Malkedi Venkat Kishan Ji v. 1. The State of reranqana

Petitioner: SRI RAPOLU BHASKAR Respondent Nos.1,2 & 4: SRI K.MAHESH, AGP FOR MCPL ADMN & URBAN DEV Counse I for the Respondent No.3: M/s. TEKURU SWETCHA, AGP FOR REVENUE Counse I for the Respondent No.S: SRI PUTTA KRISHNA REDDY, SC FOR Counsel for the Respondent Nos.6 & 7: -- The Court made the following: ORDER MPCL I HON'BLE SRI JUSTICE K. LAKSHMAN UIRIT PETITION No.5327 of 2o25 ORDER: Heard Sri Rapolu Bhaskar, learned counsel for the petitioner, Sri K. Mahesh, learned Assistant Government Pleader for Municipal Administration appearing for respondent Nos. 1, 2 and 4, Ms. Tekuru Swetcha, learned Assistant Government Pleader for Revenue appearing for respondent No.3, Sri Putta Krishna Reddy, iearned Standing Counsel appearing for respondent No.5 Perused the record

2. The petitioner herein is claiming that he is absolute owner and possessor of land admeasuring to an extent of 4cs.1.22 Guntas in Survey No.3l/AA/1/2 and Acs.l.27 Guntas in Survey No.31 /A 1/ I, making a total admeasuring Acs.3.OO Guntas, situated at Amangal Village and Mandal, Raaga Reddy District, on the strength of a registered sale deed bearing document No.52 of 2023 dated 19.01.2023. In proof of the same, I 2 KI.J W. P No.5327 of2025 he has filed copies of sale deed and latest pattadar pass book-cum-title deed.

3. According to the petitioner, respondent Nos.6 and 7 are doing real-estate business under the name and style 'M/s. Fortune Property Developers' and 'M/s. Fortune Estate Developers'. They purchased the agricultural land to an extent of Acs.3O.00 Guntas adjacent to the land of the petitioner and obtained layout permission vide Permit No.54/2OlSlH. In the said layout, respondent Nos.6 and 7 had shown the land of the petitioner as 'park place and are trying to encroach upon the subject property' Therefore, the petitioner gave representations dated

26.O9.2O2O4, 04.O9.2023 and 09.O1.2025 to respondent Nos.2 to 5 to cancel the layout. Respondent Nos-4 and 5 came to the suit and conducted enquiry and came to know that respondent Nos.6 and 7 obtained the layout permission illegally by showing the land of the petitioner as park place in Survey No.31/AAl1/2 and 3llAI/1. After conducting survey, a report was submitted to 3 XL.J W P No 5127 of202t respondent Nos.4 and 5 to the effect that the subject property is not part and parcel of layout of respondent Nos.6 and 7. Accordingly, a show-cause notice was issued to respondent Nos.6 and 7 and thereafter did not take any action. Then, respondent Nos.6 and 7 are interfering with the peaceful possession and enjoyment of the petitioner in collusion with police officials. Therefore, he constrained to file a writ petition uide W.P. No.36818 of 2024, wherein police authorities were directed nol to interfere into civil disputes.

4. On O2.O1.2025, 05.01.2025 arrd Oa.Ol.2025, respondent Nos.4 and 5 came to the subject property and tried to dispossess the petitioner. Then, he filed a writ petition uideW.P. No.1334 of 2025, and the sarne was disposed of on 22.01.2025 diecting respondent Nos.4 and 5 not to interfere with the possession of the petitioner over the subject property without following due procedure laid down under law and also not to interfere I l i i f 4 KI.J w'P.No 532? of2025 with inter se disputes between the petitioner and respondent No.6 therein in respect of subject property.

5. The petitioner has submitted F-Line/Online application, dated 17.08.2023, with Assistant Director, Survey and Land Records, Rangareddy District with a request to conduct survey, Iix the boundaries by earmarking the said property by considering the sald F- Line Application. The sarne was not considered. Therefore, he filed a writ petition uide W.P.No.24253 of

2024. Vide order dated 03.09.2024, this Court disposed of the said writ petition directing the Assistant Director, Survey and Land Recor{s, Rangareddy District, to consider F-Line Application dated 17.08.2024, conduct survey and fix the boundaries by earmarking the said propert5r strictly in accordance with law within 45 days from the date of receipt of copy of the said order. According to the petitioner, thereafter, he also submitted arr application under Appeals on demarcation. The same was nh considered. Therefore, he has filed another writ ) KI..J petition uide W.P. No.2536 of 2025. Vide order dated 3O.O1.2o25, this Court disposed of the said writ petition directing the Assistant Director, Survey and Lald Records to examine the petitioner's application for i appeals on demarcation dated 05.O3,2024 for conducting survey and demarcation by frxing boundar5r stones to the petitioners land in accordance with law within 08 weeks from the date of receipt of copy of the said order.

6. Whereas, Ms. Tekuru Swetcha, learned Assistant Government Pleader for Revenue, on instructions, would submit that the residents of Butterfly Fortune City Colony have frled a writ petition uide W.P. No.33762 of 2024, alleglng illegal interference of respondent No.S into the park land at the instance of the petitioner. The said writ petition is also pending.

7. While the matter stood thus, the petitioner herein has submitted a representation dated 09.01 .2025 to a. respondent No.4 alleging that respondent Nos-6 and 7 have obtained layout uide TLP No.146l2018/H, dated I I l 6 XI,J \\'.P.No 5327of2025

28.72.2OLA by way of misrepresentation of facts. Therefore, the petitioner has submitted representation dated 09.01.2025 to respondent No.4 with a request to cancel the said layout. Despite receiving and acknowledging the said representation, respondent No.4 did not act upon the same. Aggrieved by the said inaction of respondent No.4, the petitioner filed the present writ petition.

8. Whereas, learned Assistant Government Pleader appearing for Municipal Administration, on instructions, would submit that respondent No.4 will consider the said representation dated 09.O1.2025 and dispose of it strictly in accordance with the procedure laid down under law by putting the petitioner and respondent Nos.6 and 7 on notice and affording them an opportunity.

9. In the light of the said submission, notice to respondent Nos.6 and 7 is dispensed with.

10. In view of the foregoing discussion, this writ petition is disposed of directing respondent No.4 to consider the / 7 KI.J W.P No.5327 of2025 representation dated Og.Ol-2025 submitted by the petitioner and pass orders strictly in accordance with law by putting the petitioner and respondent Nos'6 and 7 on notice and affording them an opportunity of hearing' Respondent No.4 shall consider only alleged misrepresentation of facts by respondent Nos'6 and 7 while obtaining the aforesaid layout' However, it is made clear that respondent No.4 is directed not to consider or adjudicate the inter se disputes between the petitioner and respondent Nos.6 and' 7. He shall complete the entire exercise within (O8) weeks from ttre date of receipt of copy of this order. He shall also consider the orders passed by this Court in the aforesaid writ petitions' In the circumstances of the case, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any' pending in the writ petition sha1l stand closed' //TRUE COPYII SD/- K.S ASSI R EERAMA MURTHY TANT REGISTRAR \ To (MAUD), Secretariit-Buirdiil,t;#i,?iai,.nyoeraoao, The Principar secretary. r\,4unicipar A_dministration and Urban DeveroDment ?S,:fl[:;"j, state of The C"ommissioner. Municioal Administration and Urban Development ?;33iff# 6Yfl'"8| l* ls"ilsi#:fi :ft?.*; ; ;.;, ., 2 3 SECTION OFFICER Y \ District, Telangana.

4. The Director, Directorate of Town and Country planning, Ranga Reddy 5. The Commissioner, I\/unicipality, Amangal, Ranga Reddy District. 6. One CC to SRt RAPOLU BHASKAR, Advocate [OeUCl 7, Two CCs to GP FOR MCPL ADIVN & URBAN oEv, High Court for the State ^ ofTelangana, at Hyderabad. tOUTI B. Two CCs to GP FOR REVENUE, High Court for the State of Tetangana, at 9. One CC to SRI PUTTA KRTSHNA REDDY, SC FOR MPCL [OPUC] 10.Two CD Copies Hyderabad. [OUT] PSK..- GJP Y*- ----.......E==Ea- HIGH COURT DATED:21 10212025 ORDER WP.No.5327 ot 2025 I I ( o 1 6i S I41( 1 B r,tAh 2025 I oFsptrqH gg t DISPOSING OF THE WRIT PETITION WITHOUT COSTS \-t .os'L F-"