✦ High Court of India · 10 Jan 2025

1. J. [4anik Reddy v. The State Of Telangana

Case Details High Court of India · 10 Jan 2025
Court
High Court of India
Decided
10 Jan 2025
Bench
Not available
Length
1,260 words

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, order or direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the Respondents No. 2 to 4 in not protecting the public road and government land in Sy. No. 1'1 1 of Ranjole, Zaheerabad mandal and Municipality, Sangareddy district, as well as the Grama Kantam land, pursuant to Petitioners' representations dated 12-01-2024, 13-02- 2024 and 04-11-2024 as illegal, arbitrary; unreasonable, in violation of Articles 14 and 21 of the Constitution of lndia and consequently direct the Respondents No. 2 to 4 to take steps for cancellation of fabricated documents created to encroach upon public road, Grama Kantam and government land in Sy. No. 1'1 1 of Ranjole, Zaheerabad, Sangareddy district, without further delay. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents No. 2 to 4 to initiate action pursuant to the Petitioners' representations dated 12-01-2024, 13-02-2024 and 04-1 1-2024, for cancellation of fabricated documents created to encroach upon public road, Grama Kantam and government land in Sy. No. 1'1 1 of Ranjole, Zaheerabad, Sangareddy district, pending disposal of the above writ petition. Counsel for the Petitioners: SRt P. LAKSHMA REDDY Counsel for the Respondent No.1: AGP FOR MCPL ADMN URBAN DEV Counsel for the Respondent Nos.2 and 4: GP FOR REVENUE Counsel for the Respondent No.3: SRI KRISHNA REDDY PUTTA Counsel for the Respondent Nos.S to 11:--- The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.1161 of 2025 ORDER: Heard learned counsel appearing for the petitioners, learned Assistant Government Pleader for Revenue appearing for respondent Nos.2 and 4 and Sri Krishna Reddy Putta, learned Standing counsel appearing for respondent No.3. Perused the record.

2. In view of the nature of relief sought by the petitioners, this Writ Petition 1S disposed of at the admission stage dispensing with notice to respondent Nos.S to 11.

3. Petitioners herein are residents of Ranjole, Zaheerabad, Sangareddy District, within Zaheerabad Municipality. According to them, respondent Nos.S to 11 are trying to make construction in Sy.No.111 Part of Gramkantam of Ranjole village by encroaching into the public road by creating documents. Therefore, they have KL,J W.P.No. 1 161 of 2O25 t 2 submitted representations, dated 12.OI.2024, L3.O2.2O24 and 04.17.2024 to respondent Nos.2 to 4 respectively with a request to take action against respondent Nos.5 to 1 1. Despite receiving and acknowledging the said representations, respondent Nos.2 to 4 did not act upon the same. Aggrieved by the said inaction of respondent Nos.2 to 4, petitioners filed the present writ petition.

4. Perusal of the record also would reveal that two Crime were registered against the un-official respondents i.e., Crime Nos. 129 of 2023 and 136 of 2023 for the offences punishable under Sections 468, 471 and 42O of IPC. In support of the said contention, petitioners have filed pattedar pass books and title deeds, RTI information copy of house numbers in Municipal Records, Revision Register, copies of FIRs and copies of registered sa-1e deeds, etc. According to the petitioners, they have submitted a-11 the said documents to respondent Nos.2 to i I l l I KL,J W.P.No. 1 161 of 2025 4 along with the said representation, dated 13.O2.2024. Therefore, respondent Nos.2 to 4 have to consider the same. i

5. Both learned Assistant Government Pleader for Revenue and learned Standing Counsel for respondent No.3, on instructions, would submit that respondent Nos.2 to 4 will visit the subject property and if the allegations made by the petitioners are found to be true they will take action against respondent Nos.S to 11, strictlv in accordance with the procedure laid down f" ,rld"r the Telangana Municipalities Act, 2019 by putting the petitioners and respondent Nos.S to 11 on notice and affording them an opportunity of hearing. I ,

6. In the light of the said discussion, this writ petition is disposed of directing respondent Nos.2 to 4 to consider the aforesaid representation, dated 13.O2.2O24 submitted by the petitioners, inspect the subject property and if the allegations made by the petitioners are found to be true KL,J W.P.No. 1 161 of 2025 1 they will take action against respondent Nos.5 to 11 by following the procedure laid down under the Telalgana Municipalities Act, 2OI9 by putting the petitioners and respondent Nos.S to 11 on notice and affording them an opportunitl, of hearing. He shall complete the said exercise within a period of six (6) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shail stand closed. l To,

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7. 8. TJ BSK 1 k SD/-P.PADMANABHA REDDY GISTRAR ASS //TRUE COPY// OFFICER The District Collector, Sangareddy' Sangareddy district The Zaheerabao Hlunicrparrtl'"il"61 6v iit-c"rnfrrissioner' Zaheerabad' ?f, !1ffi S'o'Jf 1"i1fi';","*9XSXSfl i3;3gijfl S,!U" ?*3 33 Ji" Ity* nq * L1!'il,?i1fu1', ilY8fr '3 3i i ixii i State or re r a n s a na, at Hvderabad[OUT] 'd;""'dci"oSri krishna Reddv Putta' SCIOPUCI Two CD CoPies 5 i"t"fr?ililli,;'"x; n i'critlfr;qr-o a n o'e ve t o p m e nt H is h co u rt t3 HIGH COURT DATED:1010112025 J, ORDER WP.No.1161 of 2025 { t: I.q Y o O 4 FIB 2025 z {.) .1, * * snarc$ 7-0 DISPOSING OF THE WRIT PETITION WITHOUT COSTS fle- :' -r---1 3 \w\c':. gtoP'a

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