✦ High Court of India · 04 Sep 2025

High Court · 2025

Case Details High Court of India · 04 Sep 2025
Court
High Court of India
Decided
04 Sep 2025
Length
1,255 words

6. Smt.Saroj Sankla, Wo [Vlanikchand Sankla, aged about 58 years, Occ Housewife, C/o. Sri Nandkishore Gahloth, R/o H.No.23-6-855/8, Shah Ali Banda, Hyderabad.

7. Sri Nandkishore Gahloth, S/o. Late Bansilal Gahloth, aged about 49 years, Occ Business, Fl/o.H.No.23-6-855/8, Shah Ali Banda, Hyderabad. B. Smt.Kasturi Mehra, W/o Shamraj Mehra, aged about 60 years, Occ Housewife, Ri/o. H.No.23-6-855/D, Shah Ali Banda, Hyderabad.

9. Mr.Y.Nagraj, S/o. Venkatesham, aged about 34 years, Occ Business, Fl/o.H.No.23-6-854/A, Shah Ali Banda, Hyderabad.

10. N/r.G.Veeresh, S/o Late Laxmaiah, aged about 40 years, Occ Business, Rl/o.H.No.23-6-965/4/5, Shah Ali Banda, Hyderabad. ...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 --- I I i pleased to issue appropriate writ, order or direction more pa..ticularly one in the nature of mandamus directing the respondents no.1 to 4 to remove the illegal and unauthorized constructions raised by the respondents no.6 and 7 put together and respondents nho.8 to 10 on the road existing in TS No.39 and marked as 39/A., 39/8, 39/C and 39/D to the extent of 56Lr sq.mts., 20 sq.mts., 6 sq.mts., and 10 sq.mts., respectively as shown in the location sketch map issued by Asst, Public Relations Officer, O/o.the Dy. Director, Sun,ey and Land Records, Hyderabad district by directing respondents no.1 to 3 to cancel thepermission issued in favour of 8th respondent in the file no.6.1 046/31/08 bearing permit no.18575/DC/SZlCir-412012 issued on 31-12-2012 to the extent of the area covered by encroachment on the road to an extent of 20 sq.mts marked as 39/B in the location sketch map issued by Asst.Public Relations Officer, Oio.the Dy. Director, Survey and Land records, Hyderabad district, in the interest of justice. l.A. NO: 1 OF 2013( WPMP. NO:13605 OF 2013) 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 lo grant temporary injunction restraining the Bth respondent herein, her men, agents, attorneys, assigns and all persons claiming under her from raising any further construclions being canied on in portion of H. No.23-6-855/D, Shah Ali Banda, Ram BAgh Devdi (Ram Baksh Banda), Hyderabad on the encroached extent of 20 sq.mr:ters, marked as 39/B in the location sketch map issued by Asst. Public Relations Officer, O/o.the Dy.Director, Survey & Land records, Hyderabad district, pending disposal of the above writ petition in the interest of .justice l.A. No : 2 oF 20 1 3('{EI4P-. x-o :_1-39Q€_qE20 1 3) Petition under Section 151 CPC praying that in the circumstances slated in the affidavit filed in support of the petition, the High Court nray be pleased to suspend the operation of the construction permission by the 2nd respondent in file no.61046/31/08 bearing permit no.18575/DC/SZlCt-4t2012 issued on 31-12-2012 granted in favour of the 8th respondent, in respect of portion of H. No.23-6-855/D, Slrah Ali Banda, Ram Bagh Devdi (Ram Baksh Banda), Hyderabad, to the extent of the area covered by encroachment on the road to an extent of 20 sq.mts. marked as 39/B in the location sketch map issued by Asst.Public Relations Officer, O/o.the Dy.Director, Survey & Land records, Hyderabad district, pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner: SRI RUPENDRI\ MAHENDERA Counsel for the Respondent No.1: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent No.2 to 4: SRI RAPARTHI VENKATESH, SC FOR GHMC Counsel forthe Respondent No.5: GP FOR REVENUE Counsel for the Respondent No.6: SRI BAJRANG SINGH THAKUR Counsel for the Respondent No.7: SRI M.N.RAO Counsel for the Respondent No.8: M/s. S.R.LAW ASSOCIATES Counsel for the Respondent No.10: SRI M.A.MUJEEB The Court made the following: ORDER I I ,1 THE HON']3LE SRI JUSTICE SUDDALA CHALAPA'THI RAO WRIT PETITION No,1 0995 of2013 ORDER: This Writ F'etit ion is filcd seeking the lollowing relit l' "...to isslre appropriate writ, order or direction more particularly onc in the nature ol mandamus dirccting the respondr:nts no. 1 to 4 to remove the illegzrl and unauthorizecl constructions raised by the respondents no. (r ancl 7 put logether and respondents no. 8 to 10 on thc road cxisting in Ts.No.39 and marked as 39/A 39 lB,39/C and 39/D to the extent of 56 sq.mts., 20 sq.mts., 6 sq.mts., and 10 sq.mts., respectively as shou'n in the location sketch map issued by Asst. Public Rr:[ations Oficer, O/o. the Deputy Director Survel.' a nd Land Records, Ilyderabad distnct by dirccting respondcnts No.l to 3 to cancc'l thc permission issued in lavour of 8th respondcnt in Lhe llle No.6I0a6l31/08 bearing permit No. 18575 /DClSZlCir-4l2012 issued on 31.12.2O12 tr> the cxtent ol' thc area covered by encroachment on the road to an extcnt of 20 sq.mts., marked as 39/B in thc locertion skctch map issued by Asst. Public Relirtions Officcr, ()/o. the Deputy Director Survey and Land rccor<ls, tl1'clcrabad district in the intcrest oljustice..."

2. Heard learned counsel for the petitioner ancl Sri Rapartl'ri Venkatesh, learned Standing Cc.runsel appearing for respondent Nos.2 to 4.

3. When the matter is taken up for hearing, learned counsel lor the petitioner subnritted that challenging the survey conducted by the Olfice ol the Dcputv Director, Survey and Land Records, Hydcrabad, the respondent. No.(i hzrs filed a suit vidc O.S.No.882 ol 2OO8 on rhc file of VI Senior Civil Judge, City Small Causes Court, Hyderabad, and the same \\,as allor.r'ed; that assailing the same, the petitioner haci filed an appeal before lhis Court in C-C.C.A.No.239 ol 2018. lr'hich was dismissed in the year 2024, i.e., pending the rvrit petition; and that in view of the dismissal ol C.C.C.A.No.239 of 20 18, the causc ol action in the present writ petition no longer survivcs.

4. In view of the above submission, writ petition is dismissed. However, the petitioner is at liberty to avail alternativc remedies as available under law. There shall be no order as to cosls. As a sequel, miscellaneous applications pcnding, il any, in this Writ Petition, shall stand closed. ,TRUE COPY// . P.PONNA KRISHNA I SISTANT REGISTRAR SECTION OFFICER 1 One CC to SRI RUPENDRA MAHENDERA' Advo e [oPUC] 2. One CC to SRI BAJRANG SINGH THAKUR' Advocate IOPUC] 3. One CC to M/s. S R LAW ASSOCIATES' Advocate [OPUC] 4. One CC to SRI RAPARTHI VENKATESH' SC FOR GHrvlC IOPUCI 5. One CC to SRI M'A'MUJEEB' Advocate [OPUCI 6. One CC to SRI M'N RAO' Advocate [OPUC] , IUi"Ti:i,""r:If5tr:!,:'I$t63fl* 8 Two CCs to GP FoR REVENUE, High Court for the State of Telangana at & ,RBAN DEV' Hiqh court ror the HYderabad [OUTI Il./ To,

9. Two CD CoPies BSR ry. I HIGH COURT' DATED: 0410912025 ,l ORDER WP.No.10995 of 2013 .q TL F oFTE .s $\ {-i /H+ + DISMISSING THE WRIT PET]TION, WITHOUT COSTS I b)i^ \c $

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