T Ramesh v. Administration Development

'1 . The State of Telangana, Rep by its Principal Secretary, Municipal 2. largi Municipality,, Rep By its Commissioner, Pargi, Viakarabad Dist. 3. The Sub- Registrar, Pargi, Vikarabad Dist. 4. Sri Ande Jangaiah, S/o Ande Pailaiah aged 36 years, occ business, Rl/o H.No. 5-169, Farooqnagar, Ranga Reddy District T S 509216 ...RESpoNDENrs Petition under Article 226 ot 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 inaction of the Official Respondents in non considering the representations of the petitioner dated 06.02.2025 to take the necessary action against the illegal development of Layout and constructing compound wall by the Respondent No 4 in lands to an extant of Ac 2.00 gts in Sy.No 99/AA situated at Nazeerabad Village Pargi Mandal, Vikarabad District S.No without obtaining any valid lay-out permission during the pendency of civil suit in 0 S No 341/2-22 before the Hon'ble Junior Civil Court, Pargi is illegal arbitrary unconstitutional and violation of Articles 14. 15,21 and 3004 of Constitution of lndia and also violation of Principles of Natural Justice and consequently direct the Official Respondents to consider the representations of the Petitioner dated 06.02.2025 take the necessary action to stop such illegal development of layout and constructing compound wall by the Respondent No 4 in the above said land 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 Official Respondents to stop the illegal developing of Lay-out and constructing compound wall by Respondent No 4 without obtaining any valid lay-out permission in the lands to an extant of Ac 2.00 gts in Sy.No 99/AA situated at Nazeerabad Village, Pargi Mandal, Vikarabad District pending the Writ petition lA NO: 2 OF 2025 Petition under Section 15'l 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 3rd Respondent not to register the plots in the illegally developed Lay-out and constructing compound wall by Respondent No 4 without obtaining any valid lay- out permission in the lands to an extant of Ac 2.00 gts in Sy.No 99/AA situated at Nazeerabad Village, Pargi Mandal, Vikarabad District pending the Writ getition Counsel for the Petitioner: SRI N. PURUSHOTHAM REDDY Counsel for Respondent No. 1: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for Respondent No. 2: SRI PUTTA KRISHNA REDDY, SC FOR PARGI MUNICIPALITY Counsel for Respondent No. 3: GP FOR REVENUE Counsel for Respondent No. 4: -- The Court made the following: ORDER /" TIIE HON'BLE SRI JUS-T'ICE K. LAKSHMAN WRIT PETITION No. 4584 of 2025 ORDER Heard learned counsel for petitioner and Sri Putta Krishna Reddy, learned Standing Counsel appearing fbr 2nd respondent.

2. Petitioner is claiming that he is the absolute owner anct possessor of land admeasuring Acs.2.00 guntas in Survey No.99/AA situated at Nazeerabad Village, Pargi Mandal, Vikarabad District. He is also claiming that his mother and brother are the absolute owners and possessors of ten more acres of land in the very same Survey Number. They had filed a suit vide O.S.No.34l of 2022 against one Ananthamrna, W/o Chandraiah, seeking declaration of title and recovery of possession in respect of aforesaid Acs.2.00 of land in Survey No.99lAA. The said civil suit is pending and there are no interim orders passed in their favour. During pendency of the said civil suit, the said Ananthamma has sold the said property in favour of 4'h respondent. Without obtaining any valid layout and permission from 2"'i respondent, 4'h respondent is I 2 \\ P \o 4584 of2o25 proceeding with developmental activities, construction including erection of a compound wall. [n proof of the same, he has filed photographs. He has submitted a representation dated 06.02.2025 to 2''d respondent with a request to take action against 4'h respondent. Despite receiving and acknowledging the said representation, 2nd respondent did not act upon the same. Aggrieved by the said inaction of 2"d respondent, petitioner has filed the present Writ Petition.

3. Learned Standing Counsel appearing for 2'd respondent, on instructions, would submit that 2"d respondent will coniider representation dated 06.02.2025 submitted by petitioner, inspect the site and if the allegations made by petitioner are found to be correct, he will take action against 4th respondent strictly in accordance with the procedure laid down under the Telangana Municipalities Act, 2019, by putting petitioner and 4'l' respondent on notice and affording them an opportunity of hearing.

4. In the light of the above, notice to 4'h respondent is dispensed with. 3 KI,, J W P.No:r5a4 of2025

5. Accordingly, this Writ petition is disposed of directing 2"d respondent to consider representation dated 06.02.2025 submitted by petitioner, inspect the site and if the allegations made by petitioner are found to be corect, he wil take action against 4'h respondent strictly in accordance with the procedure laid down under the Telangana Municipalities Act, 2019, by putting petitioner and 4,1, respondent on notice and affording them an opportunity of hearing. He shall complete the said exercise within a period of four (4) weeks from the date of receipt of a copy of this order. However, 2"d respondent is directed not to consider/adjudicate inter se disputes between petitioner and 4'h respondent with regard to subject property. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. To, 1 2 J

4. 5. b. MBC //TRUE COPYII SD/. MOHD. ASSISTANT REG MAIL TRAR SECTION FFICER The Commissioner, Pargi Municipality, Pargi, Viakarabad Dist. One CC to Sri N Purushotham Reddy Advotate tOpUCl Two CCs to GP For Municipal Admin-istration & Urban tSevelopment, High Court for the State of Telangana. [OUT] One CC to Sri Putta Krishni Redciy, SC for parigi Municipality (OPUC) Two CCs to GP For Revenue, High Court for the State of tetarigana. JOUTI Two CD Copiesv HIGH COURT DATED: 1710212025 -oB ( HE SI4 14. o^ c- ,,.), t) 25Fifl M t.7 1)^.1. ORDER WP.No.4584 of 2025 ISPOSING OF WRIT PETITION WITHOUT COSTS ) x IF