High Court · 2025

Judgment

1. 2 I!fi,"tJf,::,#t".l",li,.Bgi'lB;"S3B,J# d,"'",.j:'lljil?lrr?,"j.,?,iry, sMunicipar Rep bv its commissioner, Shamshabad I'X?fffiil;:Hi,i3, H"Jl?:?i'g ...PETITIONER 3 #:Jr"61:,[JiT.ing

officer, shamshabad Municipatitv, shamshabad, Ransa 4. The Commissioner. Hvrierabad Metropolitan Development Authority, Swarna i,il1?:':S,TJf*,:Sl,Sggl;;.t^i#;h;:b1ni,,s"r.,Js,i,i',";.#t: 5. The Commissioner, HYDRA, Boudha Bhavan, Minister Road, Secunderabad, 6. Sri. Harsh Bansal, S/o. L B u s i n ess, Rr " Avenue, Road No.12, Banjara uirsl uvoliltjlo'ils. ;r; t rv" a-B 5" "il, i8{lH.e:il j g i,t ili,Jr tn-i*r..?rl?ff ilp,ii,. ...RESPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue any writ order or direction more in the nature of writ of Mandamus decraring the inaction of the respondents 2nd to 5th herein in considering the representa tion dt.13t12t2024 and 14t01t2025 submitted by the petitioner and initiating action against the ilegar and unauthorized constructions and boundary wa' being raised by the respondents no.6 without any varid I permission in all that agricultural land in SyNo.160(part), situated at Tondepalli Village, Shamshabad Mandal, R.R.District, T.S, as illegal, arbitrary and contrary to law and unconstitutiona I and direct the respondent no.2 to 5 herein to forthwith consider the representation dt.'13/1212024 and 1410112025 submitted by the petitioner and take action against the illegal and unauthorized constructions and boundary wall being raised by the respondents no.6 in the subject land. lA NO: 1 OF 2025 Petition under Seclion 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 respondent no.2 to 5 herein to forthwith consider the representation dt.1311212024 and 141O112025 submitted by the petitioner and take action against the illegal and unauthorized constructions being raised by the respondents no.6 in premises all that agricultural land in SyNo.160(part), situated at tondepalli Village, Shamshabad Mandal, R.R District, T.S, pending before this Honourable court, pending disposal of the writ petition. Counsel for the Petitioner : SRI PRAMOD SINGH Counsel for the Respondent No.1 : GP FOR MCPL ADMN URBAN DEV counser for the Respondent Nos.2&3 , :E'r.#t[,t'ffi,[fli#r,, Counsel for the Respondent Nos.4 : SMT. D.MADHAVI, SC FOR HMDA counsel for the Respondents No.5' 33'rf*ti$r[ilN DER REDDY, Counsel for the Respondent No.6 : The Court made the following: ORDER ____*7 IION'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.1747 oF 202s ORAL ORDER: Heard Sri pramod Singh, learned counsel appearing for the petitioner, Sri Laxmaiah Kanchani, learned standing counsel appearing for respondent Nos.2 and 3, Smt D. Madhavi, learned standing counsel appearing for respondent No.4 and Sri K. Ravinder Reddy, llarned standing counsel appearing for respondent No.S and Assistant Government pleader for Revenue appearing for respondents. Perused the record.

2. Petitioner is claiming that he is the absolute owner and possessor of agricultural land admeasuring Ac.7-32 gts., in Sy.No. 16O of Tondepally Village, Shamshabad Municipality. According to the petitioner, respondentNo.6 is also owner of land in Sy.No.16O (part) of the very same village. The said property is in G.O.Ms.No. 111, dated 08.03.1996. The subject propert5r is in bio-conservation zone and catchment a_rea of twin I I i , 7 lakes. Therefore, respondent No.6 cannot make construction in violation of the said G.O. Petitioner has submitted a representation dated 14.O1.2025 to respondent Nos.2 to 5 with a request to take action against respondent No.6. Despite receiving and acknowledging the said representation, respondent Nos.2 to 5 did not act upon the same. Aggrieved by the said inaction of respondent Nos.2 to 5, petitioner filed the present writ petition.

3. Whereas, Sri Laxmaiah Kanchani, learned standing counsel appearing for respondent Nos.2 and 3 has produced the written instructions of respondent No.2 along with copy of the order 02.12.2024 in I.A.No.4O8 of 2024 in O.S.No.690 of 2024. In the said written instructions, it is specifically mentioned that on receipt of the aforesaid representation of the petitioner, respondent Nos.2 and 3 visited the subject property and found that respondent No.6 has laid slab for ground floor. Therefore, respondent Nos.2 and 3 instructed respondent I ) No.6 to stop construction' They will consider the representation dated 14'Ol'2025 and take action against respondent No.6 strictly in accordance with ttre procedure laid down under Telangana Municipalities Act' 2Ol9 by putting the petitioner and respondent No'6 on notice and affording them an opportunity of hearing' It is alsorelevanttonotethatrespondentNo,6andhis mother filed a suit vide O'S'No'69o of 2024 against the petitioner and two others for perpetual injunction and the II Addl. Senior Civil Judge' Ranga Reddy District at L.B.Nagar has granted ad-interim injunction' However' thesameiSwithregard.totheinter-sedisputesbetween the petitioner and respondent No'6' The said written instructions along with copy of the said order are placed on record. In the light of the said submission' this writ petition 4. is disposed of directing respondent No'2 to consider the representation dated l4'Ol'2O25 and take action against respondent No.6 strictlY in accordance with the I I I I procedure laid down under Telangana Municipalities Act, 2019 by putting the petitioner and respondent No.6 on notice and affording them an opportunitSr of hearing. He sha,ll complete the said exercise within a period of four (4) weeks from the date of receipt of copy of this order. There sha-ll be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ petition shall stand closed. ASSISTANT REGIS T SD/.N. SRIHARI R //TRUE COPY// SECTION FFICER

1. The Princioal Secretary, Municipal Administrqlion and Urban Development' State of Telangana, Secretariat, Hyderabad, I 5'

2. The Commissioner, shamshabad Municipality, Shamshabad Municipality, Ranga ReddY, T.S

3.TheTownPlanningOfficer,shamshabadMunicipality'Shamshabad'Ranga Reddy District, T.S.

4. The Commissioner, Hyderabad Metropolitan. Development Authority' Swama ' jrrrntl c"rplex, sanieevi Reddy Nagar Rd, Srinivasa Nagar' Ameerpet' Hyferabad, telangana State - 500082'

5.TheCommissioner,HYDRA,BoudhaBhavan,MinisterRoad'Secunderabad' T.S.

6. One CC to SRI PRAMOD SINGH, Advocate' IOPUC] T.TwoCCstoGPFoRMCPLADMNURBANDEV,HighCourtfortheStateof Telangana. [OUT]

8. One CC to SRI KATIKA RAVINDER REDDY, SC FOR GHMC/HYDRAA' loPUcl

9. One CC to SIr/T.D MADHAVI, SC FOR HMDA' [OPUC] I0.oneCCtoSRILAXMAIAHKANCHANI,SCFoRMUNICIPALITY.[oPUc] \ To,

11.Two CD CoPies BSK BS N t. I I HIGH COURT DATED:2210112025 HE ST4 r{ c t.) I. d. 1 B FIB 2C25 o -a T ORDER WP.No.1747 ol 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \_s )