High Court · 2025

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 one in the nature of writ of Mandamus, declaring the inaction of the respondents 2 to 4 herein in initiating the action regarding the illegal constructions in pursuance of the petitioner's complaint Dt. 05.01 .2025 in curbing the illegal constructions in the illegal layout and without there being any approval for the construction activities including the petitioner's land in Sy.No.59 of Peezajiguda Village, Medpally Mandal, Medchal Malkajgiri District as per the provisions of Telangana Municipalities Act particularly Under Section '177, 178 (2) and 178 (6) r/w 17a (5) and 178 (7) and (B) r/w Section 180 as arbitrary, illegal void abinitio besides Article 14 and 21 of Constitution of lndia and principles of natural justice and further may be pleased to direct the respondents 2 to 4 herein to take appropriate action in respect of the illegal constructions in the illegal layout in Sy.No.59 of Peerzajiguda Village, Medpally Mandat, Medchat Matkajgiri District including the petitioner's land in pursuance of the complaint Dt. 05.01.2025 as per the provisions of relangana Municipalities Act pa(icularly Under Section 177, 178 (2) and 178 (6) r/w 1 74 (5) and 178 (7) and (8) r/w Section 180. lA NO: 1 OF 202s 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 respondents 2 to 4 herein to take appropriate action in respect of the illegal constructions in the illegal layout in sy.No.s9 of peerzajiguda Village, Medpally Mandel, Medchal Malkajgiri District including the petitioner's land in pursuance of the complaint Dt. 05.01.2025 as per the provisions of Tehngana Municipalities Act particularly Under Section 177 , j7A (2) and 178 (6) r/w 174 (5) and 178 (7) and (8) r/w Section 180, pending disposal of writ,petition. Counsel for the Petitioner: SRI J.ASHVINI KUMAR Counsel for the Respondent No.1 & 2: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.3: SRI KATIKA RAVINDER REDDY, SC FOR HYDRAA Counsel for the Respondent No.4: SRI PUTTA KRISHNA REDDY, SC FOR MCPL The Court made the following: OROER Order: HON'BLE SRI JUSTICE K.I-{KSHMAN w nt Pc tirionN .3649of 2025 Heard leamed counsel for the petitioner, Mr. Kadl<"t Ravinder Reddy, leamed Standing C_ounsel appearing for respondenr No.i and Mr. putta Krishna Reddy, learned Standing Counsel appearing for respondent No.4.

2. Petitioner herein is claiming rhat he is the absolure owner and possessor of Acs.g.Og guntas of land in Survey No.59 of Peerzadiguda Village, Medipalli Mandal, Medchal-Malk jgi.i District. In proof of the same, he has filed a copy of the panadar pass book Third panies are making consrrucion in rhe said land without obtaining prior permission of respondent No.4. Petitioner tried to obtain information from respondent No.4 under Right to Information Acr, 2OO5 (torshon ,rhe RTI Act). As the information was nor fumished, he has filed a writ petition ezZ W.P.No.34643 o{ 2023. The same was dismissed as infructuous on 18.12.2024. l I 2 \

3. fu per the information furnished by Hlderabad Metropolitan Develcpment Authority (HMDA), there $no approved lay out in Survey No.59 of Peerzadiguda Village, Medipally Mandal, Medchal-Malkajgiri District. Therefore, the constmctions are illegai. Petitioner has submitted representation dated'0S.0t.2025 with a request to take action against the said illegal constructlons. Despite receiving the said representation and acknowledging the same, respondent No.4 did not acE uPon same. Aggrieved by the said inaction of respondent No.4, petitioner filed the present writ petition.

4. Sri Putta Krishna Reddy, Ieamed Standing Counsel appearing for respondent No.4, on instructions, would submit that petitioner submitted the aforesaid representation dated 05.01.2025 without anyparticulan and the allegations made by petitioner are vague. However, respondent No.4 will inspect the subject site and if there are any illegal,/unauthorized constructions. he will take action against the same strictly in 3 accordance with the procedure laid down under Telangana Municipalities Act, 20 19. 5 In the light of aforesaid submission, this Vrit Petition is disposed of directing respondent No.4 to consider the peririoner's represenrarion dated 05.01.2025, inspect the subject properry, and if the allegations made by the petitioner are found to be true, he shall take action strictly in accordance with law. However, respondent No.4 shall not ad.fudicate the title disputes between the petitioner and third parries and shall'strictly confine to the unauthorized construction, { any, in Survey No.59 of Peerzadiguda Village, Medipally Mandal, Medchal-Malkajgiri District. He shall also follow the guidelines issued by the Apex Court in Jamiat Ulama I Hind v. North Delhi Municipal Corporation [\Xu.P.(civil) No.295 of ZOZZ dated 73.11.20241. He shall complete the said exercise within a period of eight weeks from the date of receipt of a copy of this order. 4

6. \X/rth the aforesaid direction, this \X/rit Petition is disposed of. No costs. fu a sequel, interlocutory applications, pending if any, stand closed //TRUE COPY// SD/- A.V .S.PRASAD REGISTRAR ASSIST SE OFFI CER " ; 1p :ffi*ffi,ffi$i5$tg,ig,;d6"qt1;#';;;;;;; t?liF3ffif,ffi +i',:l;dEfqtHilmff:ll** g. Two CD Coptes tt*Ra HIGH COURT DATED: 10102t2025 ORDER WP.No.3649 of 2025 1 HE STA} € c.. ,(\ '. I o t) ,.<, 17 fiA ?0i\ : i Dlspa " u'r n a \:--- DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \a cof* \q. 1@,>