✦ High Court of India · 06 Feb 2025

1. Gudimalla Nageswara Rao v. The State of Telangana

Case Details High Court of India · 06 Feb 2025
Court
High Court of India
Decided
06 Feb 2025
Bench
Not available
Length
1,370 words

Petition Lrnder Article 226 of the Constitution of lnd a prayrng that in the circumstances stateri in the affidavit filed therewith, the High Court may be pleased to pass an rrder or direction or writ more particLrlarly in the nature of Mandamus duly ,leclaring the impugned Lay Olt Permission No. 001496/LO/DTCP/3C 1B/016712022, daled 19.O1 2023, in lancl admeasuring about Acers 9.39 Guntas Survey Numbers 80/^E/ 1 ,801^F11, 80/^8/1 , B0l^812,801"C/2, 80/^c/'l , 80l"El1l1 ,Bt.tnFl1l1, 80/"A, 801^Dl2l2,7Bl^D11,781'Cl1 ,801^E12, B0/^E/3, 7Bl^D12, 7Bl^C|2, 83 ^A/1 , 831^A12, 85/nB, 85/nC, 801^Dl4, 30/^D/6, 79/1, (As per ADSLR Sy Ncs. 7r\lPaft, 79lParl, 8O/Part and 83/Part), at Dhamsalapuram Revenue Village, Khirmmam Drstrict as illegal, arbitrary and against the principles of natural justice anc: sanctioned without there being the lan,l, and consequently, set aside the same with a direction to reconsider the applicatron of the private respondents 5 to 15 for lay out permission only after duly verifying the documents and physical verificzrlion of the total extent with proper survey, in the interest of juslice lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the crrcumstances stated in the affidavit filerd in support of the petition, the High Courl. may be pleased to impugned layout vide Permission No. suspend the 001496/LO/DTCP 130181016712022, dated 19.O1.2023, in land admeasuring about Acers 9.39 Guntas S urvey Numbers 80/nE/ 1 , 801^F11, 80/^E]/'l , B0l^B.12, 801^C12, 80l"cl1 , 801^El1 l1 .BOt^F 1111, 80/^A, B0l"Dl2l2, 781^Dl1 , 781 \Ct1 , 801^E12, 80/^E/3, :;j'. 781^D12, 781^C12,83/^4/1 , 83t^A12, 85/^8, 85/^C, 801^D14, 80/^D/6, 79/1 , (As per ADSLR Sy Nos. 78lPart, 7}tPafi, 8o/Part and 83/Part), at Dhamsalapuram Revenue Village, Khammam District and dir€qLtne 3rd respondent not to entertain any sale transactions in respect of plots falling in the above lay out in the interest of justice Counsel for the Petitioner: SRl. P RAMA SHARANA SHARMA Counsel for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2: SRI P. SRIDHAR RAO SC FOR KHAMMAM MC Counsel for the Respondent NO.3: GP FOR REVENUE Counsel for the Respondent Nos.4 to 15: --- The Court made the following: ORDER ::-*=7 l'HI.] IION'I}LE SIII JUSTICI! K.I,AKSHMAN \VRI'I' PFITITION No. 3404 of 2025 ORDER Hearcl lcarned counsel for petiti()ners and Sri P, Sriclhar I{ao, learned Standing Counsel fot' Khammam Municipal f'1r'poration appearing fbr 2''d respondcnt

2. Pclitit.rr,:rs itrc c)aiming that they ate the absolute owners and lrosscssor'; o1'land adrneasuring 600 Scl.yards, 40() Sq.yars, 200 Sq.vald..700 Sq.yards and Ac.0.10 gunl.as, in total Acs.0.25 70 {Lrntas, in Survey No.80/EEi2 situatcd at Dharnsalapunun Rc'n,enuc Village, Khammarn Urban Mandal, rvithin tlre lirrrits o1- 2"'1 respondent Municipal Corpttratiou, ttn the slrerrgth of rcgistered sale deeds bearinl; document Nos.5991 ol 2018 dated 29.05.2018; 8170 oi 2018 dated

2101.20t8; 12680 ol'2018 dated 22.1.2018; 1390 o1'2019 dated 14.02.1019 and 948 of 2019 dated 07.01.2019. Thev have also obtaincd personal loan from DCCB Bank, 2 KL, J w.P.No.3404 ot 2O2s Khammam Rural Mandal. They have purchased the said propefty from 4'l' respondent.

3. It is the specific contention of petitioners that 4th respondent is the owner of Ac.0.15 guntas of land and even then, she has sold Ac. 1.0070 guntas of land to various individuals under various registered sale deeds. ln proofofthe same, petitioners have filed a copy of enquiry reporl dated

28.06.2024 submitted by Tahsildar, Khammam Urban, to Revenue Divisional Ofhcer, Khammam. Without considering the said aspect and by way o1 misrepresentation of facts, respondent Nos.5 to 15 obtained final layout plan dated

19.01.2023 from 2"d responrlent. Therefore, petitioners are seeking to declare the impugned final layout plan dated

19.01.2023 issued by 2nd responclcnt as illegal.

4. Perusal of the record would reveal that petitioners have not submitted any representation to 2nd respondent narrating the above stated facts and enclosing copy ofthe enquiry report dated 28.06.2024 submitted by Tahsildar, Khammam Urban, to Revenue Divisional Ofhcer, Khammarn. 3 l( 1,, J W.P.No.31(l'1o1 2025

5. Accordrng to the learned Standing Counsel appearing for 2nd respouclent, 2"d respondent has issued the final layout plan dated 19.01.2023 on considering prima fa,:ie title and possession o1' respondent Nos.5 to l5 ovel the subject property. If petitioners have any grievance, they have to submit representation to 2nd respondent and 2"d respondent will i I consider the iarne.

6. In the light o1' tl.re above said submissic,n, this Writ Pctition is ilisposcd o1' permitting petitioners to submit a reprcsentation to 2nd respondent narrating the afore-stated facts and enclosinq all the relevant documents including enquiry reporl dated 28.06.2024 submitted by Tahsildar, Khammam Ulban, to Revenue Divisional Officer, Khamrnam, with a request to cancel the flnal layout plan dated 19.0 t.2023 issued in favour of respondent Nos.5 to 15, within one rveek and on receipt r:lf th: said application, 2nd respondent shall consider and disllose of the same in accordance with the Telangana Municipalitics Act, 2019, by putting pctitioners and respondent l{os.4 to 15 on notice and affording them an 4 KL, J w.P No 340{ ol2O25 opportunity of hearing. 2'd respondent shall complete the said exercise within a period of six (6) weeks thereafter Miscellaneous applications, if any pending, shall stand closed. SD/.T. JAYASREE ASS T NT REGISTRAR -/ //TRUE COPY// SECTION OFFICE R To, 1 The Principal Secretary (Municipal Administration)' Secretariat' Hyderabad' Khammam lrlunicipal Corporation' Khammam Town and 2- The Commissloner, District. The Sub-Registrar, Khammam' Khammam Town and District' One CC to SRl. P RAMA SHARANA SHARMA Advocate [OPUCI One CC to SRI P. SRIDHAR RAO SC FOR KHATUN/AM IVC IOPUCI Two CCs to GP FOR tvlCPL ADTUN URBAN DEV 'High Telangana. [OUT] 3 4 5 6

7. Two CCs to GP for Revenue' High Court for the State of Telangana at Court for the State of Hyderabad. [OUT] Two CD CoPies 8 KKS BS HIGH COURT DATED:0610212025 ORDER WP.No.3404 ot 2025 0 I P R A 2S[ \t., ,r, , o t, A cI i;l * DISPOSING OF THE WRIT PETITION WITHOUT COSTS ./1 /.2 ,/3z f /

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments