G.Srinivas vs State of Telangana

C.V.Bhaskar Reddy, J

This writ petition is filed seeking to declare the action of respondent Nos.2 to 4 in threatening to demolish by dispossessing the petitioners from their possession and enjoyment of their plots including structures where they are residing, without following due process of law, as illegal, arbitrary and consequently prayed for other appropriate reliefs.

Considered the submissions of learned counsel for the respective parties and with their consent, this writ petition is disposed of at the admission stage.

It is stated that the petitioners were assigned house site plots in the layout of Phase-I of Ramaswamy Gutta, which covers an extent of Ac.25.01 gts., of land made into 979 plots, in Sy.Nos.529, 540 to 542 of Huzurnagar Municipality, Suryapet District, as per the policy enunciated by the Government for allotment of house sites to the Journalists in terms of the Telangana Land Revenue Act, 1317 fasli and Board Standing Orders. It is also stated that house site pattas have been issued to the petitioners vide File No.B/429/2021, dated 24.04.2023. The grievance of the petitioners is that the respondents, without conducting any enquiry and without issuing any notice, are making efforts to dispossess the petitioners from their occupation of small dwelling units constructed on the allotted house sites.

Learned Assistant Government Pleader appearing for the respondents on instructions would submit that the respondents will conduct inspection to identify as to whether the constructions in the assigned house sites have been carried out strictly in accordance with the terms and conditions stipulated in the assignment patta certificates and in the said inspection, if it found that there is any violation of the terms and conditions stipulated in the assignment patta certificates and if otherwise, the said lands are required for public purpose, the respondents will take appropriate action by following the due process of law.

As seen from record, the petitioners were allotted small extent of house sites for construction of dwelling units. The photographs of the said units which are enclosed in support of the writ petition would reveal that there are small constructions erected on the allotted house sites.

In view of the above, without going into the merits of the case, since the record reveal that the petitioners were assigned house site patta certificates and there are small constructions erected on the allotted house sites, this Court deems it appropriate to dispose of the writ petition directing the respondents to conduct inspection as to whether the constructions in the assigned house sites have been carried out strictly in accordance with the terms and conditions stipulated in the assignment patta certificates and in the said inspection, if it is found that there is any violation of the terms and conditions stipulated in the house site pattas and if the said lands are required for the public purpose, the respondents shall follow due process of law before initiating any action over the house sites of the petitioner.

With the above observations, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.