✦ High Court of India · 05 Feb 2025

In the said sale deed, only two partners names are mentioned i.e., J. Ramesh v. Seetharamaiah

Case Details High Court of India · 05 Feb 2025
Court
High Court of India
Decided
05 Feb 2025
Bench
Not available
Length
1,001 words

Chandagiri Srinivas, S/o. Rajai, Aged about 42 years, Occ. Political Leader, R/o. H.Nb. 3-52, thimmapur, Kythanpally, Ivanchiriyal District. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue writ, order or direction more particularly one in the nature of writ of Mandamus declaring the in action of the 3'd respondent not considering the petitioner representation dated 03.01.2025 is arbitrary, illegal and violative of Articles 14, 19,21 of Constitution of lndia and principles of natural justice and further direct the respondent No.3 to demolish the illegal constructions. 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 direct the respondent no.3 consider the representation dated 03.0'1 .2025 pending disposal of the above writ petition. Counsel for the Petitioner: SRI R. MANGULAL Counsel for the Respondents: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2: GP FOR HOME Counsel for the Respondent No.3: SRI PUTTA KRISHNA REDDy, SC Counsel for the Respondent No.4:--- The Court made the following: ORDER fHE HON'BLB SRI JUSTICE K. LAKSIIMAN WRIl'PE TITION No.3235 of 2025 ORDE,R: Heard learned counsel for petitioner and Sri Putta Krishna Reddy, learned Standing Counsel appearing for 3'd respondent.

2. According to petitioner, Sri Sai Raksha Homes, Thimmapur, a parlnership firn.r, is the absolute owner artcl possessor of Acs.0.22 guntas in Survey No.356 situated at Thirnrnapur Village, Mandamarri Mandal, Mancherial District, on the strength of a registered sale deed bearing document No.5282 of 2013 dated 16.04.2013. Her husband, late Bandla Anil Kumar, was a partner in the said firm.

3. When 4'h respondent is proceeding with the construction in the said properly without obtaining permission from 3'd respondent Commissioner, Kyathanpalli Municipality, Kyathanpally, Mancherial District, she has submitted a representation dated 03.01.2025 to 3'd respondent with a I I - I I I 2 KL, J w.P.No-3235 of 2o2s request to take action against 4'h respondent. Despite receiving and acknowledging the said representation, 3'd respondent did not act upon the same. Aggrieved by the said inaction of 3'd respondent. petitioner filed the present Writ petition.

4. Sri Putta Krishna Reddy, leamed Standing Counsel appearing lbr 3'd respondent has produced written instructions. A perusal of the same would reveal that earlier, one G. Ranresh has filed Writ Petitions vide W.p.N os.28492 of 2023 and 21929 of 2024 with regard to the very sarne property and the saute were disposed ol at the adrnission stage. There are disputes with regard to the title. However, Sri Sai Raksha Homes has to submit a representation to 3'd respondent alleging that 4'r' respondent is proceeding with the construction without obtaining permission from 3'd respondent and 3'd respondent will take action against 4th respondent.

5. As rightly contended by the learned Standing Counsel appearing for 3'd respondent, the said Sri Sai Raksha Homes is the owner of the aforesaid property under the aforesaid registered sale deed. Petitioner is claiming that her husband \ t \ 3 KL, J W.P.No.3235 of2025 was a partner in the said partnership firm. In the said sale deed, only two partners names are mentioned i.e., J. Ramesh and V. Seetharamaiah. Petitioner's husband's name is not mentioned as partner of the said firm. However, petitioner is contending that her husband is no more. Therefore, the said firm has to submit a representation to 3'd resPondent complaining that 4'r' respondent is making illegal construction in the aforesaid propefiy. Petitioner cannot submit representation and cannot file the present Writ Petition alleging non-consideration of the said representation.

6. ln the light of the above, tltis Writ Petition is disposed of granting liberty to Sri Sai Raksha Homes, partnership finn, to submit a fresh representation to 3'd respondent alleging that 4'l' respondent is making construction without obtaining permission and on receipt of the same, 3'd respondent shall inspect the subject site and if the allegations made against 4'h respondent are found to be true, 3'd respondent shall take action against 4th respondent strictly in accordance with the 4 KL. J r,1 .P.No.3235 ot 2025 procedure laid down under the provisions of Telangana Municipalitics Act, 2019. There shall be no order as to costs. Miscellirneous applications, if any pending, shall stand closed. //TRUE COPY// sD/'N. SRIHARt I AssrlTANT REGISTRAR I ON OFFICER To, Develo p Admi nistration and Urban strict Collector, Ma nchiriya ment, Secretariat, District, Telangan a State

1. The State of Telangana, ReP bY itsThe Principal S 2. The Di 3. The Commissioner, KYtha npalli Munlclp ality, KYthan pally, [Jl anchiriYal District Advo cate IOPUC] to Sri R. Mangulal, 4. One CC tion U rban DeveloPment, High Court al Administra 5. Two CCs to GP for MuniciP erabad t Hyd tate of Tela ngana, a SC[OPUC] ReddY, Krishna e CC to Sri Putta 6. On 7. Two CC to The GP fo r Revenue, Hig h Court for the State of Telangana, at Hyderabad for the S I icipal Hvd erabad IO UT] Two CD CoPies B TJ GJP V \ \ , HIGH COURT DATED:0510212025 I ORDER WP.No.3235 of 2025 e I I ltiE S14 14: 0 2 ilAY ?m5 t)A,sparr.rr90 * a *\ {t DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,< \.r. r1b I ?

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