The High Court · 2025

*?S|t*o ="r. Petition under Article 226 of the Constitution of India 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 preferably a Writ in the nature of Writ of lt/andamus by declaring the action on the part of the Respondents No-6 as illegal and arbitrary and further direct the Respondent No 7. -to take necessary action on TSSPDCL Department, Tandur, Vikarabad, for attempting to raise huge illegal new constructions by violating all rules and regulations without obtaining any permission from the concerned authority by utilizing public funds at large and initiate demolition process in respect of illegal constructions done in my possessed land in Survey No.52, Tandur, Vikarabad District, by TSSPDCL Department, Tandur, Vikarabad, by taking into consideration of petitioner representation daled 17 101 12024 { lA NO: 1 OF 2024 petition under Section 1 51 cPC praying that in the c i : umstances stateij in the affidavit filed irr support of the petition, the High court rri,ry be oleased to. stay further new illegal constructions being raised by the Respondent No.6, TSSNPDCL Department, Tandur Pending disposal of the w'i petition Counsel for the Petitioner: SRI H. SUDHAKARA RAO Counsel for Respondent Nos. 1 to 4 & 6: SRI N. SREEDHI,II REDDy, SC FOR TSSI) )CL Counsel for Respondent No. 5: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT The Court made the following: ORDER I t THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.5722 of 2024 ORDER: Heard learned counsel for the petitioner and Sri N. Srecdhar Reddy, learned Standing Counsel lor thc appearing lor the respondents, and perused the record.

2. This Writ Petition, under Article 226 of thc Constitution ol India, is hlcd seeking the following relief "..,.Io rs-sue att appropiole uiL order or direction preferablg a Wnt ot tlrc tLolure of Wit of Mandamus bg declanng the ctction on the pert oJ tltc Respondenls No.7 as ilLegal arrd arbitrary and further dtrecl tl€. Respondent No.6 to toke rLecessary octton on TSSPDCL Deperlnl"nt 'farrdur, Vikarctbad for attempting to raise huge illegal neLL' constructiotLs bg uiolating o rules and regulations without obtatning et4J pentus\tot: from the concerned authoitg bg utilizing public funds c1t lctrge ond initiate demolilion process in respect of illegat constructions done in m!,/ po-sse.ssed land in Surueg No.52, Tandur, Vikarabad Distnd bU ISSPDC, DepartrLent, Tandur, Vtkarabo.d bA taking {nto consicleretiotL of mA representat[on dated 17/ 01/ 2024 ..."

3. Brief facts of the case are that originally Mir Mchdi Ali Khan was the owner and possessor of lhe land admeasuring Ac.13-23 Gts, in Surwey No.52 at Tandur. After his death, the said lands were devolved on his legal heirs. As there are disputes with olher neighbors in respect of the above said suit schedule property, slrrvey was conducted and it was lound that TSSPDCL Departmcnt illegally occupied part of land in surwey No.52 belonging to LR's of Mir Mehdi Ali Khan and illegally constructed an Electric Sub ') --'--'1 ) Station, as srrch the pctitioner filed a suit vide OS. '.io. i02 of 2079 on the file cf Ilon'ble XII Addl. District Judge, tit.R Disrrict, at Vikarab:rd frrr Dcclaration of Title, Recovery rf possession, Mandatorv lnjr-rnction and Perpctual Injunctior against the TSSPDCL Departmcnt and others in respect of thc .rnds belonging to LR's of Mir Mchdi Ali Khan, and the same is pe t:[ing. When the TSNPDCL Tandur madc attempts to trespass into ,,acant lands to makc illcgal c)nstructions, the petitioner filed I.A.No,.13, l4 and i5 of 2022 in O S.No. lO2 of 2O19, secking to TSSPI)(IL tc, restrain from intcrferitrg rnto lhe vacant land possession, ar rI the said Lhree IAs u,ere disptsecl of leaving it open to the petitiot- r - to report the unauthorizcd constructions, il any. Aggrieved by t re said orders the petitioner prcferred a Civil Miscellaneous A1,1:eal vide CMA No.398 ol 201,.3, before Division Bcnch of this CoL 1 . and the said casc !\ras disnrisscd. The grievance of the petitionc r is that taking advantagc of lhc sub-staLion constructed illegally, I Ire resltondents arc altenrptinil to trespass into the southern side rl the intcrnal road and also attempting to make new constrL,::tions; during pendency of ttre civil suit. I I is furthcr submitted thrL . lhe TSSPDCL Departmcnt w thout obtainin€l any permissions, arc :r.oceecling with illegal construr:tions by misusing lhe General public I uncls at large. Aggrieved by the same, this writ petition is filed. ..1

4. A counter aflldavit has been lilcd by respondcnt Nos.4 and 6 stating that thc pcritioner hled a suit vide O.S.No.102 of 20 l9 on the lile of Hon'ble XII Addl. District Judge, R.R District, ert Vikarabad, along with I.A.Nos.13, 14 and 15 ol 2022 seeking t<.r restrain the responder-rts from interfering into the vacant lands under his possession

5. In view o[ thc above, [his writ petition is closed grantrng liberty to the pctilioner to pursue his remedies in the pending suit bcforc the Civil Court. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed SD/. C. DEEPIKA A ISTANT REGIS //TRUE COPY// SECTION OFFICER To, 1 2

3. 4. IVBC One CC to Sri H Sudhakara Rao Advocate IOPUC] Two CCs to GP for Municipal Administration & Urban Court for the State of Telangana. [OUT] One CC to Sri N. Sreedhar Reddy, SC for TSSPDCL, Advocate (OPUC) Two CD Copies evelopment, H ig h I l"{tcH couRr} DATED: 2110812025 - --.- .::-_-.- ^-t ) 025 \.-.,.\-:'\. .). ,li ), ORDER WP.No.5722 ol 2024 CLOSING THE VVRIT PETITION WITI.{OUT COSTS ,{ \o\