petitioner filed a necessary application before the District Collector on 21.10.2015. But, so far no action has been taken by respondent No.2. In the meantime, the unofficial respondent has encroached upon the property of the petitioner on the strength of the financial assistance passed by the official respondents. Hence, he would seek direction to the said authority to consider the case of the petitioner in accordance with law. 4. Opposing the same, learned Assistant Government Pleader would submit that the petitioner does not have any right over the property situated in Sy.No.350D, Mailpur Village, H/o. Basara Mandal, Nirmal District, which the petitioner is claiming vide Khata No.446 only based upon the pahanies and the petitioner has not enclosed the pattadar pass books along with the writ petition to demonstrate his claim, accordingly the application made by the petitioner for issuance of passbook has not been considered and the said property has been kept under prohibitory list as per the Telangana Bhu Bharathi (Record of Rights in Land) Portal. Hence, the petitioner is claiming the said property without there being any valid document, hence his claim does not hold merit. Therefore, he would seek to dismiss this writ petition.

5. Having heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and upon careful examination of materials placed before this Court, it is apparent that the petitioner made a representation to the District Collector – respondent No.2 on 21.10.2025, which is still under consideration before the said authority. Therefore, this Court without making any observations on the merits or