The High Court · 2025

as per court order dated 23-10-2o24in t.A.No.1 of 2024) petition under 'section 15't cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the officiar Respondents to consider tn" ,."pr"r"nt"tions dated 21 .11.2022, 28 11 .2022, 13.12.202t2 at the Petitioner Association and take immediate ,",,". "n";d.,';jil';:rffi:bv Counset for the petitioners : SRI T.SURYA SATISH 3Eifi"#ff1l?Respondent No.l : Gp FoR McpL ADMN AND URBAN Counsel for the Respondent No.2 : SRI pUTTA KRISHNA REDDY Counsel for the Respondent No.3 : M/s D.MADHAV!, SC FOR HMDA Counsel for the Respondent No.4 : G.p FOR HOME Counsel for the Respondent No.5 : SRI pRABHAKAR The Court made the following ORDER CHIKKUDU J HON'BLE SRI JUSTICE K' LAKSHMAN WRIT PETIT ION N o.20230F 2023 ORDER: Heard Mr. T' Surya Satish' learned counsel for the petittoner' leamed Assistant Govemment Pleader for Municipal Administration and Urban Development appearing on behalf of respondent No' l ' Mr' Krishna Reddy Putta, leamed Standing Counsel tbr respondent No'2' Mrs. D. Madhavi, leamed Standing Counsel for HMDA appearing on behalf of respondent No'3, leamed Assistant Govemment Pleader for Home appearing on behalf of respondent No'4 and Mr' Prabhakar Chikkudu, leamed counsel for respondent No 5 '

2. The present writ petition is fited to declare the action of the respondents in not considering the representattons dated 21.11-2022, 28.11.2022, 13.12.2022 and 27'12'2022 submitted by the pettttoner association as illegat and arbitrary' 3 CASE OF THE PETIT IONER: i) The petitioner herein is a registered Association registered under the provisions of the Telangana Societies Registration Act' 2001' Plot owners of IWs' Gayathri Gardens GPR Layout sinrarcd at Bowrampet Village, Dundigal Municipality' Gandimaisamma - Dundigal 2 KI,,J u P No 2021of2023 Mandal. M:dchal - Matkajgiri District are the Members of tlie petitioner assoctatlon ii) Mr Nagallamurali Mohan and others alienated the land admeasurinl] A.cs.17.25 guntas in Survey Nos.24 6rA. 246/AA, 247/A, 248N/A and 249/A and admeasuring Acs.3.04 guntas in Survey No.268/A. situared at Bowrampet Village, Dundigal Municipality, Gandimaisarnma - Dundigal Mandal, Medchal _ Malkajgiri District, in lavour ol N4,,s {ipR Housing private Limited (GpRHpL) represenred by its Managing Director, Mr. G. punna Rao, under rwo registered Agreement c,f sale-cum_General power of Attomeys (AGpAs) bearing documcnt Nc,s i758 and1759 of2000, both 14.07.1999, respectively. iii) M,/s (3pl{Hpl. also acquired a total extent ol.Acs.52.00 from the original pattadars apart from the aforesaid mentioned extent, obtained permission from the then Gram panchayat, l3owrampet, developed rhr: said land to an extent of Acs.52.00. Therealter, M/s. GPRHPL sold rtut the plots to various purchasers under diff.erent registered sale cleeds. Most of the owners constructed residential, commercial btrildings/apartments over such plots. iv) \\/hile so. respondent No.5 has been exploiting rhe open sqgces ofthc [ar-ou1; converted them into illegal parking of lorries. other 3 KI-.J w P No 2013 of20ll vehicles and has been collecting the parking fees illegalty' That apart' he altowed the illegal huts to come up in the open spaces and thereby causing not only nuisance, but also harassment and hindrance in enjoyment of the property by the Members of the petitioner association' v) The petitioner association made representations on various dates i.e., 21 .ll-2022,2E'll'2022' 13'12'2022 and 27 12'2022 to the respondents to protect the said open areas' but the same were not considered. Aggrieved by the said inaction of the respondents' the petitioner filed the present writ petition' NTE NTTON OF R2 -MUN TCIPALITY:

4. CO i) On receipt of representations from the petitioner' its stalf inspected the subject property and noticed that there are no construction activities under progress, Iorries and heavy vehicles are parked in the private lands, but not in the open spaces as atleged by the petitioner' However, the Municipality has addressed letter dated l0'02'2023 to the Police of Dundigal and also the Traffrc Police to take action against the iltegal parking of vehicles' Thus' the atlegations made by the petitioner are baseless iD The petitioner has no /ocus standi to file the present writ petitlon 4 XI-,J w P No 2023 of2023 _i. CON TEN TIONOF HM i,) 'Ihr: petitioner did not make any representation or complaint to DA: the I{MD.A against respondent No.5. ii) l'he layout permission issued Bowrampt:t dated 0g.06. l9g6 tS supposed t,r br: granted by the then HUDA or now the HMDA. by the then Gram panchayat, not valid in law as the layout is iii) With regard to open spaces, whether it is authorized or unauthorized. lhe same are supposed to safeguard by the concemed local body i.e., cii:her (iram panchayat or Municipality.

6. CO N.tE NTIONO F RES i) Fle akrng rvith his w.ife and brother and sisters purchased the PONDENT No. 5: property adnrea:;uring Acs. I9.00 in Survey Nos.242 247(part).2,19,(part),250\part),rrrrr)r'r,)rr';:::':f:'r::: under simple sale deeds executed in the year l9g2 liom the protected lenanB, who acquired the land under 3g_E Certificate. Their names were also mutate<j in r,:venue records and pattadar passbooks and title deeds were issued in their favour in the year 1996. Since the date ofpurchase, he along with hi:; .hmily members has been in possession and enloyment of the said land. 5 KI-,J w P No 2023 of1023 ii) His vendors preferred an appeal against them under Section - 5.B of the RoR Act, 1971, for issuance of pattadar passbooks and title deeds in their favour. The Revenue Divisional Officer (RDO) set aside the pattadar pass books and title deeds issued in their favour' iii) Chaltenging the same, he filed revision petition and the same was also dismissed. Aggrieved by the same' he along with his family members filed writ p€titions vide W 'P' Nos'16554' 16563 and 16559 of 2005 wherein this Court granted interim orders' However' the said writ petitions are pending before this Court' iv) While so, when the protected tenants tried to enter into the subject property, respondent No'5 and his family members filed a suit vide O.S. No.4l8 of 1996 for perpetual injunction and the same was decreed vlde judgment and decree dated 26 '03 '2007' Aggrieved by the same, the protected tenants preferred an appeal vide A'S' No'17 of 2008' and leamed I Additional District Judge, Rangareddy District allowed the said viclejudgment dated t4'06'2011' Against the said iudgment' the petitioner and his family members preferred second appeal vide S'A' No.l16E of 2011 before this Court wherein this Court gtafited interim order on 28.09.2011 restraining the defendants in the suit from entering the suit schedule property and the same wils made absolute vide order f.f ,,n ; r.{f 6 KI-,J W t No 2021 of2o2l dated 04.03.iZ(r13. potice protection was also granted. .lhe said Second appeal was dismissed for delault and on the application filed by respondent No 5 and other appellants, it was restored v) -fhe petitioner association does not have any right to put the common space in the land belonging to respondent No.5 and his fami.ly members. 'Ihe l)resident of the petitioner association and its members are land grabbe:r:;. In the said context, a case in Crime No. 17 of 2024 dated 04.01.2024 rvas registered against them. However, the same was closed by filing a final report. Anothcr Crime was also registered against them vide FII( I,1o.599 of 2024, dated, 22.07.2024 and the same is pending. There arr: civil cases pending before the Civil Court.

7. ANLYSIS AND FIND ING OF THE COURT: i) The afcrr,:said rival contentions would reveal that according to the petitioner. l.he vendor of the Members of the petitioner association purchased the land admeasuring Acs.I7.27 guntas in Survey Nos.246lA, 246/AA, 247/tr, Z48N/A and 249tA: Acs.3.04 guntas in Survey No.268iA, mak.inE, a total extent of Acs.3g.2g guntas, situated at Bowrampet Village, Dundigal Municipality, Gandimaisamma _ Dundigal Mandal, Medchal - Malkajgiri Disrricr under two registered AGpAs behiog documenr lrlos.3 7-5g and 3759 of 2000. It is also the specific 7 KT-.J W.P. No 2023 ol202l contention of the petitioners that IWs' GPRHPL acquired the total extent of Acs.52.00 from original owners apart from the aforesaid extents under various registered sale deeds' The said iWs' GPRHPL obtained layout dated 08.06.1986 tiom the then Gram Panchayat' Bowrampet' developed into the plos and sold it to various persons the said land, convert€d under registered sale deeds including the Members of the petitioner association. They are in possession of their respective plots' ii) It is also relevant to note that the members of the petitioner association, owners of the plots, after obtaining permission from the then Gram Panchayat, respondent No'2, constructed residential' commercial houses, apartments in their respective plots' iii) Respondent No'5 claims to be the owner of the land admeasuring Acs.19.00 in Suwey Nos.242 (Part),246 (Parl,2a7 (Part), 249 (Part),250 (Part), 251 (Part), 252 (Part) and 268 (Part)' exploiting the open spaces/lay out, converted them irito illegal parking of lorries and other vehicles and has been collecting parking fee from the owners of the vehicles. Thus, he is doing 'trading' without following due procedure laid down under law' He has also allowed the illegal activities in open spaces and thereby causing nuisance in enjoyment of the subject land by the members of the petitioner association' Therefore' they have #. $.: 8 Kl-,J W P No 202t ot2023 submitled ft :p rc:sentations dated 2 r. r r .2022. 2g. r r .2022, | 3 . r 2.2022 and 27.12.202?- to respondent Nos. I to 4 with a request to look into the matter and taker action against respondent No.5. Despite receiving and acknowledging the same, respondent Nos.l to 4 did not act upon the same. Therefon:, the petitioner filed the present writ petition. ir) R.esJrondent No.3 filed counter contending that the layout issued by the thr:n Gram panchayat, Bo\.!.rampet dated 0g.06.19g6 is not valid in law a.s the layout is supposed to be granted by the then HUDA or now the Hl\fl).q.. With regard to the open spaces, whether it is authorized or tmauthorized, the same should be safeguard by thc local authority i.e., rr:spondent No.2 Municipality herein. llowever. the petitioner dirl not submit any representation to respondent No.3. Therefore, the petitioner cannot seek any relielagainst respondent No.3. v) A<:co;:ding to respondent No.2, on receipt of the said representationli, ir.s staff inspected the site and noticed that there are no construction a.cti,rities under progress. Howevcr, lorries and heavy vehicles are parkr:d in the private lands, but not in the open spaces as alleged by the: pr:titioner. Therefore, respondent No.2 requested the Police to look inlo the said iUegal parking ofvehicles. I KL.J w P No 2023 of202l It is apt to note that on 12'04'2023' this Court passed the vi) following inte ri m order : "[n view of the submission of leamed Standing is directed to take No.4 Counsel, resPondent letters addressed bY appropriate actron on respondent No.2 Municipality and place a report before this Court by the next date of hearing'" vii) Respondent No'2 addressed a letter dated 10'02'2023 to the Station House Officer, Dundigat Police Station' stating that the Municipal Authorities have inspected the subject property and observed that some lorries and other vehicles are being parked in Survey Nos.246lAAA (P), 2471A, 248NlA' 2491A' 2691A of Bowrampet Village, as such the matter pertains to Traffic Police Department and no construction activities have been noticed' viii) Pursuant to the said letter' the Station House Officer' Dundigal Police Station, submitted its reply dated 20 'll '2023 stating that he has visited the subject property on 16'11'2023'made a G'D' €ntry' got enquired and found that there are so many vehicles i'e'' lorries were parked in the subject land' On enquiry with both the parties' it came to know that a civil dispute is pending between Smt' Puchakayala Swathi Reddy & others and respondent No'5 vide O'S' No'203 of 2022' There I I I i I I t;: tE-!.r. .t1-1!i ::rk ,-dq:. l0 KI,.J !V P No 2O2l of2023 is an inlerint injunction. The said suit is pending. Respondent No.4 issued a nrerno to DCP, Medchal Zone, Cyberabad. requesting him to send a detail:d enquiry repoft on the lefters addressed bv respondent No.2 Municipality. The DCP Medchal Zone, Hyderabad, in tum requested 1he Station House Officer, Dundigal Police Station, to enquire and submit a detailed enquiry report. Accordingly, the Station House Officer, Dundigal Police Station has visited the subject property, caused enquiry. lle has requested the Tahsildaq Gandimaisamma - Dundigal Tahsil, to fumish the report as to whether the land in Survey Nos.246lAA,4., 247/A, 248NlA, 2491A, 269/A of Bowrampet is a private or govemment land. The Tahsildar fumished the report stating that the subjr:ct land is a patta land belongs to private parties ix) .Exoept the writ petitioner, no other owner of the land/property gave any cornplaint either to respondent No.4 or to the concemed Police Station. \['ith regard to the collection of parking fee by respondent No.5, it is within thr: domain of respondent No.2. Therefore, vide letter dated

25.10.2024, the Station House Officer, Dundigal Police Station has addressed a letter to respondent No.2 with a request to furnish the details as to whethe'r any permission was granted to respondent No.4 for parking ilwhiclcs/l,rrries in the subject properry. It KI,J W P No.202l ot202l x) The police can interfere with the illegal parking in the following instances: lll. u. .and No Darkins zones: Parking is strictly prohibited in designated il p".kt"g ,""* and any area where parking is explicitly disallowed Side walks and private propertv: vehicles should not be parking ttd" .'"lkt - t"tfar away from them, ;"""il; on the private property without the owners permission ls flot allowed IIeaw traffic areas : parking is prohibited on main roads or any road with hearry trafftc to avo id obstructions Tra flic flow: vehicles should be Parked on the opposite side of or a long side them the road from other Parked vehicles ensuring that traffic flow is not impeded v. Road markinss parking is not allo continuous white line in the center, obstructing building entrances. Proxi mitv to facilities Parking is restricted near bus stops, schools, hospitals and locations where it may obstruct views of road signs. Traffic s near traflic signals, pedestrian crossing or on may be enforced. als and cros sinss: vehicles sho uld not be Parked bridges as towing wed on roads with a in front of gates or vl. vu. on consideration of the aforesaid facts, according to respondent No.4, the police can interfere only when there is specific complaint with regard to illegal parking if the parking is done on the highways or within the Govemment lands. The subject property is private property and civil disputes are pending. Respondent No'4 has submitted his report dated

28.10.2024 to the Registrar (Judicial) of this Court' .,1. {1 ti. &*'-*.*--- t2 KL.J P No 20ll ol.202l 'V xi) R espondent No.5 and his family members are claiming that they are the rlbsolute owners and possessors of the land admcasuring Ac.O.20 guntas in Survey No.242, Acs.4.20 guntas in Survey No.247, Acs.2.38 guntas in Survey No.249, Acs.3.0l guntas in Survey No.250, Ac.O.20 gunl.as in Survey No.251, Acs.5.20 guntas in Survey No.252 and Acs.2.00 guntas in Survey No.268, making a total extent of Acs.19.00 guntas with the following boundaries: North South East West : [,and belongs to Matrusree Educational Society : Land belongs to Dr. Srinivas Rao : Main Tar Road : Land belongs to Venkatram Chandrareddy. xii) It is also apt to note that respondent No.5 and his iamity members are <:laiming the aforesaid property contending that they have purchased thr: same under simple sale deeds from the protected tenants - 38-E Certillcate Holders. Their names were also mutated in revenue records. Old I)attadar passbooks and title deeds were also issucd by the Revenue Ar.rthorities. The land owners filed an appeal under Section 5-B of the Telanga,ra fughts in Land and pattadar pass llooks Act, l97l (for short 'ROR z\r:t, 1971') before the Revenue Divisional Officer (RDO), rvho in turrr allowed the said appeal setting aside the mutation proceedings is;sued in favour of respondent No.5 and his famity members. I:eeling aggrieved by the said order, respondent No.5 and his t3 KI-,J W P No 2023 of2023 family members filed a revision under Section - 9 of the ROR Act' 1971 and the same was dismissed. challenging the said orders, respondenl No.5 and his family members filed writ petitions vide W 'P' Nos'16554' 16563 and 16559 of 2005, and this Court granted interim orders' The said writ petitions are pending and the interim orders are subsisting' xiii) When the landlords of the property claimed by respondent No.5 and his family members interfered with the possession of respondent No.5 and his family members, they have fited a suit vide O'S' No.4lSoflgg6againstthelandlordsandothersseekingperpetual injunction. The said suit was decreed Feeling aggrieved and dissatisfied with the said judgment and decree in O'S' No'418 of 1996' the landlords preferred an appeal vide A'S' No'17 of 2008 and the same was allowed setting aside the judgment and decree in O'S' No'418 of 1996. Challenging the said judgment, respondent No'5 and his family members preferred a second appeal vide S'A' No' I 168 of 201 I before this court, wherein this court gtanted interim injunction restraining the respondents therein from interfering with the possession of respondent No.5 herein and his family members over the suit schedule property' The said S.A. is pending and the said interim injunction is also subsisting. This Court also granted police protection to them' It is also t4 KI-.J q P r-o 20l l of2oll apt to note that once the said SA was dismissed for default. on the application filed by respondent No.5 and his family members, the same was restorerl to its original position. The same is pending norv. xiv) It is also apt to note that one Mrs. puchakayala Swathi Reddy, owner of plots, filed a suit vide O.S. No.203 of 2022 aganst respondenr ){rr.J f1s..i, seeking perpetual injunction. In the said suit, shc has also fik:d an Interlocutory Application vide I.A. No. l9g o12022 seeking tempor,ry injunction, and the trial court vide order 14.03.2023 granted the temporary injunction restraining respondent No.5 herein from interfering into the possession and enjoyment of petitioner therein over the suit schcdule property. The said suit is pending and the said temporary injrrnction is subsisting. Aggrieved by the said order of injunction, respondent No.5 preferred an appeal vide CMA No. 1376 of 2023 and the sanre is pending. However, there is no interim order. xv) It is eLlso apt to note that several other prot owners have arso filed similar suits against respondent No.5 and his family members vide O. S. Nos. I 6511, 137 6, 2997 and 27 g of 2022 and the same are pending. xvi) Res;rondent No.5 and his family members f.ited a writ petition vide \M.F. No.18769 of 2023 against the respondents rhercin to declare the a<:tion of Municipality in granting permission to the plot l5 KL,J W P No 2023 ot2023 ownersforConstructionofbuildingasillegat,andthesamewas dismissed as withdrawn on 08'09'2023' xvii) It is the specific case of the petitioner that many of the plot owners obtained permission from the then Gram Panchayat and also respondent No.2 Municipality, constructed residential houses' commercial buildings and apartments etc'' and they are tiving in the same. Even then, respondent No'5 is permitting heavy vehicles parked in the open spaces of the subject land and collecting fee illegally' He is also running a Petrol Bunk in the subject land Even in the report of respondent No'4, dated 28'lO '2024 and counter filed by respondent No.2, it is specifically stated that there are structures and sheds etc'' on the subject land. On inspection of subject land' the Police of Dundigal and respondent No.2 also found parking of heavy vehicles' sheds' commercial activities in the subject property' xviii) In paragraph No' I 7 of the counter filed by respondent No'5' he has specifically contended that he and his relatives are absolute owners and possessors of the land situated in Survey Nos 249iPart' 250lPart and 25llPart of Bowrampet Village and he has given parking 20 years ago to one Mr' Sudhakar Reddy' who is his site Manager since then, till date he is maintaining parking as well as maintaining total site' ts3*!. t6 KL,J w P No 2021 ot 202l The petrtioner association is making representations to the olficial respondents to vacate the subject land. Thus, even according to respondent l.Jr:.J, 1.,. is collecting parking fee through Mr. Sudhakar Reddy. xix) T'he aforesaid facts would reveal that there are serious title disputes rvith regard to the subject property. The afbresaid suits, writ petitions, C I\4h and Second Appeal etc., are pending. Injunctions are also subsisting. Two Crimes were also pending in respect of the subject land. -rhe said titre disputes appear to be serious in narure. Therefore, this court cimn'rt consider the said aspects in a writ petition filed under Article - 226 of the Constitution of India. xx) T'hr: lErievance of the petitioner in the present writ petition is that it had subrnitted representations to respondent Nos.2 to 4 informing them the irlegar activities of respondent No.5 and requested them to take action against res;pondent No.5. xxi) [n is the specific contention of the petitioner that they have purchased the plots under different registered sale deeds and respondent No.5 is parking v,ehicles in the open space of the layout obtained by their Vendor from t.he then Gram panchayat, Bowrampet, dated 0g.06. 19g6. {Lis also the sp,:cific case of the petitioner that its Vendor _ I\rVs. I7 KL.J w P No 2o2l ol202l 4 GPRHPL purchased the land admeasuring Acs'5'05 guntas and Ac'0'29 guntas from the wife of respondent No'5 under tlvo registered sale deeds bearing document Nos.6426 of 1996 and 4167 of 1998' respectively' Respondent Nos.3 and 5 in S'A No'1168 of 20ll died' Even then' respondent No.5 herein and his family members' the appellants therein' did not take any step to bring legal representatives of the said deceased respondents on record. Respondent No'5 has also fited a writ petition vide W.P.No.27366 of 2022 challenging the permission granted to Mrs' Puchakayala Swathi Reddy and the same was dismissed on the ground of suppression of the suit vide O.S' No'203 of 2022 by the said Mrs' Puchakayala Swathi ReddY. xxii) It is also the specihc contention of the petitioner that vendor of the Members of the petitioner association i'e'' lWs' GPRHPL is not a party to the said suit and also the second appeal' The said iniunction ordcr is not binding on them. xxiii) It is also the specific contention of the petitioner that respondent No-5 cannot do illegal activities including trading' commercial activities by permitting heavy vehicles in the open space ol the said [ayout and collect parking fee without obtaining permission from respondent No.2 Municipality' The petitioner has also filed t8 KI-,J \Y P No 2AB of 1023 recelpts in proo I of collection ofparking fee from the vehiclc owners and also phoro5;raprhs. xxiv,r In the Iight of the aforesaid submissions, it is apt to refer to Sections - ,t (21),2 (22).2 (3g),2 (40),2 (46),2 (55), 2 (58), z (69),2 (103) and 2 (108), t6l, 162, 158, 137, t3g, I42, t7l ofthe Telangana Municipalitie:; Aot, 20 l9 (for short , Act, 2019,). '2(3) 'building' includes a house, out_house, stable, lrrtrine, godown, shed, hut, walt, fencing, platform and any orher structure whether ol masonry, bricks, u,oorj, mud, metal or of any other material $.h,1tsoever." "2(l2ll) .,development" means the carrying out of any actlvit). of construction or building, or other oDe rati ons ln. or over. or under land or water, or th,: r6np;nt of any material changes or otherwise, in any building or [and or any part thereof,, or in the use of anv building or [and, and includes any repairs or reclevr:lopmcnt and layout and sub_division of any land; and ,.to develop" shall be construed acc ord ingly." "2(22) '(dcvelopment charge, means a charge Ievied lor the purpose ofany development activity.,, "2(-19) ..hou5s" means a building or hut fit for human occupa.lion, whether as a residence or othenvise, havrqg a separate principal entrance from the l9 KL.J w P No 2021 of20?l common way, and includes any shop, workshop or warehouse or any building used for garaging or parking buses or as a bus-stand'" "2(40) "httt" means any building which is constructed principalty of wood, mud, leaves, grass or thatch and includes any temporary structure of whatever size or any small building of whatever material made, which the council may declare to be a hut for the Purposes of this Act'" "2(46) "license" means a license issued under this Act." *municipal property" means and includes "2(55) municipal open spaces, auditoriums, parks' playgrounds, community halls, municipal roads' pavements, street lights, garbage, nalas, municipal drain, municipal market, municipal slaughter-house or water works and all such other structwes' buildings, etc. belonging to and managed by the MunicipalitY under this Act." "2(58) "nuisance" includes any act, omission, place or thing which causes or is likely to cause injury' danger, annoyance or offence to the s€nse of sight' smell or hearing or disturbance to rest or sleep or which is or may be dangerous to tife or injurious to health or property of the public or th€ people in general who dwell or occupy in the vicinity or persons who may have occasion to use any public right." :#.. 9[. l{.a i:. 20 KI-,J U P No 2021 of2023 '2(ti9) '.public place" includes any path, garden or lgrcund or any other place to which public have or are perrnitted to have access.', "2(10-1) ..waste" means solid waste or semi-solid clomestic waste, sanitary waste, cornmercial waste, institutional waste, catering and market waste and other non-residential waste, street sweeping, silt rr:moved or collected from the surface drains, hor1iculture wastc, agriculture and dairy waste. industrial waste, bio-medical waste and e_waste. batlery waste, radioactive waste generated in the area under the Municipality.,, "?(108) The words and expressions used in this Act. but not defined shall havc the meanings assigned to thert in the relevant Acts.', "13r. No person shall build any wall or erect any fbnce or cause any other obstruction or projection or ma,k: any encroachment in or over any public road, excepl. as hereinafter provided,_ (a) n,r door, gate, extension of any structure rvhatsoever, or ground floor window, shall, be hung or bc placed so as to open upon any public road, \\'ithout a license lrom the authority; (h) rhr: Municipal Commissioner may require the owr)er or occupier of any building to remove or alter any prc!ection, encroachment, or obstruction, situated against or in front of such building, and in or over any public road vested in the Municipality.,,

2.1 KL.I W.P No 2021 ol202l "139. (l) No person shall cause any damage to the roads, footpaths, road margins in any manner whatsoever. Any violation thereof shall attract appropriate action, including penal action' The amount as required to repair the said damage shall be recovered Iiom the said person in the manner prescribed. (2) No person shalt ptant any tree on any public road, or other property vesting in or belonging to the Municipality, except with the previous permission of the Municipal Commissioner, and on such conditions as may be imPosed. (3) No person shatt lell, remove, destroy' lop or strip bark, leaves or fruits, from, or otherwise damage any tree vesting in or belonging to Municipality or Govemment, excepl with the previous permission from the Municipal Commissioner or competent authoriry, and on such conditions as the Municipality may impose." "142. Subject to the provisions of this Act' the Municipatity may, either on its owir or through any other agency authorized by it in this behalf' as and when necessary, having regard to the abutting land uses and traffrc flow pattems, implornent traffic engineering schemes to ensure public safety' convenience and expeditious movement of traffic' including Pedestrian traffic'" i I 1 JE;.,* !:r ' 22 KL,J W I' No:021 012023 "158. The Municipaliry may pubtish a norification spccilying conditions and required certificates irrcluding no objection certificates from the required allen,lies such as pollution control board, and in the prer;cribed manner for the purposes for conducting any r.rade in the Municipality. The request lor the lir:enr;e along with required documents as prescribed shall be made online and issued accordingly. A fine ol 25 times shall be levied in case it is found that sell certification was done wrongly with malafide intention." "16I. (l) The Municipality shall take steps to rern()\/e, put down and abate all nuisances affecting public, peace, tranquility, pubtic safery, pubtic heatth, rnorals and decency within its jurisdiction on public or pri'rate premises, and may proceed at law against an'/ p3rson commifting any such nuisances for the abatement thereof and for damages. (2) IrIc person shalt,- (a) unauthorizedly affix upon any building, nlonllrnent, post, wal[, fence, tree or other public place, any bill, notice or other document, or (t) dr:face, or write upon, or otherwise mark on any buildir.g, monument, post, wall, fence, tree or other put,lic place, or (c) littcr the public places, streets, roads, parks, pla,rgrounds and other such places, or I i 23 I(L,J w P. No 2021 of202l (d) carry rubbish, fitth or other pollutod and obnoxious matter along any route in contravention of any prohibition made in this behalf by the authority' (e) brry or cremate or otherwise dispose of any corpse at a place not licensed lor the purpose' or (f disnrb public peace or order in violation of sound pollution control, or (g) cause pol[ution of air in violation ofair pollution control order, if anY, or (h) cause obstnrction to the movement of vehicular or pedestrian traffic without permission from the competent authoriry, or (i) affix indecent or obscene pictr-res or printed or written matter or any poster, bill' notice or other paper or means of advertisement against or upon any street, building, wall, tree, board' fence or pole or writes upon, spoils, defaces or marks any such building, wall, tree, board, fence or place with chalk or paint or any other way whatsoever' or O q.nrry, blast, cut timber or carry on building operations in such manner as to cause' or likely to cause danger to persons passing by' or dwelling or working in the neighborhood' (3) Any person who fails to comply with any order under this sub-section shalt be liable for hne in addition to penal action, as prescribed'" *162. Subject to the provisions of any law relating to air, water or noise pollution' for the time being in *, 5: h. L t r.r+i.- 24 KL.J w P No 2021of202l Ibrcr:. and in accordance with any notification by the Stato Government in that behalt. the Municipatity ntay function as a competent authority lor the enJb rcement of such [aw: P:ovided that recovery oFcharges and imposition ol penalty, is levied on those persons who are directly n:sponsible lor causing po ution ofany kind relened alrcv,: as prescribed by the Govemment.,, "171, (l) There shall be, in every Municipatity, and in a clefined time frame, a Master plan comprising of a detailed planning scheme, land pooling scheme. local area plan having components of Water Supply Network Plan, Drainage and Sewerage plan. Sa.nitation Plan, Urban green spaces plan, and Tralhc & Transport Plan as prescribed in the Telangana Tc,vrn Planning Act, 1920 and the Telangana Urban Areas (Development) Act, 1975 and such a plan shall be t)rer guiding principle for overall development of the: torvn. (11) Iror securing planned development ol areas in Municipalities, a Detaited planning Scheme or Local Arr:a Plan shall be prepared for specific areas as identified and notified, and as prescribed in the Telangana Town Planning Act, 1920. Detaited Plaonirrg scheme shall be prepared in conformity with Master Plan or Indicative Land Use plan, if any, and shall have ecologically sensitive areas earmarked, and shaI have detailed Road Network plan, Urban Green Spacers Plan. Drainage plan, Water Trunk Lines. Rain l I 25 KL,J W P No 2023 of2023 t Water Harvesting Stnrctures and Solid Waste Management among the other as prescribed'" xxv) It is also relevant to note that Sections - 280 and 281 of the Act, 2019 deats with 'duties of Police Officers' and 'Power of Police Officers to arrest persons' respectively' Section - 282 deals with 'exercise of powers of Police Officer by Municipal Officers or Employees'. xxvi) Rule - 3 (a) of the Telangana Regularization of Unapproved and Itlegal Layout Rules, 20 19 for newly constituted Municipalities issued by respondent No'l vlde G'O'Ms'No'251' MA & UD (Plg'III) Department, dated 14.10'2019 deals with'unapproved/illegal layout" and it says that sub-division of land into plots with or without developed roads, open spaces and amenities and without the approval of the competent authoriry. xxvii) tn the light of the aforesaid provisions and the Rules' the petitioner has specificalty alleged that respondent No'5 is collecting parking fee by permitting heavy vehicles for parking in open spaces of the layout dated 08.06.1986 and atso doing illegal activities by erecting sheds and fencing etc' Therefore' the same is in violation of the procedure laid down under the Act' 2019' Even in the counter frled bY 26 KL.J w P No:021 o12023 respondent No.5. he has categorically admitted about maintenance of the said site, collect;ion of parking fee by engaging one Mr. Sudhakar Reddy, S ite Manager. xxviii) lt is also relevant to note that the Station House Officer, Dundigal Police Station requested respondent No.2 to fumish the details as to whether any permission was granted to respondent No.5 fbr parking ol heavy vehicles and collection of fee etc. In the counter filed by respondent Nlo.2., there is no mention about the same. Even he has not fumished the said details to the Station House Oflicer, Dundigpal Police Station. The, report of respondent No.4 dated 28.10.2024 is also silent about the sanre.

8. CONCLUSION: i) In the Iight of the aforesaid discussion and also considering the pendency of r,he aforesaid Suis, Writ Petitions, CMA and Second Appeal etc., thLis writ petition ls disposed of with the following directions: (a) Respondent No.2 shall consider the representations dated 2 1.1 1 .:.1022, 28.1 1.2022, 13 . 1 2.2022 and, 27 . 12.2022 su bmitted by the petitioner association, inspect the subject property and take action ag;rinst respondent No.5 strictly in accordance with the 27 KL,.I w P No 2023 of202l procedure taid down under the Aot,20l9 by putting the Petitioner Association and respondent No.5 on notice and affording them an opportunity of hearing; (b)Respondent No.2 shalt consider the allegation made by the petitioner that respondent No.5 permitting heavy vehicles to park in the subject property and collect parking fee without obtaining permission/license from it; (c) Respondent No.2 shall also consider the aspect that respondent No.5 and his family members claiming to be the owners of the land admeasuring Acs.19.00 in Survey Nos 242 (Pat)' 246 (Pan)' 247 (Pafi),249 (Part),250 (Part), 251 (Part), 252 (Part) and 268 (Part) of Bowrampet Village, can permit heavy vehicles to park in the said land and collect parking fee without obtaining permission from respondent No.2 Municipality; (d) Respondent No'2 shall also consider as to whether permissions were obtained by respondent No'5 and others for construction of sheds,structuresandfencingetcoverthesubjectproperrysince the same would come under the definition of 'building' as enshrined in Section - 2 (d) ofthe Act,20l9; ir-. i&r :t'' \ t 28 Kr.J u P No 2o2t ot202l (e) Resp,rndent No.2 shall also consider the contention of the Membr:r; of the petitioner association that they have purchased open plo:s under various registered sale deeds from its vencror i.e.. M/s rlPltHpl basing on the Layout dated 0g.06. 19g6 issued by the th<rn (iram panchayat, Bowrampet; (l) Respondent No.2 shall also consider pendency of the aforesaid Suits, Writ petitions, CMA and Second Appeal etc. and the interirn iniunctions/orders passed therein etc. and shall not get into the title disputes between respondent No.5 and his familv mcmbers zLnd the defendants in the aforesaid suits; (g)Respondcnt No.2 shall complete the entire exercise within a period of tlrree (03) months from the date of receipt of copy of this order: ancl (h)The Disrrict Collector, Medchal _ Malkajgiri District shali rake all necessary steps for disposal of the aforesaid writ petitions and second appr:al i.e., W.p. Nos.16554, 16563 and 16559 of 2005 and S.A. No. I 168 of 201I in respect of the subject properry ro avoid multipliciri of titigation; ii) In thr: r:ircumstances of the case, there shall be no order as to 29 KL,J w P No 2021of2o2l As a sequel thereto, miscellaneous petitions' if any' pending in the writ petition shatl stand closed' Ass'3Pi$rvR?3'SRiR /ITRUE COPY// SE N OFFICER To DePartment, Secretariat State of Telanga na at HYderabad

1. The Principal Secretary' MuniciPal Administration and Urban DeveloPment 2. The Commissioner, Gandimaisamma Dund igal MuniciPalitY' Medchal- rict. Malkaigiri Dist 3.7 he Commissioner , Hyderabad Metropolitan Development Authority' Swama , Cyberaba d Police Commissionerate ' Jyothi ComP lex, AmeerPe t, HYderabad' of Police

4. The Commissioner Cyberabad.

5. Two CCs to GP FOR MCPL ADMN AND URBAN DEVELOPMENT, High 6. Two CCs to GP FOR HOME, High Court for the State of Telangana at Court for the State of Teiangana at HYderabad. [OUTI Hyderabad touTl RI T.SUR RI PRABH SRIPU TTA KRISHNA REDDY, Advocate (OPUC) vocate [OPUCI DU, Advocate (oPUC) YA SATISH, Ad AKAR CHIKKU

7. One CCs to 8 One CC to S I One CC to S 0.One CC to M/s D.MADHAVI, SC FOR HMDA (OPUC 1'l .Two CD CoPies s ) 1 SA BS :'\i+ {?# '.' ':. :...: tin-"r HIGH COURT DATED:31n1n}Zs ORDER WP.No.2023 of 2023 -. _,i._ S1 Aia \ O1. c u i) ,.'1 $1lit M v i: .ti - .r'' DISPOSING OF THE W.P WITHOUT COSTS. @j# W