Guduru Narender v. UD Department, Secretariat, Hyderabad

Judgment

2. 'l

4. 5 The State of Telangana, rep by its Pa Secretary, Municipal Administration and UD Department, Secretariat, Hyderabad Greater Warangal Municipal Corporation, Rep by its Commissioner Warangal, Warangal District Deputy Commissioner, Greater Warangal Municipal Corporation Khazipet Circle ll, Warangal Bathini Manjula, Wlo. Dubbaka Ramulu Aged major, Occ. housewife, Rl/o. H No. 2-948/5/A Road No.B, Vikas Nagar, Hanumakonda Hanumakonda District Chira Padma, Wo. Komuraiah Aged major, Occ. housewrfe, R/o. H No. 2-9- 4Bl5/B Road No.B, Vikas Nagar, Hanumakonda Hanumakonda District ...RESPONDENTS

Petition under Article 226 of lhe 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 Mandamus, declaring the action of the respondents 2 and 3 in not demolishing the unauthorized illegal constructions made by the unofficial respondent no.4 and 5 by encroaching the 40 feet road to an extent of 9 feet by making construction in the road by the unofficial respondents 4 and 5 in their H No. 2-9-48l5/A and H No. 2-9-4Bl5lB situated at Road No.B, Vikas Nagar, Hanumakonda, Hanumakonda District, the respondents 2 and 3 are not removing / demolishing the illegal encroachments without considering the representations dated 30.06.2022, 22.O9.2022 is illegal, arbitrary and against the principles of natural justice and I also violative of Articles 14, 19,21 and 300-A of Constitution of lndia and consequently direct the respondents 2 and 3 to demolish / remove the illegal encroachments madr: by the unofficial respondents 4 and 5 immediately by considering the representation dated.30.06.2022, 22.09.2022 of the petitioner in the interest of justice lA NO: 1 OF 202s Petition under lsection 151 CPC praying that in the circumstances stated in the affidavit filed in r;upport of the petition, the High Court may be pleased to Direct the respondenls 2 and 3 to demolish / remove the illegal encroachments and constructions made by the unofficial respondents 4 and 5 in their H No. 2-9- 4Bl5/A and H No.2-9-48l5/B situated at Road No.B, Vikas Nagar, Hanumakonda, Hanumakonda District by considering the representation dated 30.06.2022, 22.09.2022 of the petitioner, pending disposal of the main writ petition Counsel for the Petitioner: SRl. AJAY KUMAR MADISETTY Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos. 2&3: SRI PASHAM MOHITH, SC FOR GWMC Counsel for the Respondent Nos.4&5:- The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.1935 of 2025 ORDER: Heard learned counsel appearing lbr the petitioner ancl Sri Pasham Mohith, learned Standing counsel appearrl.rg lbr respondent Nos.2 and 3. l)erutsecl the recorcl.

2. ln vieu, of the nature of reliel' sought bv tirc petitroner, this Writ Petition is disposeci ol itt the admrssion stage dispensing with notice ttt responcient Nos.-{ irr-rcl 5.

3. Petitioner herein is resident o1 Vil<irs N:ts:ir, Hanumakonda, within respondent No.2 Municip:r1 Corporation. Respondent Nos.4 and 5r :tt-t' tnaktrt!. cotlstruction llv occupying the public road- '['lttrelore. he hers submitted repre sentations, dateci

30.0(). )0 ) ) r rr rcl '2'2 .Orl .202'2 to respondent No.2 with a requcst it) t.tk(' alctron atg.ilnst respondent Nos.4 and 5. IJesprtt i'CCe tV ltt !.t tiL..l W.P.No.1935 ot 2025 and acknor,vledgurg the said representation, respondent No.2 dict n,)t .tct upon thc same. Aggrieved by the said inaction o1' respondent No.2, petitioner {iled the present wrlt pe tltrol )

4. Whcrc,rs. Sri Pasham Mohith, learned Stalding counsel appcarlng tbr respondent Nos.2 and 3 has produced \ rrtten instmctrons, wherein it is stated that constructr()n ol' l-rouscs bearing Nos.2-9-4ti/5/A and 2-9-4815 /.3 rvas carried out severa_l years ago and the area ln quc:itlon rs not ncu,lv developed. The width of the existing ro;rrl rs 30 l-ect. Thc said road, claimed to be encroachcri upon. is not ll.rrt of the Master Plan or any approved hloari Development Plan by the Municipal authorities. Thc said u,ntten instructions are placed on record.

5. In { hc irlbresaid rcprescntations, petitioner except statlng that respondcn( Nos.4 and 5 are making constrllcl tor ltv occl-lpvlng public road, did not liL..l W. P.No. I ()35 of 202.'r specillcatlv stated the details of the same. Photographs lilecl bv him also do not revea-l the said lact anci it revealecl the completion of construction by respondent Nos.4 ancl 5. More over, he has silent for a perrod ol 2'/-, vears. Therefore, petitioner has to submit a liesh representation to respondent No.3 specifica.llv stating tltc allegecl violation details of the same by respondent Nos.4 zrncl 5 and ot1 receipt of the said representatlorl. respondent No.3 has to consider the same.

6. ln the liqht ol the said submission, this Writ Petitton is ctispt.rsecl ol grating liberty to the petitioner to submrt lresh representation to respondent No.3 with a re(luest t() take action against respondent Nos.4 ancl 5, lll' specilicarlh, stating the violations committed llv them. rt'il lrrn one r.r,ee k from today. On receipt clt tlrc sartl rcpresenlation. respondent No.3 shall inspecr the sitt' i,rnct ii tl-ie :rllegations made by the petitioner art' lounrl ttr be true. hc shall take arction against respondcnL Nos'4 zlncl 5. strlctlv in arccorctance with the procecturre larrtl I(1.. ' W.l). No. 1935 of 2025 -t down uncier the Telangana Municipalities Act, 2Ot9, by putting tht-' petrtioner and respondent Nos.4 and 5 on notice ancl atTording them an opportunity of hearing. He shall complete the said exercrse within a period of four (4) weeks frorn the datc ot- receipt ot' representation from petitioner. Tl.rere shall be no order as to costs. As rr sequel, tl-re miscellaneous petitions, if any, pending in thc Writ petition shall stand closecl. s D /' P' \rB AcJt I !+ffr HHSI&HiA //TRUE COPY// \ SF.CTION OFFICER To, r The Prinicipai Secretary' Municipal Administration and UD Department' ' seiretiriat, T s ,Hyd^erabad warangal Municipal Corporation, warangal, , The Commissioner' urealel vv drr or rvor a. Yrtffi;,l3i3lil'it'ion"'' Greater warangal Municipal corporation Khazipet ; *:'grttrui*,l,m'nm*il+*ffigps#':r-*.'ur BM KKS Pfr- HIGH COURl' DATED:2410112025 ORDER WP.No.1935 r>f 2025 DISPOSING OF THE WRIT PETITION WITHOUT CCISTS @ P Lt\ )a- 1,/' tL ,q r-) e. o .4: 03 fiiA fl 2!25 2 C')). .rl -*<-- i ,,...1.Gdci) *