HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.5701 of 2025

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“….to issue writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS by directing the actions of the Respondents more particularly respondent Nos.4 to 6 in interfering into the peaceful possession of the property by demolishing part of the Compound wall of the petitioners subject property without there being any prior notice issued upon the Petitioner in respect lands possessed by the petitioners admeasuring Ac.0.14 Gts situated in Gramakantam of Ambatpally Village, Lingala Mandal, Nagarkurnool District, Telangana state as being illegal, arbitrary and without jurisdiction and consequently direct the Respondent Nos.4 to 6 herein to pay the compensation of Rs.10,00,000/- Rupees Ten Lakhs towards the damages occurred to the petitioners subject property.…”

2. Considered the submissions of the learned counsel for the respective parties and perused the record.

3. It is stated that the petitioners have purchased the land to an extent of Ac.0.20 guntas situated at Gramakantam of Ambatpally Village, Lingala Mandal, Nagarkurnool District, under sadabainama/unregistered sale deeds, dated 13.03.1975 and 03.04.1996, and out of the said extent, the petitioner No.1 sold an extent of Ac.0.06 guntas in favour of third parties and thus, the petitioners are in possession of remaining extent of Ac.0.14 guntas, which is adjacent to Gramakantam of Ambatpally Village, Lingala Mandal, Nagarkurnool District.

4. Sri T. Srikanth Reddy, learned counsel for the petitioners submitted that petitioners are in possession of remaining extent of Ac.0.14 gts of land by encircling the same with compound wall but the respondents claiming that the said land is Gramakantam village site has demolished part of the compound wall without issuing any notice. It is further submitted that constructions made by the petitioners is not of recent origin and therefore, the respondents are not entitled to invoke the summary procedure under the Land Encroachment Act, 1905. In support of his submissions, the learned counsel relied upon the decision of Hon’ble Supreme Court in Government of Andhra Pradesh v.

Thummala Krishna Rao1 case.

5. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents submitted that Grama Kantam/Village Sites are vested in the State as per Section 101 of the Telangana Land Revenue Act, 1317 Fasli and therefore, the revenue authorities are competent to issue notice

1 AIR 1982 SC 1081

for eviction and also collect the penal charges for occupation of the Grama Kantam/ Village Sites.

6. Considered the submissions of learned counsel for both sides and perused the record.

7. There is a dispute with regard to nature and classification of the subject lands as to whether they are Grama Kantam/ Village Site as claimed by the respondents or the patta lands as claimed by the petitioners. It is settled law that respondents are not having any power or authority to invoke the summary procedure under the provisions of the Land Encroachment Act, 1905 if the constructions are not of recent origin and they are only entitled to take steps for removal of the encroachment if it is of recent one.

8. Since it is the case of the petitioners that they are in possession of the subject lands since long time and the respondents have demolished part of the compound wall without conducting any enquiry, this Court is of the view that ends of justice would be met if the respondents are directed to follow the procedure as contemplated under the provisions of the Land Encroachment Act, 1905 and also the guidelines issued by the Hon’ble Supreme Court in Rajendra Kumar Barjatya and another vs. U.P. Avas Evam Vikas Parishad and others, Civil Appeal No. 14604 of 2024 dated 17.12.2024, after issuing notice to the petitioners and after providing them an opport