High Court · 2025
Case Details
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PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe 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 wRrr oF MANDAMUS decraring the action of the respondents in seeking to dispossess the petitioner from the private property bearing No'1- 73iDil in Sy' No.50, admeasuring 208 33 sq' yards' situated at Janardhana Hills of Gachibowli' Serilingampally Mandal, under GHMC' without issuing any notice or opportunity and without fo owing due procedure, as being illegal, arbitrary, unconstitutional, in violation of principles of natural iustice and in violation of Articles 14' 21 and 300A I l of constitution of rndia and consequenfly direct the respondents not to dispossess the petitioner from the above said land lA NO: I oF 2025 Petition und.r section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased be pleased to direct the respondents not to dispossess the petitioner from his private property bearing No 1-73lD/1 in Sy. No.50, admeasuring 208.33 sq. yards, sit? ated at Janardhana Hills of Gachibowli, Serilingampally Ivlandal, under GHMC pending disposar of the above writ petition pending disposar of the above writ petition Counsel for the petitioner: SRI ANUGANTI PRANEETH counsel forthe Respondent No.1: Gp FoR McpL ADwIN uRBAN DEV Counsel for the Respondent No.2: SRI G. MADHUSUDAN REDDY, SC FOR GHMC Counsel for the Respondent Nos.3 and 4: SRI KATIKA RAVINDER REDD', SC The Gourt made the following: ORDER : a/ HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.2384 of 2o25 ORDER: Heard Sri Anuganti Praneeth, learned counsel appearing for the petitioner and Sri Katika Ravinder Reddy, learned Standing Counsel appearing for respondent Nos.3 and 4. Perused the record.
2. In view of the nature of relief sought by the petitioner, this Writ Petition is disposed of at the admission stage dispensing with notice to respondent No.5.
3. Petitioner herein is claiming that he is the absolute owner and possessor of house property bearing No'l- 73/Dl1 rn Sy.No.SO, admeasuring 208.33 Sq. yards, situated at Janardhana Hills of Gachibowli, Serilingampally mandal, under GHMC limits, on the strength of a registered sale deed bearing document No.15444 of 2014 dated 29.12.2074. There is a temporary Tin shed f rootn in the said property. Petitioner herein is in possession..of the said property. \./ .\ W.P.No.12384 of 2025 2
4. Respc,ndent No.4 has issr-red notice, dated i8.01.2025 stating that he has received a complaint from respondent No.5 alleging that petitioner has made construcl.ion in the open place ,/ park and Nala situated at Telangna IT Hub. Therefore, l-re has requested the petitioner to furn ish copies of the follor'ring documents: l. ll. Iu. 1V Copg of Registration Doanments of properly. Co,og of Sale Deed Documents. Co,o7,1 of Layout plan. Detoils of Court cases (if any). Seven (7) d,ays time was granted to the petitioner to submit copies of af,rresaid documents.
5. Vide prelimina4r expianation, dated 23.O1.2025 petitioner r,rquested respondent No.4 to furnish coplz of the complaint l,rdged by respondent No.5. Despite receiving and acknowledging the said preliminary reply, respondent No.4 did not furnish copy of the same. On the other hand, respondent Nos.3 and 4 are trying to dispossess the petitioner fiom the subject property. Challenging the action KL,J W.P.No.2384 of 2025 3 of respondent Nos.3 arrd 4, petitioner hled the present writ petltron.
6. Whereas, Sri Katika Ravinder Reddy, learned Standing Counsel appearing for respondent Nos.3 arTd 4, on instructions, would submit that respondent No.4 will furnish copy of the said representation submitted by respondent No.5 to the petitioner herein and also consider the preliminary explanation, dated 23.O1,.2025 and further explanation, if any, submitted by the petitioner and take action against the petitioner herein, strictly in accordance with the procedure laid down law. He has also furnished copy of the said cornplaint to the learned counsel appearing for the petitioner. He confirms receipt of the same. He has \ also furnished copy of the said representation to this Court and it is placed on record.
7. In the light of the said submission, this Writ Petition is disposed of granting liberty to the petitioner to submit further explanation, if any, to the notice, dated 18.O1.2025 within one week from today and on receipt of the same, -l W.P.No.2384 of 2025 4 respondent No.4 shall consider the same and takc action, if any, against the petitioner herein by putting the petitioner and respor ricnt No.s on notice and aflording them an opportunity, strictly in accordance with the proc<:dure laid down law. He shal1 complete the said exercise within a period of lbur (4) weeks from the date of r.eceipt of additional/lurther explanation submitted by the petitioner herein. If the petitioner failed to submit additional / further explanation rvithin the aforesaid timeline, respondent No.4 shall procee:d further, in accordance with 1aw. There shall be no order as lo costs. As a sequel, the miscellar-reous petitions, if any, pending in the Writ Petition sha.ll,stand SD/.P. PAD MANABHA REDDY ASSI sTI${r )i, SECTT IREGISTRAR ON OFFICER //TRUE COPY// to',. Bund, HYderabad. Aoencv' HYderabad ' -n" Principal l]ecretary, Municipal Administration and Urban Development Department, s""reta?iit,'i6e s[a]" or ret'ng-ana' Hvderabad' T S' 2. The commiss,oner, tti, eirt;i?iolrauat Muni6ipal corporation, Tank 3. The Commissioner, The Hyderabad Disaster Response and Asset Protection 4. ?ru'i;l#6; inJHyderauad Disaster Response and Asset Protection 5. i;"";ia'til;';i i ii." Rtsioents welfare Associatio n' J anard h a na H il ls' 6. o;; CCio'Sri nnuginti Praneeth, Advocate loPUCl 7. Two CCs to GP to|. ir,ru,iliiui"iimi"iiti"q"l Qroan tievelopment' High Court for the State c'f Telangana, at Hyderabad luu I I 8. one cc to sr G. M;'d"ti;;G;"H"oav,!;91v'-sc ror GHMCIoPUC] 9. 5;; cc io 5, Katika Ravinder Reddv, SC [OPUC] 10.Two CD CoPies Gachibowli, HYderabad. Aoencv. Hvderabad. TJ BS w HIGH COURT CC TODAY DATED:291011205 ORDER -(HE S14' f e o Qt -) o 31 ,lAtl zllft ( I' 2: rl) WP.No.2384 of 2025 t o DISPOSING OF THE WRIT PETITION WITHOUT COSTS |} .osL Yr- ;r(w