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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.
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
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
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
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
THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
WRIT PETITION No.14519 of 2018
Dt.25.03.2026
tk
