High Court · 2025
Case Details
Acts & Sections
The State of Telangana, Represented by its Principal Secretary, Municipality and Urban Development Department, Secretariat, Hyderabad. The District Collector, Vikarabad District, At integrated District complex, Parigi Road, Vikarabad District, Telangana. The Parigi Municipality, Represented by its Commissioner Parigi, Vikarabad District. The Additional Collector (Local Bodies), Vikarabad District. The Town Planning Officer, Parigi Municipal Corporation, Parigi, Vikarabad District. The District Task Force, Vikarabad District. kavali srinivas, S/o.K.Mogulaiah, Aged about 37 years, Occ. Govt.Employee, Rl/o.H.No.6-41 , Baharpet, Parigi Village and Mandal, Vikarabad District. M/S. Mahi lnfra Developers, A Partnership Firm Represented by its Partner Yelkicherla Ramesh, S/o.Y. Ramulu, Aged about 40 years, Occ. Business, Rl/o.H.No. 1-2312, Madharam Village, Parigi Mandal, Vikarabad District. ...RESPONDENTS 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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of Respondents more particularly Respondent Nos.2 to 6 herein in not taking action pursuant to the Speaking order Dated 28.11.2024 vide No. 633/UC/TPS/PARll2024 which was issued basing on the Complaints Dated. 21 .10.2024 and 08.11.2024 for removing the illegal construction of the compound wall over the Land admeasuring Ac.0.07 Gts. in Sy.No.228lA and the abutting lands in Sy.Nos.220lpart and 25'llpart, situated at Parigi Village and Mandal, Vikarabad District which is made by the Respondent No.8 in collusion with Respondent No.7 herein is illegal, arbitrary, against to the Principles of Natural Justice and in violation of Articles 14,21 and 3004 of the constitution of lndia, and consequenfly direct the Respondent Nos.2 to 6 herein to remove the illegal construction of the compound wall over the Land admeasuring Ac.0.07 Gts. in sy.No.22BlA and the lands in sy.Nos.220lpart and 2Sllpari and the abutting lands in Sy.Nos.220lpafl and 2s1lpatl, situated at parigi Village and Mandal, Vikarabad District 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 Nos.2 to 6 herein to remove the illegal and unauthorized construction of the compound wall over the Land admeasuring Ac.0.07 Gts. in sy.No.22BlA apart from abutting lands in sy.Nos.220lpa17 and 2s'l lparl, situated at Parigi Village and Mandal, Vikarabad District which is made by the Respondent No.8 in collusion with Respondent No.7 herein as per the Speaking order Dated 28.11.2024 vide No. 633/uC/TPS/P ARll2o24 pending disposat of the writ petition Counsel for the Petitioner: SRl. K. PRADEEp REDDY Counsel for the Respondent No.1 : Gp FOR MUN|CIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2&4: Gp FOR REVENUE Counsel for the Respondent Nos.3&5: SSRI pOffu KRISHNA REDDY, SC Counsel for the Respondent No.6: Gp FOR HOME Counsel for the Respondent Nos. 7&8:- The Court made the fotlowing: ORDER THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.4333 of 2025 ORDER: Heard learned counsel for petitioner and Sri Putta Krishna Reddy, learned Standing Counsel appearing for 3'd and 5th respondents and learned Assistant Govemment Pleader for Revenue appearing for respondent Nos.2, 4 & 6.
2. On the complaint dated 21.10.2024 given by petitioner, 3'd respondent - Parigi Municipality, has passed a speaking ordcr dated 28.11.2024 dirccting 7'h rcspondent to rcmove the unauthorized construction within fifteen ( l5) days. 7 respondent has not removed the said unauthorized construction. Thcrcforc, vide lctter dated 13.12.2024, 3'd respondent requcsted 4th rcspondent to take necessary action for removal of unauthorized compound wall. Vide letter dated
18.12.2024, the Chairman and Councilors of 3'd respondent municipality requcsted 3'd rcspondcnt to takc action against 71h respondent. Vide letter dated 1g.12.2024,4'h respondent requestetl 6'h respondent - District Task Force, Vikarabad, to 2 KL, J W.P No.a333 of 2025 take action against 7th respondent for removal of the said compound wall. Vide letter dated 30.12.2024,3'd respondent requested the Station House Officer, Parigi, Vikarabad, to provide protection (bandobasth) for removal of the compound wall. Vide letter dated 06.01 .2025,3'd respondent requested 4 th respondent to take necessary action to remove the compound wall. Even then, 7'h respondent did not remove the said compound wall and 3 rd and 4th respondents are not proceeding further. Challenging the said action of respondent Nos.3 to 7, petitioner has filed the present Writ Petition.
3. Perusal of the record would reveal that 8'h respondent has filed a suit vide O.S.No.56 of 2024 against petitioner and 7'h respondent for specific pcrformance of agreement of sale dated 29.09.2024 and the same is pending. The aforestated facts would reveal that there are disputes between petitioner and respondent Nos.8 & 9 with regard to subjcct properry. However, 3'd respondent will not considcr thc same and has to take further action pursuant to the speaking order dated 3 KL, J w.P.No.4333 of 2025
28.11.2024 by which 3'd respondent directed 7'h respondent to remove the unauthorized construction within fifteen ( l5) days.
4. Leamed Standing Counsel appearing for 3'd and 5th respondents and Ieamed Assistant Government Pleader for Revenue appearing for respondent Nos.2, 4 & 6, on instructions, would submit that 3'd and 4'h respondents will take further action against 7'h respondent pursuant to speaking order dated 28.11.2024 strictly in accordance with the I I procedure laid down undcr thc Telangana Municipalitics Act, 20t9. 5 In the light of the above, notice to 7'h and 8'h responclents is dispensed with.
6. Accordingly, this Writ Pctition is disposcd of directing 3'd and 4th respondents to take necessary steps in execution of the speaking order dated 28.11.2024 strictly in accordance with the proccdure laid down under the Tclangana Municipalities Act,20l9. Thcy shall complete the said exercise within a period of four (4) weeks from the date of 4 KL, J w.P.No 4333 of 2025 receipt of a copy of this order. However, 3'd and 4'h respondents shall not consider the title disputes between petitioner and respondent Nos.7 & 8 with regard to the subject property. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. To, //TRUE COPY// SD/. T.TIRUMALA DEVI TANT REGISTRAR '-'--.-''_I-_-- A ECTION OFFICER '1 . The Principal Secretary, Municipality and Urban Development Department, 2. The District Collector, Vikarabad District, At integrated District complex, Parigi Secretariat, T.S.,Hyderabad. Road, Vikarabad District, Telangana.
3. The Commissioner, Parigi Municipality, Parigi, Vikarabad District. 4. The Additional Collector (Local Bodies), Vikarabad District. 5. The Town Planning Officer, Parigi Municipal Corporation, Parigi, Vikarabad District.
6. The District Task Force, Vikarabad District. 7. One CC to SRl. K. PRADEEP REDDY, Advocate IOPUCI 8. Two CCs to GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT ,High Court for the State of Telangana, at Hyderabad [OUIJ 9. Two CCs to GP FOR REVENUE High Court for the State of Telangana, at 10.Two CCs to GP FOR HOME, High Court for the State of Telangana, at 11. One CC to SRI PUTTA KRISHNA REDDY, SC [OPUC] 12.Two CD Copies Hyderabad [OUT] Hyderabad [OUT] BIV HIGH COURT DATED:1410212025 CC TODAY ORDER WP.No.4333 of 2025 Y 'f, o I -rH E STA C,^ 1 g FrB 20?5 * D csz i.]Hil L) +i DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1' 7D