Samala Venkat Reddy vs The State Of Telangana on 14 May, 2025

Telangana High Court

Samala Venkat Reddy vs The State Of Telangana on 14 May, 2025

     THE HON'BLE SRI JUSTICE J.SREENIVAS RAO

              WRIT PETITION No.15136 of 2025

ORDER:

This writ petition is filed seeking the following relief:

“…issue an appropriate Writ order or direction more
particularly one in the nature of Writ of Mandamus declaring the
action of the respondent No.4 and his officials in resorting to
demolish the petitioners house building bearing Nos.1-40/2 and
140/3, Pocharam Village, Ghatkesar, Mandal Medchal Malkajgiri
District, without due process of law, is illegal, arbitrary,
highhanded and violative Articles 14, 21 and 300A of the
Constitution of India and consequently direct the respondents not
to interfere with the possession and enjoyment of the petitioners
house building bearing Nos.1-40/2 and 140/3 Pocharam Village,
Ghatkesar Mandal, Medchal Malkajgiri District in any manner
and not to take any coercive steps to demolish without due
process of law and pass such other order or orders…”

2. Heard Sri T. Venkat Rathnam, learned counsel for

the petitioners and learned Assistant Government Pleader

for Revenue, appearing on behalf of the respondents.

3. With the consent of the learned counsel for the

parties, the writ petition is disposed of at the stage of

admission.

4. Learned counsel for the petitioners submits that the

petitioners are the owners and possessors of the houses
2

bearing Nos.1-40/2 and 140/3 situated at Pocharam

Village, Ghatkesar Mandal, Medchal-Malkajgiri District,

having constructed the same after obtaining necessary

permissions from the Gram Panchayat, Pocharam, on

09.05.2005. The said Gram Panchayat is converted into

Pocharam Municipality and the petitioners are paying

house tax to the Pocharam Municipality. However,

respondent No.4 is trying to dispossess the petitioners from

the subject property without issuing any notice and

without following due process of law and the action of

respondent No.4 is in gross violation of the principles of

natural justice and also violative of Article 300-A of the

Constitution of India.

5. Per contra, learned Assistant Government Pleader for

Revenue, basing on the instructions furnished by

respondent No.4, submits that the subject property of the

petitioners is in government land and respondent No.4 will

follow the due process as contemplated under law.

6. Having regard to the aforesaid submissions made by

the respective parties and without expressing any view on
3

the merits of the case, respondent No.4 is directed not to

dispossess the petitioners from the subject property,

without following due process of law.

7. With the above direction, the writ petition is disposed

of. There shall be no order as to costs.

Miscellaneous applications pending, if any, shall

stand closed.

____________________________
J.SREENIVAS RAO, J

14.05.2025
Note: Issue C.C by 16.05.2025.

B/o. Pvt