Telangana High Court
Polepaka Aruna vs The State Of Telangana on 25 March, 2026
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
WRIT PETITION No.14519 of 2018
DATE OF ORDER: 25.03.2026
BETWEEN:
Polepaka Aruna and others.
... Petitioners
AND
The State of Telangana, rep. by its
Prl.Secretary to Revenue, and others.
... Respondents
: ORDER :
This writ petition is filed to declare the high-handed action of the respondents in attempting to demolish and dispossess the petitioners from their residential houses, each constructed on an area of 120 square yards in Sy.No.308 of Desaipeta Village, Warangal Urban Mandal, Warangal District, without notice and without following the due procedure established by law, as illegal and arbitrary.
2. Heard Sri Sumith Raj, learned counsel representing Sri P.Sasidhar Reddy, learned counsel for the petitioners on record and learned Assistant Government Pleader for Revenue. 2
3. Learned counsel for the petitioners would submit that petitioner No.1 is the owner and possessor of house site admeasuring 120 square yards in Sy.No.308 of Desaipeta Village, Warangal Urban Mandal, Warangal District, which was assigned to the petitioner vide file No.A2/A3/3138/2002, dated 03.05.2006; that prior to issuance of assigned patta in favour of petitioner No.1, her ancestors were in possession of the said patta. Likewise, petitioners 2 to 6 were the owners of the residential house sites admeasuring 120 square yards each in Sy.No.308 of Desaipeta Village, Warangal Urban Mandal, Warangal District (for short 'subject plots'), having acquired the same by way of assignment of pattas vide file No.A2/A3/3138/2002, dated 03.05.2006 and are in possession and enjoyment of the same.
4. Learned counsel for the petitioners would submit that an extent of Ac.74.00 guntas in Sy.No.308, is a Government land and the same has been covered by house site pattas assigned by the Government from time to time, to the landless poor people who have constructed small houses thereon and are residing therein. While the matter stood thus, on 20.04.2018, respondent No. 4, along with his staff, came to the subject plots and warned the petitioners to vacate their houses, failing which the same would be demolished; that on 21.04.2018, the respondent No.4 along with Revenue 3 Inspector and VRO with the help of local police came to the subject plots of the petitioners and demolished the structures therein. Aggrieved by the said high-handed action, the petitioners approached this Court by way of filing present writ petition and this Court vide order dated 23.04.2018 granted status quo to be maintained as on the date of the order.
5. Learned counsel for the petitioners would further submit that before taking the drastic step of demolishing the structures, the respondents neither issued notice to the petitioners nor followed due process as provided under law. Therefore, prayed to allow the writ petition.
6. Learned Assistant Government Pleader for Revenue by referring to the counter affidavit would submit that the petitioners were assigned pattas to an extent of 120 square yards each vide file No.A2/A3/3138/2002, dated 03.05.2006; that as per the norms and conditions of the said assignment of house sites, the assignees were required to construct houses within a period of three years from the date of assignment. However, in the present case, the petitioners being assignees, failed to construct houses within the stipulated period. Therefore, the respondents are entitled to reclaim/resume the assigned plots in terms of clause-6 of the 4 Assignment of Pattas. She further submits that the subject plots are located in the middle of Warangal city i.e., within a distance of 2 K.Ms. from the Mandal Head Quarters, and the same are required for allotment of Government Flagship programmes. She further submits that in view of violation of the terms and conditions of the Assignment of Pattas, the respondents were justified in taking action against the petitioners and thus the writ petition is devoid of merits and the same is liable to be dismissed.
7. A perusal of record would disclose that each petitioner was allotted an extent of 120 square yards by way of Assignment of Pattas vide File No.A2/A3/3138/2002, dated 03.05.2006, subject to certain conditions. One of such condition i.e.,clause-6 is that the assignee shall construct a house within a period of three years from the date of assignment, failing which the respondents are entitled to reclaim/resume the assigned plots.
8. In the present case, it is the specific contention of the respondents that the petitioners failed to fulfill the condition stipulated under clause-6 of the Assignment of Pattas. Therefore, the respondents are justified in taking steps to resume the plots along with the structures thereon. The Photographs placed on record along with the writ petition indicate that a newly constructed 5 tin sheds have been raised in the subject plots. There is no evidence to show that the structures were raised long ago and that petitioners are residing therein as contended by the petitioners.
9. However, the fact remains that, before taking drastic step of demolishing the structures of the petitioners, the respondents did not issue any notice to the petitioners, in clear violation of the principles of natural justice. Further, the subject plots were assigned to the petitioners in the year 2006, whereas the respondents resorted to demolition of the structures in the year 2018, that too without issuing any notice.
10. In the light of the above the Writ Petition is disposed of with a direction to the respondents to follow the due procedure as provided under law for resumption of the subject plots assigned to the petitioners in terms of Clause-6 of the Assignment of Plots, by duly issuing notice and affording opportunity of hearing to the petitioners. Till such time both the parties shall maintain status quo. There shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
___________________________________ LAXMI NARAYANA ALISHETTY, J Date: 25.03.2026 tk 6 THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.14519 of 2018 Dt.25.03.2026 tk