2025 Supreme(Online)(Tel) 69262
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
Kande Pawan Kumar – Appellant
Versus
State of Telangana – Respondent
WP 28997/2025
HON’BLE SRI JUSTICE K. LAKSHMAN
ORDER
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue, M.Srikanth Reddy, learned Standing counsel for T.S.I.I.C, appearing for respondent No.4.
2. Petitioner herein is claiming that he is the absolute owner and possessor of land admeasuring Ac.3.32 guntas in Sy.No.588/ఆ, situated at Meerkhanpet Village, Kandukur Mandal, Ranga Reddy District. In proof of the same, he has filed copy of latest passbook and title deed. It is also the contention of the learned counsel for the petitioner that the family members of the petitioner are also owners of some extent of land in the very same village. He has also filed latest pass books and title deed in proof of the same. They are in possession of the said property. Petitioner sought survey and demarcation of the aforesaid land by fixing the boundaries. He has submitted F-line application on 02.12.2024. Vide a memo dated 12.06.2024, respondent No.6 informed the petitioner that the request made by him for conducting survey and demarcation of the aforesaid property by fixing the boundaries is not permissible for the following two reasons: 1. Applied for part survey number demarcation the SD record for applied survey number is not available. If the applicant desires the full survey number, boundary can be demarcated.
2. Approach to higher authority site, TSIIC land covered.
2.1. Feeling aggrieved by the said memo, petitioner preferred an appeal before respondent No.5, by way of online application vide application No.AOD022400064972, dated 08.05.2024 and the same is pending. During pendency of the said appeal, respondent Nos.4 and 6 tried to dispossess the petitioner from the said property and also demolished compound wall constructed by the petitioner without following due procedure laid down under law. Challenging the said action of respondent Nos.4 and 6, petitioner filed the present Writ Petition. Petitioner has not produced any permission to construct the said pre cast wall encircling the subject property. The subject property is in Gram Panchayat. Therefore, petitioner has to obtain permission from the Gram Panchayat for construction of compound wall. In the present case he has not obtained permission.
3. On the other hand, Sri L.Ravinder, learned Assistant Government Pleader, on instructions would submit that land in Sy.No.112 is Ac.1059.00 guntas and the same was handed over to respondent No.4 for the purpose of Pharma city (Future city) in the year 2016 itself. Respondent No.4 is in possession of the said property. The petitioner land is abutting to said land and the petitioner is trying to encroach the land in Sy.No.112, which is Government land, allotted to TGIIC.
4. The aforesaid facts would reveal that there is a dispute with regard to the identification of the property. According to the petitioner, his land is in Sy.No.588/ఆ and according to learned Assistant Government Pleader for Revenue, petitioner is trying to encroach the land in Sy.No.112 of the very same village. Therefore, respondent No.5 has to decide the aforesaid appeal filed by the petitioner. Thereafter, petitioner has to obtain permission for construction of compound wall and proceed with construction.
5. In the light of the same, this Writ Petition is disposed of directing respondent No.5 to dispose of the appeal filed by the petitioner, vide application No.AOD022400064972, dated 08.05.2024, strictly in accordance with law by putting the petitioner, respondent No.4 and all interested parties on notice and affording them an opportunity of hearing. Further, he shall complete the said exercise within a period of thirty (30) days from the date of receipt of a copy of this order. Till then, petitioner, respondent Nos.4 and 6 shall maintain Status-Quo with regard to subject property in all respects. The petitioner shall cooperate with respondent No.5 in disposing the said appeal and also conducting survey in respect of the said property. There shall