THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.33569 of 2025

ORDER :

The present writ petition is filed by the petitioner under Article

226 of the Constitution of India for the following relief :

“… seeking issuance of a writ, order or direction more particularly one in the nature of Mandamus or any other appropriate writ declaring the action of respondents more particularly respondents 2 to 5 in trying to dispossess/demolish house of the petitioner in agricultural land in Sy.No.328 an extent of Ac.0.08 gts., situated at Bhulkapur Village, Shankarpally Mandal, Rangareddy District which was in possession of the petitioner since 2005 without following due procedure of law is Illegal, arbitrary and contrary to law, and violative of the principles of natural justice, fair play, and the fundamental rights guaranteed under Articles 14, 21, and 300-A of the Constitution of India, and consequently direct the respondents No.2 to 5 not to interfere with the peaceful possession and enjoyment of the land of the petitioner and structures in Sy.No.328 an extent of Ac.0.08 gts situated at Bhulkapur Village, Shakarpally Mandal, Rangareddy District without following due process of law….”

2. Heard Sri Raja Sreepathi Rao, learned senior counsel appearing for learned counsel for petitioner Sri Ramulu Pasupula and Sri L.Ravinder, learned Assistant Government Pleader appearing on behalf of learned Government Pleader for Revenue Sri K.Muralidhar Reddy.

3. The learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of various extents of agricultural lands in Bhulkapur Village, Shankarpally Mandal, Ranga Reddy District, purchased under registered sale deeds bearing document Nos.2834 of 2005, 7616 of 2006 and 7617 of 2006, standing in the name of “Rama Raju Aqua Farms.” The petitioner’s name was duly mutated in the revenue records vide Proceedings Nos. B/1346/2005 dated 30.05.2005 and B/1958/2006 dated 16.11.2006 and the same is reflected in the revenue records and on the Bhubharathi Portal.

(a) It is submitted that Sy.No.328, to an extent of Ac.0.08 guntas, situated on the north-eastern side of the petitioner’s lands, has in times gone by been used as an access pathway by the petitioner’s vendors, who also dug a bore well therein. After purchase, the petitioner constructed a small house, bearing Municipal No.6-1, used for storage of agricultural material. The petitioner has been regularly paying property tax and electricity charges.

(b) The petitioner and his vendors have been in uninterrupted, peaceful physical possession and cultivation of the subject lands, including Sy.No.328, for the past 40 years. Mango trees are standing in Sy.No.328 and the petitioner asserts absolute possessory rights over the entire extent.

(c) On 25.07.2025, the Mandal Surveyor, Shankerpally, issued a notice without a file number, based on an application filed by certain Bhulkapur villagers seeking a survey of lands in Sy.Nos.171, 172, 173, 174 and 328, proposing to conduct the survey on 26.07.2025. The petitioner filed objections to the same, however, respondent No.5 conducted the survey without furnishing any report.

(d) It is submitted that on 01.11.2025, respondents Nos.3 to 5, without issuing any prior notice and despite the pendency of the petitioner’s application dated 15.09.2025 for regularization (filed without admitting encroachment), attempted to demolish the petitioner’s structure in Sy.No.328 and remove the bore well, alleging encroachment of Government Gairan land. Their attempt was resisted with the intervention of local elders, but the respondents threatened to return with police force.

(e) The petitioner contends that he is in continuous and peaceful possession of Sy.No.328 and that any action for dispossession or demolition must strictly conform to due process. Summary action, as attempted by the respondents, is illegal, arbitrary, violative of Articles 14, 21, and 300-A of the Constitution and constitutes a gross