Uppunuri @ Uppunoori Sambaiah v. State Of Telangana
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction) TUESDAY, THE THIRry FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 36988 0F 2024 Between:
1. Uppunuri. @_ Uppunoori Sambaiah, S/o. Uppunuri @ Uppunoori Chinna Venaka-iah, Aged about 62 years, Occ. Daily Wagelabbi_rrer, Rt/o. NSp Camp, Nidamanoor Village and Mandal, Nalgonda Diatrict - SOB27B
2. Uppunuri @ Uppunoori Venkatamm-a @ Venkamma, Wo. Uppunuri @ pppunoori Sambaiah, Aged about 58 years, Occ. House Wife, iVo. NSF Camp, Nidamanoor Village and Mandal, Nalgonda District - SOB27B. ...PETITIONERS AND
1. State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.
2. The District Collector, Nalgonda District - 508001.
3. The Tahsildar, Nidamanoor Mandal, Nalgonda District - SOA27B. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Direction or Order declaring the actions of the 3rd respondent - (1) in not regularising the property admeasuring 210 Sq.Yards, in Survey No. 230, Nidamanoor Mandal, Nalgonda District (subject property) despite the Petitioners compliance with all the procedural requirements including payment of charges as determined by the 3rd respondent (2) in issuing notice d1.1211212O24 vide LR.No.B/1681/2O22 uls.7 of the Land Encroachment Act while the Petitioners application for regularising the subject property is pending with the very same authority. and (3) in threatening to demolish the subject property without even considering the Reply dt. 12112t2O24 submitted by the Petitioners - as illegal, arbitrary, unjust and violative of principles
_____€r.A!i++, of naturar justice and Articres 14 and 21 0f the constitution of rndia, and consequen'y set-aside the notice dt.12/1212024 vide LR.No.B/ 1681t2022 issued by the 3rd respondent uls.7 of the Land Encroachment Act including the consequentiar proceedings if any, and further direct the Respondents to forthwith regularize the subject property in favour of the petitioners. 1A NO: 1 OF 2024 petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respond€ nts not to interfere with the petitioners possession and enjoyment of the property admeasuring 210 Sq yards in Survey No. 230 Nidamanoor Mandal, Nalgonda District pending disposal of the writ petition. Counsel for the petitioner : SRI J.PRADEEP KIRAN Counsel for the Respondents: AGp FOR REVENUE The Court made the following: ORDER j
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY \:IT PETITION No.36988 of 2024 l ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India for the lollowing relief: "..to issue u..tit or order or direction more particularlg in the nature of Writ of Mandamus declaing the actions of the 3d respondent - (1) in not regulaising the propeftA admeasuing 210 Sq Yards in Surueg No.230, Nidamanoor Mandal, Nalgonda Distict ('subject propertA') clesptte the Petitioners compltance uith all the procedural requirements incliding paAment of charges as deterrnined bA the 3d respondent (2) in issuing notice dt.12/12/2024 uide LR.No.B/ 1681/2022 u/s. 7 of the Land Encroachment Act u.thtle the Petitioners application for regulaising the subject property is pending tuith the uery some authoitg and (3) in threatening to demolish the subject propertg uithout euen considering the Replg dt.
12/ 12/ 2024 submitted by the Petitioners, as illegal arbitrary unjust and uiolatiue of pinciples of natural justice and Articles 14 and 21 of the Constitution of India and consequentlA set aside the nottce dt.12/12/2024 utde LR.No.B/ 1681/2022 issued by the 3d respondent u/s 7 of the Land Encroachment Act including the consequential proceedings if any and further direct the Respondents to forthl\ith regalarize the subject propefty in fauour of the Petitioners and pass. " 2.
Considered the submissions of the learned counsel for the respective parties and with their consent this writ petition is l disposed of at the admission stage.
3.
It is stated that the petitioners belong to SC (Madiga) community and are economically backward and they are in occupaltto* of a arftntng unit in Sy.No.23O, of Nidamanoor Village
cvBR' J wp-3698A-2024 and Mandal, Nalgonda District since more than three decades' It is further stated that they have made a representation to respondent No.3 for regularization of the subject property in terms of the policy laid down under G.O.Ms.Nos.58 and 59 of 2O15, dated 3O'12'2024' It is further stated that the said GOs are kept in abeyance by the State Government. The case of the petitioners is thzrt respondent No.3 has issued a notice uide LR'No'B I 1681 12022' dated 12.12.2024 under Section 7 of the Land Encroachment Act' 19O5' (for short, 'the ActJ treating the occupation of the petitioner as arl encroachment and making efforts for removal of the same' The further case of the petitioners is that soon after receiving the said notice issued under Section 7 of tl.;e Act, they have submitted an elaborate explanation dated 17 '12 '2024 by duly enclosing necessary documents.
4.
In view of the above, it appears that the matter is seized before respondent No.3. Therefore, this Court deems it appropriate to dispose ol the writ petition directing respondent No'3 to examine theexplanationdated:1T.l2.2o24submittedbythepetitionerand pass a reasoned order strictiy in accordance with the provisions of theActandcommunicatetheSametothepetitioner.Untilthesaid exercise is c:ompleted, the respondents are directed not to take any coercive actrot-t
,-,r;;;\ CIIBR, J wp_36988_2024 5.
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.
SD/.P. CH. NAGABHUSHAMBA ASSISTANT REGISTRAR I I //TRUE COPY// CTION OFFICER To, 1 . The Principal Secretary, Revenue Department, State of Telangana, Secretariat, Hyderabad.
2. The District Collector, Nalgonda District - 508001.
3. The Tahsildar, Nidamanoor Mandal, Nalgonda District - 508278.
4. One CC to SRI J.PRADEEP KIRAN, Advocate. [OPUC]
5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. touTl
6. Two CD Copies.
BSK BS di, I
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i HIGH COURT DATED:31 l1t\l2024 .,,qlAra 2[25 22 tLB o t I ptr ?
D 9
ORDER
WP.No.3698B of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS z:rCari4 (:/ '
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