Telangana High Court
T. Yadgiriyadav, vs State Of Telangana on 12 February, 2025
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.3916 of 2025
ORDER:
This Writ Petition is filed seeking to declare the action of
respondent Nos.2 and 3 in issuing the impugned notice
No.B/1169/2025, dated 20.01.2025 under the Land
Encroachment Act, 1905 as illegal, arbitrary and for other
appropriate reliefs.
2. Considered the submissions of the learned counsel for the
respective parties and with their consent this writ petition is
disposed of at the admission stage.
3. It is stated that the petitioner is the owner and possessor of
Plot No.29 admeasuring 303 sq. yards, in Sy.No.24, situated at
Nehru Nagar, Saroornagar, R.R.District. It is further stated that
when third parties interfered with the peaceful possession of the
petitioner over the subject property, he was constrained to institute
a suit vide O.S.No.883 of 2022 on the file of the I Additional Junior
Civil Judge-cum-I Metropolitan Magistrate, Ranga Reddy District,
at L.B. Nagar and the said Court has decreed the suit vide
judgment and decree dated 03.07.2023. It is further stated that
the petitioner is in possession of the subject property since more
than 3 decades and eking out livelihood by rearing the cattle and
CVBR, J
wp_3916_2025
has also constructed a cattle shed in the premises for milk
business. It is further stated that respondent No.3, without taking
into consideration of the long possession of the petitioner, has
issued impugned Notice vide No.B/1169/2025, dated 20.01.2025
under Section 7 of the Land Encroachment Act, 1905 alleging that
the land in possession of the petitioner is government property and
further directed the petitioner to submit explanation within 7 days
from the date of receipt of the notice. The case of the petitioner is
that he has submitted a detailed explanation dated 30.01.2025
duly enclosing the documents to establish that he is in long
possession of the property and an injunction is operating over the
subject property. The grievance of the petitioner is that the
respondents without taking into consideration of the said
documents, are making efforts to forcefully dispossess the
petitioner from the subject property. Hence, the present writ
petition.
4. Learned counsel for the petitioner has submitted that the
action initiated by the respondents is not in consonance with the
principles of natural justice and the same is in violation of the
judgment of the Hon'ble Supreme Court in the case of Rajendra
CVBR, J
wp_3916_2025
Kumar Barjatya and another vs. U.P. Avas Evam Vikas
Parishad and others 1.
5. In view of the above, this Court without expressing any
opinion with regard to the right and entitlement of the petitioner
over the subject property and since it is stated that the petitioner
has submitted a detailed explanation dated 30.01.2025 duly
enclosing all the documents to the impugned notice dated
20.01.2025, deems it appropriate to direct respondent No.3 to
consider the said explanation dated 30.01.2025 submitted by the
petitioner taking into consideration of the documents enclosed in
support of the explanation and pass a reasoned order and
communicate the same to the petitioner. Till such time, the
respondents are directed not to take any coercive action against
the subject property of the petitioner.
6. With the above directions, this Writ Petition is disposed of.
There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending
shall stand closed.
_________________________________
JUSTICE C.V. BHASKAR REDDY
12.02.2025
Pvt
Civil Appeal No. 14604 of 2024 dated 17.12.2024
