Sri Nalla Malla Reddy v. 1. The State of Telangana

Petition under seclion 15't.CPC praying that in the circumstances stated in the affidavit fired in sunport of the p"irtio?i, inl'iigh court may be preased to direct the respondent authorities to ,i"it" irit"i"r"',n ,ry ,"nnur / demorish the subject compound wa, constructed i" ,y p;i;';; in Sy No.739/4 of Korremuta vittage and in ptot bearing Nos.1 to 5;;dE;; iio.. oo_,o 66 and 224,22s,226, 223 and 222 in phase _ il srtu;t;-i;;; ;; N:J;; of Kachivanisingrr",n virLg" Ghatkesar Mandar' tr/edchar-Markaigiri oiiri"i rr;unding the house and office buitdins of rhe petitioner, pendins dti;r;i;;i;" il)rit petition. Counsel for the petitioner: SRt G. NARENDER REDDY COUNSEI fOr thE RESPONdENT NO.1: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for the Respondent No.2: ASST. Gp FOR REVENUE Counsel for the Respondent No.3 & 4: SRI K. RAVINDER REDDY, SC FOR HYDRAA The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.713 of 2025 ORDER: Heard learned counsel appearing for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No. 1, .learned Assistant Government Pleader for Revenue app6aring for respondent No'2 and Sri Katika Ravinder Reddy, learned Standing counsel appearing for respondent No.3 and 4' Perused the record'

2. Petitioner herein is claiming that he is the absolute owner and possessor of lald admeasuring Ac'O-2 1 gts'' in Sy.No.739/A, situated at Korremula village, Ghatkesar mandal, Medchal-Malkajgiri district, on the strength of a registered sale deed bearing document No'5611 of 2001' dated 06.11.20O1. He is in possession of the same'

3. He is also owrrer of plot Nos'1 to 5,64 to 66'224' 225, 226, 223 and 222 of Divya Nagar Layout, Phase-II' KL, W. P.No 7 13 of 2025 2 situated i;r Sy.No.6O of Kachivanisinga,rarn village, Ghatkesar mandal, Medchal-Malkajgiri district. He has constructecl a residentia-l house, oflice and school therein. He is in pcssession of the sarne. Even then, respondent No.4 has issued impugned notice, dated 20.11.2024 stating th:at he has received a complaint, dated

24.09.2024 alleging that petitioner 1S blocking layout roads at Dirrya Nagar, Kachavani Singaram, in Pocharam Municipalit'y, Medchal-Malkajgiri district. The said blocking is specifically mentioned in the said notice and it is as follows: L 50 feet road connecting to further colonies at Plot No's (1 , 2, 3, 4,5) and (225,2261 II. 4O feet road connecting to further colonies at Plot No's (224, 2251 and (66,67l' III. 25 feet road connecting to further colonies at Plot No's (224, 227) and (198, 199) IV. 25 feet road connecting to further colonies at Plot No's 2 t8 and (2L6,217) V. 40 feet road connecting road from Divl'a Nagar phase-V to Kachavani Singaram at Plot No's 797 and 798. KL,J W.P.No.713 of 2O25 J Therefore, respondent No.4 instructed the petitioner to unblock the said roads, failing which the same will be removed and expenses will be recovered from the petitioner and apart from that legal action will be initiated. Challenging the said notice, petitioner frled the present writ petition. +. Perusal of the said notice, dated 2O.11.2024 would reveal that respondent No.4 has issued the said notice only referring to the complaint, dated 24.09.2024. There is no mention about the site inspection, if any, conducted on the said complaint. Therefore, basing on the said complaint, respondent No.4 cannot come to a conclusion that petitioner blocked the aforesaid roads. He has to inspect the site, conduct an enquiry by putting a-11 the interested parties on notice and then he has to issue the said notice and take action against the petitioner. Without doing so, respondent No.4 has issued the impugned notice, dated 20.LL.2024 instructing the KL,J W-P.No.713 ot 2025 4 petitioner to unblock the roads mentioned therein. Therefore, this Court is of the considered view that the impugned notice, dated 20.11.2024 is without any basis and is not in accordance with law. Therefore, it is liable to be set aside and accordingly, set aside.

5. Matter is remanded back to respondent Nos.3 and 4 to consider the complaint, dated 24.O9.2024 and conduct site inspection. If, the allegations made in the complaint, dated 24.09.2024 are found to be true and that petitioner is blocking the aforesaid roads, they have to take action against thr: petitioner, strictly in accordance with the procedure laid down under law.

6. While conducting site inspection and enquiry, respondent Nos.3 and 4 shall put the petitioner and all interested parties including plot owners of Dir,ya Nagar Layout, Phase-II, Kachivanisingar€rm village, Ghatkesar mandal, Mr:dchal-Malkajgiri district on notice and afford them an opportunit5r of hearing. They shall complete the KL,J W.P.No.713 of 2025 5 said exercise within a period of eight (8) weeks from the date of receipt of a copy of this order. Liberty is granted to the petitioner to raise objection with regard to the jurisdiction of respondent Nos.3 ar:d 4 while conducting the said enquiry.

7. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. SD/.P.CH.NAGABHUSHAMBA ASSISTANT REGISTRAR //TRUE COPY// S TION OFFICER '1. The Principal Secretary, Municipal Adminiskation and Urban Development Department The Statebf Telangana, Dr. B.R. Ambedkar Telangana State Secretariat Buildings, Hyderabad

2. The District Collectbr (Lircal Bodies), lntegrated District Colleitorate Complex 3. The C6mmissioner, Hyderabad Disaster Response and Asset Protection Anthaipalli, Shameerftt Mandal Medchal-Malkajgiri Diskict, TS Agency (HYDRAA), 7[h Floor, Budha Bhavan Raniguni side of Tank Bund, Hyderabad

4. The Deputy City Planner Hyderabad Disaster Response and Asset Protection Agency (HVDnA4), 7th Flobr, Budha Bhavan Ranigunj side of Tank Bund, Hyderabad

5. Oile CC to SRI G. NARENDER REDDY, Advocate [OPUC] 6. One CC to SRI K. RAVINDER REDDY, SC FOR HYDRAA [OPUC] 7. Two CCs to GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT, High Court for the State of Telanga-na- [Op]i.

8. Two CCs to GP FORREVENUE, High Court for the State of Telangana. [OUI

9. Two CD Copies BN BSK To, s HIGH COURT DATED:0810112025 ORDER WP.No.713 ot 2025 R l-t o t4 31 ,Uil m5 |: )_ i. J o ,4 \. i. s(- I ! ../ .t, DISPOSING OF THE WRIT PETITION WITHOUT COSTS Oc{,