Sri Sri Sri Gomunendra Swamy Trust v. The Deputy Commissioner

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 in the nature of a writ of mandamus declaring the action of the Respondents in laying a road in the Petitioner's Property admeasuring 1 1 38 square yards Situated in Sy no. 131lPart of Yapral Village, Alwal Municipality, Medchal Malkajgiri District as being void, illegal, arbitrary, vio{ative of principles of natural justice, violative of Article 14 of the Constitution of lndia. ,/ -.rI 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 retrain the Respondents from laying a road or carrying out any other activity over the Subject Land of the Petitioner admeasuring 1 138 square yards Situated in Sy no. 131/Part of Yapral Village, Alwal Municipality, Medchal Malkajgiri District. Counsel for the Petitioner: SRI M. P. KASHYAP Counsel for the Respondent Nos. 1 to 3: SRI MIDDE ARUN KUMAR, SC FOR GHMC Counsel for the Respondent No.4: GP FOR MUNICIPAL ADMINISTRATION URBAN DEVELOPMENT The Court made the following: ORDER HON'BLE SRI JUSTTCE K. LAKSHMAN WRIT PETITION No.2015 OF 2025 ORAL ORDER: Heard leamed counsel for the petitioner and Mr' Midde Arun Kumar, learned Standing Counsel appearing on behalf of respondent Nos.l to 3.

2. The petitioner is claiming that it is the absolute owner and possessor of the land admeasuring ll38 square yards in Survey Nos. 130 and t3l/Part, situated at Yapral Village, Malkajgiri Mandal under Alwal Municipality, Medchal - Malkajgiri District, on the strength ol registered Gift Settlement Deeds bearing document Nos.6599 of2006, 1950 of2008 and 2069 of 2008. After acquiring the said land, the Trust got constructed a serene temple and cows arc also taken care by the Trust by providing two sheds. When respondent Nos. 1 to 3 tried to interfere with the possession o I the pcririoner, it has fited a srit vide O.S. No.540 of 2024 against thenr sccking perpetual injunction. Vide order dated 21.06.2024 in l.A No.9 l9 of 2024 in the said suit, learned Principal Junior Civil Judge. Medchal, passed an interim injunction till 02.07.2024. The same was cxpired. According io leamed counsel, the petitioncr has also filed an

2. RI-.J W.P l.Jo20l5,Jtl02-i Interlocutory Application tbr exte.sion of the said interim injunction. Leamed Judgc heard the said application and posted to 04.02.2025 lor orders. [n the rneanu,hile, respondent Nos.1 to 3 dumped the material and they arc trying to lay a road connecting to.an unapproved lay out- +lnt o,,ugrs. I'hus, respondent Nos. 1 to 3 in collusion with the plot owners ol r:napproved layout are trying to lay a road in the property belongs to thc peritioner herein. Challenging the said action of respondent Nos. I to 3, the petitioner filed the present writ petition.

3. Whereas, Mr. Midde Arun Kumar, leamed Standing Counsel for GHMC. on instructions, would submit that respondent No.l has already issucd a norice dared 26.04.2024 under Section - 402 of the HMC Act. 195_5 direcring the petitioner herein to remove the unauthoriz-ed constructed AC sheet shed and rvatchmen rood on the road portion ol' Plot No.l l5 in Survey Nos.130 and 131, situated at Mehar Babab (lolony, Yapral, Ncredmet, Malkajgiri. The petitioner has not rcnr<lr cc1 the same. Therefore, respondent Nos. I to 3 dernolisltcd thc said structures. [i', en then, the petitioner made the construction aqairr w,ithout obtaining prior pemrission fiom the GHMC blocking thc said approach road. 3 KLJ wP No z0li ot2025

4. As discussed above, the petitioner herein has already filed a suit vide O.S. No.540 of 2024 against respondent Nos.l to 3 seeking perpetual injunction. The trial Court granted interim iryrunction on

21.06.2024 and the same was expired. The petitioner did not take any steps for extension of the said interim injtnction order. However, it has filed an Interlocutory Application seeking extension of the said order and the same was heard and posted to 04.02.2025 for orders. Therefore, the petitioner herein cannot pursue parallel remedies

5. There is specific allegation against the petitioner herein that it has unauthorizedly constructed AC sheet shed and watchmen room on the road portion blocking the approach road to Plot No.l15 in Survey Nos.130 and l3l, situated at Mehar Baba Colony, Yapral. [-lowever, the petitioner is disputing the same. It is a factual aspect which this Court cannot consider. It is for the Civil Court to consider thc same. The aforesaid suit and IA are pending consideration Therefore, the petitioner is not entitled for any relief, much less the relief sought in the present writ petition. Therefore, this writ petition lails and the same is liable to be dismissed.

6. This Writ Petition is accordingly dismissed. However, liberty is granted to the petitioner to pursue the said Interlocutory ( I 4 KI'J W.P. No.20tJ of2025 Application filed by ir in O.S. No.540 of 2024 seeking extension of interim tnjunction ordcr in I.A. No.9l9 of 2024 and approach respondent Nos. I to 3 lor implementation of the same. In the circumstances olthc case, therc shall be no order as to costs. As a sequcl thercto. miscellaneous petitions, if any, pending in this writ petition shall stand cbsed. //TRUE COPY// SDL T. JAYASREE ASS!STANT REGISTRAR ,\S ON OFFICER To

1. One CC to Sri M. P Kashyap, Advocate lOPUCl 2. One CC to Sri lrlidde Arun Kumar, SC for GHMC [OPUC] 3. Two CC to The GP for Municipal Administration Urban Development, High Court for the State of Telangana, at Hyderabad[OUTI

4. Two CD Copies TJ GJP s. HIGH COURT DATED:2410112025 ORDER WP.No.2015 of 2025 \ ( ( (-) 1ti E S.: 4I6 ).(. Fi; 2r lJ. t a)€ s nAl c.$ DISMISSING THE WRIT PETITION WITHOUT COSTS \ il.r \eq