High Court · 2025

'1 l.Yerrola Venkat Reddv. g/o.-Bal Redddy late Aged about 73 years, Occ. o'ino'ir'p;'i-'H'rt,io'i, fl't"?,?illlYli; 8i3,,., B,ll,?,"11'oul-a"*""ild"i"virr?EL' l2 Raavi Ramakrrshna Rao, s/o G-opaia Aged about 42 years, occ. Aqricurture. R/o.F . No.j02, ranmaya -n;i,ij"i,t}" ,irj;;; Nagar, pH_j. Mothi Nagar,Hyderabad. wc eiranasii, pt.t;;tf ;ilr," iEl"#ir.;d;;,MJ;jj:i l3.Balagari Ashok, S/o Shiyllt-!?t",Aged about 52 years, Occ. Asricutture. R:/o H'No.3-27l3. Bowrampet viriige,--ouin"burrapur Vrandar,Medchar Malkajgiri District. l4 Baraqari Shankaraiah. s/o. Narsaiah, Aged about 57 years, occ. Aqricurture_ *".-rr. Bowramper vii6;,"d,Y;;riil[Jlir,ranoar,vedchar Markajsiri Malkajgiri District. Bi3i.,!i '15. Balagari Bhalaram, S/o. Narsimha Aged about 3t - y*;I;id.:751i'";iJilp"t virase, ii,,irio;ri,e_j,."r,i,lEli'r8..3;jn^1,".,_,jffi;

16. Balagari Naravan H.No.3-2712,-Bo District. a'flhivaiah, Jate, Aged about 55 years, Occ. Agriculture. RIo. wra m pet Vi tta ge, e uth b u Ita p u r' Ma nda I i'lriiiririg i ri ui 3r., "'rrf " AND 1 2 3 4 ..,..PETITIONERS The State of Telanqana. Rep.by its principal Secretary, Municipal fl $fl iit:X1". a nd U rba n o b v"i o p m e ni iiei"-'t",i"'ni]' d L" r"ta ri a t B u i rd i n s, [lr:r[iT:g., Commissioner, Dundigat Municipatity, Medchat rMatkajsiri officer, Dund isal Police station, Medchat Markajgiri 5i::r:',:+:3'"use Y Mahipar Reddv. Sio. y IMara Reddy Aged about 36 years, occ. Agricurture. R:/o. Bowramper-Vi,age, ortnorrrrpri ^rrziii,n,,"liti.rvrrrkajsiri District. .....RESPONDENTS Petition Under Articre 226 0f rhe constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction more particurarry one in the nature of writ of Mandamus decraring the inaction of the officiar Respondents in restraining the Respondent No.4 from encroaching the pubric connectivity Road in Sy.No.475 of Bowrampet Village, Gandimaisamma Bundigal Mandal, Medchal Markajgiri District as iregar, arbitrary, contrary to the principres of naturar justice and as well as violation fundamental rights guaranteed under the constitution of lndia and consequently direct the official respondents to restrain the Respondent No.4 from encroaching the pubric connectivity Road in sy.No.475 of Bowram )et Village, Gandimaisamma Dundigal lrrlandal, Medchal Malkajgiri District. I.A.NO:1 OF 2025 Petition Under section i s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the official respondents to restrain the Respondent No.4 from encroaching the Public Connectivity Road in Sy.No.475 of Bowrampet Village, Gandimaisamma Dundigar Mandar, Medchar Markajgiri District, pending disposar of the above writ petition. Counsel for the Petitioners : M/s A.SHIRISHA Counsel for the Respondent No.1 : Gp FOR MCPL ADMN AND URBAN DEVELOPMENT Counsel forthe Respondent No.2 : SRI pUTTA KRISHNA REDDY Counsel for the Respondent No.3 : G.p FOR HOME Counsel for the Respondent No.4 : - The Court made the following ORDER THE HONOURABLE SRI JUSTICE K. LAKSHMAN IIIRIT PETITION No.324O OF 2025 ORDER: Heard Ms. A.Shirisha, learned counsel for the petitioners, Sri Putta Krishna Reddy, learned Standing Counsel appearing for 2nd respondent and learned Government Pieader for Home appearing for 3rd respondent.

2. 1st petitioner is a School arld petitioner Nos.2 to 16 residents of Bowrampet Village, Dundigal Gandimaisamma Mandal, Medchal-Malkajgiri District. According to them, 4th respondent is trying to encroach public connectivity road jn Survey No.475, situated at Bowrampet Village, Gandimaisamma Mandal, Medchal-Malkajgiri District. The petitioners have submitted representation dated

14.12.2024 to 2nd respondent with a request to take action against 4th respondent. Despite receiving and acknowledging the said representation, 2.d respondent did not consider the same. Aggrieved by the said inaction of 2"d respondent, petitioners fi1ed the present writ petition. 7 2

3. Whereas Sri putta Krishna Reddy, learned Standing Counsel appearing for 2nd respondent would contend that 4th respondent has already filed a writ petition ulde W.P.No.356OO of 2A24 and uide order dated 18.12.2024, this Court disposed of the said writ petition directing 2,a respondent to inspect the site once again and consider the documents submitted by the 4th respondent, complaint dated

14.I2.2O24 of residents of the colony and take action strictly in accordance with law. Thereafter in compliance with the said order, 2"a respondent has already issued notice to the Panchayat Rqj Department and Tahsildar, Gandimaisamma Dundigal Mandal for the purpose of conducting survey to demarcate the aforesaid road. The petitioners are not cooperating with 2"a respondent ald Surveyor by receiving notice. A direction may be given to the petitioners to cooperate with 2"a respondent and the Surveyor in complying with the directions of this Court in the order dated 18.12.2024 in W.P.No.3S6OO of 2024. The said written instructions along with notice are placed on record. 4 . 4tr, respondent has filed a writ petition uid.e W.P.No.356OO of 2024 contending that he is the absolute I 3 owner and possessor of Acs. 2.25 guntas in Survey No.475, situated at Bowrampet Village Dundigal-Gandimaisamma Mandal, Medchal-Malkajgiri District on the strength of registered Gift Settlement Deed bearing Document No.7B42 of 2018 dated 10.04.2018. There is a walking track in the said property. Residents of the said locality submitted a representation to 2"d respondent alleging that some unknown persons disturbed the said walking track. On receipt of the said complaint, 3rd respondent-Dundigal Police has a-lso registered a case in Crime No.1O62 of 2024 dated 16.12.2024 against unknown persons. Under the guise of investigation, 2"d respondent tried to lay 24 feet wide road through the land belongs to the 4th respondent without following due procedure laid down under law. Learned Standing Counsel appearing for 2"d respondent produced copies of photographs, complaint dated 16.12.2024 etc., to show that there is a walking track. On consideration of the said aspects, uide order dated

18.72.2024, this Court disposed of the said writ petition directing the 2.a respondent to inspect the site once again, consider the documents submitted by 4tr, respondent, complaint dated 14. 12.2024 of the residents of the colony and \ ,/ 4 take action strictly in accordalce with the procedure laid down under the Telangala Municipalities Act, 2019.

5. In compliance with the said order, 2n<1 respondent requested the Surveyor, Dundigal Mandal to conduct survey with regard to land in Survey No.475 for the purpose of demarcating the said road. On receipt of the said representation, Surveyor has issued survey notice dated

16.12.2024 fixing the survey on 2L.I2.2O24. Ttte 2na respondent has also sought information from District Panchayat Raj Engineer with regard to the said road. Vide proceedings dated 06.01.2025, the District panchayat Raj Engineer, PR(PIU), Medchal-Malkajgiri District clarified that road from Miyapur PWD road to SC coiony, Bowrampet is a PR road of length 1.60 KM from 0/0 to 1/100 is a B.T.road and from 1/100 to 1/600 up to SC colony is a CC road and the width of the said road is 3.75 meters with road ID.No.21O2O37. It is the specific contention of 2'd respondent that petitioners are not cooperating with 2"d respondent in complying with the directions of this Court in the order dated

18.12.2024 1n W.P.No.356OO of 2024. ! I : ; I 5 I I I

6. Whereas Ms. A.Shirisha, learned counsel for the petitioners, on instructions, would submit that petitioners will cooperate with the 2"d respondent in compliance with the directions of this Court in the order dated 18'12'2024 in W.P.No.3560O of 2024.

7. in the light of the said submission, this Writ Petition is disposed of directing petitioners to cooperate with

2.'i respondent in complying with the order dated lA'12'2O24 passed by this Court in W.P.No.356OO ol 2024. However, 2'd respondent will comply '*'ith the said order within the time as expeditiously as possible preferably \Mithin a period of four (04) weeks from the date of receipt of a copy of this order' Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. //TRUE COPY// SD/.A.V.S. PRASAD ASSTSTANT REGISTRAR SECTION OFFICER To District, T.G.

1. The Principal Secretary, Municipal Administration and Urban Development Oepartment, Secretariii Building' State of Telangana at Hyderabad . . ' 2. The Municip"f Co.mJsion"r, Ditndigal Municipality, Medchal Malkajgiri e. i6" s[tion House officer, Dundigal police Station, Medchal Malkajgiri 4. i;; ab. to GP FoR MCPL ADMN AND URBAN DEVELoPMENT' High 5. i;; CCs to GP FoR HOME, High Court for the State of Telangana at Court for the State of Telangana at Hyderabad [OUT] District, T.G. Hyderabad. [OUT]

6. One CC to Mis A.SHIRISHA, Advocate IOPUC] z. On" CC to SRI PUTTA KRISHNA REDDY, Advocate (OPUC) : 8 ^Two CD CoPies SA KI: I i I I i HIGH COURT DATED:0510212025 ORDER WP.No.3240 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. ,{^ ( q --:':=1 i*E sl /t ()6' .\ L' 14 Fti] ?[25 i DFsP A'r C