The High Court · 2025

Petition under liection 151 CPC praying that in the circumstances stated in the affidavit filed in srupport of the petition, the High Court may be pleased to direct the 6th Respondent not allotting permission for construction of 'houses in layout bearing No.000192/20lLO/Plgi HMDAi2021(0611791LT /GHT/FLT/U6/HMDA/05062023)., dt. 19-06-2024, pending disposal of Writ Petition lA NO: 2 OF 2025 Petition under Siection '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in this layout bearing No.000'l 92/20iLOlP1 gi H M DA/2o21 (o6't 1 7 g/LT/c HT/FLT/U6/H M Dtu050 62023), dt. 19-06-2024, pending disposal of Writ Petition Counsel for the Petitioner: SRl. P. VENU GOPAL SENIOR COUNSEL REP SRI KRISHNA MOHAN SIKHARAM Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATIQN AND URBAN DEVELOPMENT . Counsel for the Respondent No.2: Smt. D. MADHAVI, SC FOR HMDA Counsel for the Respondent Nos.3to5: AGP FOR REVENUE Counsel for the Respondent No.6: SRI K. I-AXMAIAH,SG FOR MUNICIPALITY Counsel for the Respondent No.7:- The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.584 of 2025 ORDER Heard Mr. P. Venu Gopal, learned senior counsel representing Sri Iftishna Mohan, learned counsel for petitioner and Smt. B. Madhavi, learned standing counsel for 2"d respondent, learned Assistant Government Pleader for Revenue for respondent Nos.3 to 5, Sri K. Laxmaiah, learned standing counsel for respondent No.6. Perused the record.

2. It is the specific contention of the petitioner that his father Sri G. Devender and others were owners of agricultural lands situated in an extent of Ac.2.13 guntas in Sy.No.6, Ac. 1.28 guntas in Sy.No.8, Ac. 1.O4 % guntas in Sy.No.9, Ac.O.29 % guntas in Sy.No.1O, Ac.1.15 guntas in Sy.No. 11, Ac.1.25 guntas in Sy.No.12, Ac.I.32 guntas 1n Sy.No.13, Ac.2.19 guntas 1n Sy.No.14, ac.O-231 Yz guntas 1n Sy.No. 15, Ac. 1.21 rZ guntas in Sy.No.16, Ac.O.28 guntas 1n Sy.No.197, Ac. 1.33 guntas in . KL.J w t-.No 58.1 ot 2025 2 Sy.No.2OO and Ac. 1.03 guntas in Sy.No.2O1 of Injapur Village, Abdullapurmet Mandal, Ranga Reddy District. They have strbmitted an application dated 28.05.2019 with 4th respondent for conversion of subject land from agricultural to non-agricultural. On receipt of said application, .5,h respondent has submitted his report vide proceedings Letter No.C I 1499 /2019 dated 17.06.2019. Basing on the said report, 4th respondent granted conversl0n lrroceedings bearing No.2/6O9 /2019 dated

19.06.2019. They have developed the said lands and could not complete the same due to various reasons. They have also entered into registered partnership vide document bearing No.lI4OO/2022. After obtaining partnership cleed, they have sold away some plots. Some of the plots are mortgaged with HMDA/respondent No.2.

3. It is further contended by the petitioner that 7h respondent has executed registered mortgage of Plots bearing Nos.l5O to 155, 163 to 170 vide document bearing No.35O9/2O2I dated 13.03.2024. In the location Kt,,J w P.No.5a+ ol2O2s J sketch, 2"d respondent has noted that Kunta with FTL is in existing in an extent of O-28 guntas and Kunta Buffer Zone is in existing in an extent of 0-14 guntas ln Sy,No.2O1 of Injapur village. Though Kunta is shown in the location, extent of Kunta is not shown correctly Petitioner has hled aforesaid documents. He has submitted a representation dated 79.12.2024 to 2"d respondent with a request to stop layout without registering to outsiders and not to sanction house permissions by 6m respondent municipality with regard to open plots ln Sy.Nos.6/P, 8,9, 10, 1 L,12,13,14,16 lP, L97, 2OO, 15/P and 2OL/P of Injapur village. He narrated all the aforesaid facts.

4. On receipt of the said representation, dated

19.12.2024, the Depugr Executive Engineer, Irrigation and Command Area Development, Ibrahimpatnam Sub- Division has addressed a letter to respondent Nos.S and 6 stating that they have received a complaint from petitioner herein, they have conducted site verification on KI-,J w tr No 58a of 2025 4

20.12.2024 and noticed that lot of garbage ancl soil is dumped in that feeder channel in the HMDA Layout premises. It leads to the obstruction of flow anci causes severe damages/inundation problem to the upstrearn side area. Photos are a,lso enclosed along with said proceedings.

5. It is further stated as per Irrigation Act, construction of type of structure, altering the wat.er body and its components is highly objectionable and illegal. Therefore, the said Deputy Executive Engineer, Irrigation and Commared Area Development, Ibrahimpatnam Sub- Division requested the Thahsildar, Abdullapurmet Mandal and Turkyamjal Municipal Commission to take necessary action on the said encroachment as per rules in vogue (WALTA Act) to safeguard the water body.

6. Vide proceedings dated O3.OL.2025, Deputy Executive Engineer, Irrigation and Command Area Development, Ibrahimpatnam Sub-Division by reiterating the said facts, requested the respondent Nos.S and 6 to KL,J W P No.5a4 ot202s 5 take necessary action. Even then respondent Nos.2, 5 and 6 are not taking further action. Challenging the said inaction, petitioner hled the present writ petition.

7. Whereas, Smt. D. Madhavi, learned standing counsel for respondent No.2, learned Assistant Government Pleader appearing for respondent No.3 and 4 and Sri K. Laxmaiah, learned standing counsel appearing for respondent No.6 on instructions would submit that respondent Nos.2, 5 and 6 will consider representation dated 19.12.2024 of the petitioner and also proceedings d,ated 2L.12.2024 and O3.01.2025 of Deputy Executive Engineer, Irrigation and Command Area Development, Ibrahimpatnam Sub-Division and take action against 7th respondent strictly in accordance with the procedure laid down by putting petitioner and 7b respondent on notice and affording them an opportunity of hearing. 8 In the light of the above submission, notice to 7th respondent is dispensed with. t t 6 KL,J w j l6 58J of 2025 (

9. In the light of the foregoing discussion, this writ petition is disposed of directing the respondent Nos.2, 5 and 6 to consider the representation dated 19.I2.2O24 submitted by the petitioner and proceedings dated

21.12.2024, O3.OL.2025 of Deputy Executive Engineer, Irrigation and Command Area Development, Ibrahimpatnam Sub-Division and take action against the 7th respondr:nt in accordance with law by putting the petitioner and 7m respondent on notice and affording them an opportunit5r of hearing. The said exercise shall be completerl within a period of (0a) weeks from the date of receipt of copOy of this order. There shall be no order as to costs As a sequel, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPY// sD/-T. TIRUMALA DEV! ASSISTANT REGISTRAR \ sEgTloill oFFICER To, Ranoa ReddY District. -S$fi;'iii"ntf i Complex, Ameerpet, Hyderabad' 1 The Princioal Secretary Municipal Administration and urban Development " Oeoartment, Secretariat, T'S',Hyderabao z Thi: Commissioner HMDA, 3. The District Collector, Ranga Redoy ulslncr' ;: iii; ft;;te oivGionarfficei, tbrbnimpatnam Division' lbrahimpatnam s. iH%ir;ii.ti,r, Anartupurm"t Abdullapurmet Mandal' Rq19a ReddY District' 6. tii; Mi;;i;'p;icom*ission"i fu*ivdm;at Municipalitv Ransa Reddv ?. il;'cb to SRr. KRISHNA MoHAN slKHABAlt 4dvoce!e-t9P-qq-. i: iil; d6.'i"-GC F'oR MtiNiciCAl noututsrnRrloN AND URBAN s. iiJ -cb".'t;"Ep roR nEVEi.iur Aign court for the State of Telangana, at DEVELOPMENT ,nign iou'iio;i-h; siqd"f telansana, at Hyderabad [o.UT] District. Hyderabad [OLIT] .,, ......-;-i p- I i?.Sl3 33 B 3* 5.hffiYflCI:'3?3RT.Y'tsXfJEt''JIY 12.Two CD CoPies roPUCl BM BS +* "/u --.. ;-r'!!!. " oag;;:::+i,&1 ,t CC TODAY \ I f gE1 S IAT,T \.. /t- r..- o ?ils 21JIN D .-:i_ _ __-- HIGH COURT DATED:0810112025 ORDER WP.No.584 o12025 DISPOSING OF THE WRIT PETITION WTHOUT COSTS x( t