The State Of Telangana vs Bobba Swarajyam
2022 Latest Caselaw 4079 Tel

          THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                             AND
             THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
                                   W.A.No. 507 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)

        Heard        Mr.      Parsa      Ananth         Nageshwar   Rao,   learned

Government Pleader for Revenue appearing for the appellants and

Mr. Venkateshwar Rao, learned counsel for the respondent.

2. Appellants before us are State of Telangana and its officials.

Challenge made in this writ appeal is to the interlocutory order

dated 20.07.2022 passed by the learned Single Judge in

W.P.No.29701 of 2022.

3. The related writ petition has been filed by the respondent as

the petitioner alleging interference by the appellants in the

construction carried out by her over the land admeasuring 505

square yards in Plot Nos.17 and 18 in Survey Nos.69 and 70 of

Gachibowli Village, Serilingampally Mandal, Ranga Reddy District

(briefly 'the subject land' hereinafter).

::2::

4. On 20.07.2022, learned Single Judge passed the following

interim order:

This is a case where the construction that is undertaken by the petitioner pursuant to the permission obtained from the competent authority is destroyed by respondent No.5 without issuing any notice and without following any procedure in a highhanded manner. The photographs filed along with the writ petition show that the construction activity, which is in process, is badly damaged. This matter came up yesterday for consideration and learned Assistant Government Pleader for Revenue placed before this Court the written instructions received from respondent No.4, which read as under:

Further it is to submit that on regular inspection, the field staff of this office have identified the petitioner plot, under the guise of other Sy.Nos., the petitioner is trying to start construction activity in Govt., land in Sy.No.91 of Gachibowli Village, Serilingampally Mandal.

Further it is submitted that as per the survey report of the Mandal Surveyor, the petitioner Plot No.17 falls within the Government land bearing Sy.No.91 of ::3::

Gachibowli Village, Serilingampally Mandal, Ranga Reddy District.

Having noticed the same, the matter was adjourned to today for placing on record, the survey report said to have been conducted by the Mandal Surveyor.

Today when the matter is taken up, the location sketch of Survey Nos.69, 70 and 91/P of Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, is placed before this Court showing that the plots which are being claimed by the petitioner fall within Survey No.91. However, no survey report is placed on record.

According to learned counsel for the petitioner, the petitioner was never put on notice, while conducting any survey by the Mandal Surveyor. The sketch of Survey No.70 of Gachibowli Village for the land admeasuring Acs.7.04 guntas downloaded from the Dharani Website is placed on record at page No.50 of the writ petition paper book. According to learned counsel, the plots of the petitioner are located in Survey No.70 on the said sketch. The entire land in Survey Nos.70 and 69 is covered by houses and constructions.

The action of respondent No.5 in highhandedly destroying the construction being carried on by the ::4::

petitioner pursuant to a permission obtained from a competent authority is unacceptable and contrary to the settled principles of law.

In the circumstances, while giving liberty to the petitioner to make appropriate complaint to respondent No.6 against the damage caused to the property of the petitioner, the respondents are directed not to interfere with the possession of the petitioner over the subject plots until further orders. lf any such complaint is made by the petitioner, respondent No.6 shall take appropriate action in accordance with law.

Meanwhile, the respondents are directed to file their counters positively within a period of two weeks.

Post on 03.08.2022.

5. From the above, it is evident that the writ petition is pending

consideration before the learned Single Judge. According to the

respondent, without putting her on notice, appellants have

damaged the construction carried out by her on the subject land.

6. However, according to the appellants, though the sketch

prepared by the Mandal Surveyor shows the subject land to be ::5::

situated in Survey Nos.69 and 70, it is actually situated in Survey

No.91, which is a government land.

7. Be that as it may, these are matters which are required to be

decided in the writ petition. However, to ensure that no further

complications arise, we modify the order of the learned Single

Judge dated 20.07.2022 to the extent that while the appellants shall

not interfere with the possession of the respondent over the subject

land, respondent shall also maintain status quo as on today in respect

of construction over the subject land or alienation thereof till writ

petition No.29701 of 2022 is decided by the learned Single Judge.

8. Further, having regard to the fact that construction has been

interdicted midway through, it is necessary that the writ petition be

heard at an early date. Appellants to file counter-affidavit positively

in the writ petition by the next date whereafter we request learned

Single Judge to take up the writ petition for hearing at an early date.

9. This disposes of the writ appeal. No costs.

::6::

As a sequel, miscellaneous petitions, pending if any, stand

closed.

__________________ UJJAL BHUYAN, CJ

_______________________ C.V.BHASKAR REDDY, J Date: 08.08.2022 LUR