High Court · 2025

Judgment

5. o.

8. o '10 The State of Telangana, Rep by it's Chief Secretary Secretariat, Hyderabad The Principal Secretary Panchayat Raj, Secretariat, Hyderabad The District Collector, lntegrated Collector office Kamareddy Town and District Telangana State The Revenue Divisional Officer, Kamareddy Division, Kamareddy Town and District, Telanagana State The District Panchyat Officer, lntegrated Collector office Kamareddy Town and District Telangana State. The Divisional Panchyat Officer, Kamareddy Division, Kamareddy Town and District, Telanagana State. The Sub Register Officer, Kamareddy Town and District Telangana State Municipal Commissioner, Kamareddy tvlunicipality. T.G. State Amurth Real Estate, Rep By., it's Prop.,Patha Vijaya Laxmi, W/o P. Bahiraiah Aoeo ss Years, occ Rebl Estate Business, R/o H. No 1-6-56, Gandhi Gunj ' K5mreddy District-500 11'1 T.G State. Patha Viiava Laxmi, Wo P. Bahiraiah Aged 55 Years, Occ Real Estate Businesd, h/o H. No 1-6-56, Gandhi Gunj , Kamreddy District-S0o 111 T.G State

Petition under Article 226 ot the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be ...RESPONDENTS /." pleased to pass an appropriate Writ Order or Direction one in the nature of Mandamus declaring the action of the respondent herein are not considering the representations dated 03.05.2024 seeking as cancelation of Layout No 1 1 of 2001 in Survey No 153/2C Total admeasuring Land area of 145143 Sq Feet near bout of Ac 04-02 gts situated at Elchipur Hamlet Villge of Adloor Grampanchyat erstwhile Kamareddy Mandal and Division present at Kamreddy l\/unicipal ward No 1 Kamareddy District as illegal and unconstitutiona I and consequently direct the respondents. No.3rd to Bth to take necessary action on petitioner's representations in the interest of Justice. 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 7th and 8th to sale transactions and house construction permissions of the house plots of Layout No 11 of 2OO1 in Survey No 153/2C Total admeasuring Land area of 149143 So, Feet near bout of Ac 04-02 gts situated at Elchipur Hamlet Village of A dloor Grampanc hyat erstwhile Kamareddy lt4andal and Division present at Karnreddy ltlunicipal ward No 1 Kanrareddy pending disposal of Writ Petition to meet the Justice. Counsel for the Petitioner: SRI G. J. VINOD KUMAR Counsel for the Respondent Nos.1: GP FOR GENERAL ADMINISTRATION Counsel for the Respondent Nos.2,5 and 6: GP FOR PANCHAYAT RAJ Counsel for the Respondent Nos.3, 4 and 7: GP FOR REVENUE Counsel for the Respondent No.8: SRI KRISHNA REODY PUTTA, SC FOR MUNICIPALITY The Court made the following: ORDER THE HOIT'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.1329 of2o25 ORDER This writ petition is filed seeking the following relief:- '. . .to pass an appropridte Writ Order or Direction one in lh.e tature of uit of mandamus dedaring th.e actfin of th-e respond.ent herein are not consideing the representations dated O3.O5.2O24 seelcittg os cancellation of Lagout No.1 1 oJ 2OO1 in Surueg No.153/ 2C Totol qdmed-suing l/rnti area of 1491 43 & Feet nedr about of Ac.O4.O2 gl.s., sttudted at Elchipur Hdmiet Vitlage of Adloor Gratnpdnchagdt erstuhile KamdreddA Mandal and Diubion preseftt at Kamreddg Mu icipal uard No 1 Kamareddg District ds illegol dnd unconstitutiotwl ottd <nnsequentlg direct the resporvlents No 3 to I to take necessary octio\ on Wtit@rLer's reprcsentations ift tle interest of lLtstrce poss such other or llrther Order or Orders os thi.s Hon'ble mag deem fit and proper i4 the ci.cllnstat0es of the case'.

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

3. It is stated that the petitioner has purchased land admeasuring Ac.00-39 guntas (Ac.OO.O7 gts., Ac.OO.13 gts., and Ac.00.19 gts.,) in part of Survey Nos. 153 arrd 153/2C, situated at Elchipur Village Hamlet, Adloor Grampanchayat erstwhile Kamareddy Mandal and District, and his name has also been mutated in the revemre records. It is further stated that the said land situated adjacent to the Layout approved by the Gram Panchayat in GPLP No.ll for 49 Housing Plots in the total area of 149143 Sq. Feet i.e., about Ac.O4.O2 gts., It is further stated that the Layout holders, without obtaining necessary permission for the 2 CV \\p 1329 _2025 regularization of the illegal Layouts, are disposing the plots and taking advantage of the same, the purchasers are encroaching part of his land, which is causing great inconvenience. The grievance of the petitioner is that even though he submitted er representation dated 03.05.2 O24 on the file of the respondent authorities for taking appropriate action, so far they have not considered the same. 4 . Learned counsel for the petitioner submitted that the Layout approved by the Gram Panchayat is not in accordance with the Layout approved Rules framed under the Gram Panchayat Act and the said Layout is also not regularized under any of the Government orders issued for regularization of the illegal Layouts.

5. Learned Government Pleader appearing for the respondents submitted that there are serious disputes not only with regard to nature of the subject land and its classification but also with regard to approval of the I-ayout and its regularization.

6. A careful examination of the record would reveal that there are serious disputes with regard to nature of the lands and its classification, which are required to be adjudicated by a competent Civil Court in a properly instituted suit. i i I , CVBR, J w_1329 2025 T.Therefore,thisCourtwithoutexpressinganyopiniononthe merits of the matter, dee ms it appropriate to dispose of the writ petition by relegating the petitioner to institute a corirprehensive civil suit against the alleged encroachers seeking appropriate relief' 8 The writ petition is accordingly disposed of' As a sequei, the miscellaneous petitions, if any' pending in this writ petition shall stand closed' No order as to costs' t SD/.A. PRATHIMA ASSISTANT REGISTRAR //TRUE COPY// To,

1. The Chief Secretary Secretariat, The State of Telanga 2. The Principal Secretary Panchayat Raj, Secretariat, Hyderabad 3. The District Collector, lntegrated Collector office Kamareddy Town and , Hyderabad n ECTION OFFICER District Telangana State

4. The Revenue Divisional Officer, Kamareddy Division, Kamareddy Town and District, Telanagana State

5. The District Panchyat Officer, lntegrated Collector office Kamareddy Town and District Telangana State.

6. The Divisional Panchyat Officer, Kamareddy Division, Kamareddy Town and District, Telanagana State.

7. The Sub Register Officer, Kamareddy Town and District Telangana State 8. I\zlunicipal Commissioner, Kamareddy Municipality. T.G. State 9. One CC to Sri G. J. Vinod Kumar, Advocate [OPUC] 'l0.Two CCs to GP for General Administration, High Court for the State of Telangana, at Hyderabad[OUT]

11.Two CC to The GP for Revenue, High Court for the State of Telangana, at HyderabadIOUT] '12. Two CC to The GP for Panchayat Raj, High Court for the State of Telangana, at Hyderabad[OUT]

13. One CC to Sri Krishna Reddy Putta, SC for tr,4unicipality[OPUC] 'l4.Two CD Copies TJ GJP Y^- HIGH COURT l DATED:1010112025 ORDER WP.No.1329 of 2025 /..4 ,t ( J ') '.). \.\\ ('' L) 5CI YAf-l a , i) DISPOSING OF THE WRIT PETITION WITHOUT COSTS .rP?'D rq w 4fr\ .trr ' { a5