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2026 Supreme(Online)(Tel) 15821
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Laxmi Narayana Alishetty, J
MOHD. ASHFAQ HUSSAIN – Appellant
Versus
THE STATE OF TELEGANA – Respondent
WRIT PETITION No.395 of 2018
For the Appellants/Petitioners: Abida Ayub, Mohd. Moin Ahmed Quadri
For the Respondents: Assistant Government Pleader for Revenue, V.Narasimha Goud
The court held that individuals cannot be dispossessed of their patta lands without following due process of law, especially when the state authorities admit no government interest in the subject property.
Headnote:(A) Right to Property - Due Process - Dispossession from patta land without following legal procedure is arbitrary and violates constitutional guarantees. (Para 1, 3.1)
(B) Writ of Mandamus - Protection of Possession - Where the state/authority admits no government interest in the land and acknowledges private ownership, the petition for protection of possession is granted by recording such statements. (Para 4, 6)
Issues: Whether the petitioners can be dispossessed from their patta lands without following due process of law.
| Table of Content |
|---|
| 1. claim of ownership and protection against illegal dispossession. (Para 1 , 2 , 3) |
| 2. admission of private ownership by state authorities. (Para 4 , 5) |
| 3. disposal of writ petition based on admissions. (Para 6 , 7) |
ORDER
This Writ Petition is filed to issue a Writ of Mandamus declaring the action of respondent No.3 and its officials in trying to dispossess the petitioners by way of interfering with their peaceful possession and enjoyment over the land admeasuring 1288.88 yards in Sy.No.18/5 situated at Uppepally Village, Rajendranagar Mandal, Ranga Reddy District, without following due procedure contemplated under law, as illegal, arbitrary, unconstitutional and in violation of principles of natural Justice and Articles 14, 19, 21 and 300A of Constitution of India and consequently, to direct the respondents not to interfere with peaceful possession and enjoyment of the petitioners over the subject land without following the procedure contemplated under law
2. Heard Ms. Abida Ayub, learned counsel, representing Sri Mohd. Moin Ahmed Quadri, learned counsel-on-record for the petitioners, learned Assistant Government Pleader for Revenue and Sri V.Narasimha Goud, learned Standing Counsel for respondent No.4/HMDA.
3. Learned counsel for petitioners submitted that the petitioners are owners of land admeasuring 1288.88 yards in Sy.No.18/5 situated at Uppepally Village, Rajendranagar Mandal, Ranga Reddy District, having purchased the same through registered Sale Deeds bearing document Nos.6815/2016, 5803/2017, 8204/2017, 9824/2016 and 9825/2016 and have been in continuous possession and enjoyment of the subject lands.
3.1. Learned counsel further submitted that the subject lands are patta lands and the names of vendors of the petitioners are recorded in the pahanies; that on 30.12.2017, respondent No.3, on instigation of respondent No.4, tried to dispossess the petitioners from the subject lands without issuing notice and without following the procedure contemplated under law. He further submitted that right to property is guaranteed under Article-300A of Constitution of India and the petitioners being absolute owners cannot be deprived of the same and therefore, he prayed to allow the Writ Petition.
4. Counter is filed on behalf of HMDA inter alia contending that the subject lands are patta lands belonging to the petitioners and no Government interest is involved, therefore, the question of interference and dispossessing the petitioners from the subject lands by respondent No.3 does not arise.
5. Learned Assistant Government Pleader for Revenue reiterating the contents of the counter submitted that the Writ Petition is misconceived as it is filed on apprehension that the petitioners may be dispossessed from the subject lands.
6. Recording the statements made in the counter, as reiterated by learned Assistant Government Pleader for Revenue, this Writ Petition is disposed of.
7. Miscellaneous petitions pending, if any, shall stand closed. No costs.
