✦ High Court of India · 03 Mar 2025

High Court · 2025

Case Details High Court of India · 03 Mar 2025
Court
High Court of India
Decided
03 Mar 2025
Bench
Not available
Length
1,015 words

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 pleased to issue a writ, order or direction mord particularly one in the nature of wRlr oF MANDAMUS declaring the action of the respondents particularly respondent Nos.2 to 4in interfering with the peaceful possession and enjoyment of petitioner's house It/unicipal bearing no. 1-641 13and14l3-Al 1 admeasuring 200 Sq Yards situated at Gattala Begumpet, Serilingampally lVlandal, under GHMC Chandanagar Circle, Ranga Reddy District and trying to dispossess is illegal, arbitrary, abuse of power and violation of principles of Natural Justice, apart from violation of Articles 21and 300-4 of constitution of lndia and consequenfly direct the respondents not to interfere and not to disposes the petitioner from house bearing no. 1-6411 3and 1413-N1 admeasuring 200 sq yards situated at Gattala Begumpet, Serilingampally Mandal, under GHMC Chandanagar Circle, Ranga Reddy District. 7 tA 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 respondents nol to interfere and not to disposes the petitioner from house bearing no. 1-641138614t3-Al1 admeasuring 200 sq Yards situated at Gattala Begumpet, Serilingampally Mandal, under GHMC Chandanagar Circle, Ranga Reddy District, pending disposal of the Writ Petition. Counsel Counsel Cou nse I Cou nsel for the for the for the for the Petitioner: SRI RAMAVARAM CHANDRASHEKAR REDDY Respondent No.1: GP FOR MCPL ADMN & URBAN DEV Respondent No.2: GP FOR REVENUE Respondent No.3: SRI KOWTURU PAVAN KUMAR, SC FOR HYDRAA Counsel for the Respondent No.4: SRI G.MADHUSUDHAN REDDY, SC FOR GHMC The Court made the following: ORDER ,7 I I I I I I HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION N0.6495 of 2025 ORDER: Heard Sri R. Chandra Shekar Reddy, learned counsel for the petitioner and Sri Kowturu pavan Kumar, learned standing counsel appearing for respondent No.3, Sri G. Madhusudhan Reddy, learned standing counsel appearing for Greater Hyderabad Municipal Corporation. pemsed the record.

2. Petitioner is claiming that she is the absolute owner and possessor of House bearing Municipal No.1- 64/13&14/3-A/1, (P|IN No.1219986501), at Gramakantam, admeasuring 20O.OO Square yards or equivalent to 167.225 Square meters, having built up area of 480 Square Feet (A.C.C.), situated at "Guttala Begumpet Village", Serilingampally Mandal, under G.H.M.C Chandanagar Circle, Ranga Reddy District, on the strength of gift settlement deed bearing document No.567O of 2024 dated 1a.O3.2O24. She is in possession of the said propert5r. Even then, respondent Nos.3 and 4 xe l. KL,J w.P.No.6495 of2025 2 interfering v,.ith the subject property and trying to demolish the same without following due procedure laid down under the law. Challenging the said action of respondent Nos.3 and 4, petitioner {iled the present writ petition.

3. Whereas, Sri Kowturu Pavan Kumar, learned standing counsel appearing for respondent No.3 on itrstructions would submit that the subject property is in the Sunnam Cherulrr Tank. Therefore, 3.d respondent being Chairman of Lake Protection Committee, is conducting survey with the help of rt--venue officials. Thereafter, 3.d respondent will take action ag:rinst the petitioner strictly in accordance with the procedure laid down under law on completion of survey.

4. Perusa.l of the Gift Settlement Deed would reveal that the subject property is in Gramakantam. It is not in dispute that the Commissioner of HYDRAA is Chairman of Lake Protection Committee. In Gattala Begumpet there is a tank called Sunnam Cheruvu. Therefore, it is the duty of the Commissioner, HYDRAA being the Chairman of Lake 7 To \ KT,J w_P.No_6:195 0f 2025 3 Protection Committee to protect the said lake by taking all necessary steps.

5. In the light of the said discussion, this writ petition is disposed of directing 3.a respondent to conduct survey, earmark the FTL of the said Sunnam Cheruvu strictly in accordance with law and thereafter take action, if any, against the petitioner strictly in accordance with law.

6. With the aforesaid directions, this writ petition 1S disposed of. There shall be no order as to costs.

7. As a sequel, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPY// SD/-A.V.S.PRASAD ISTANT REGISTRAR A \ ECTION OFFICER / 2 3 1 The Principal Se_crgtary, Municipal Adminishation and Urban Development Department, Dr B R Ambedkar Telangana, Secretariat, Hyderabad, State of Telangana. The District Collector, Ranga Reddy, Ranga Reddy District. T.S. The Commissioner, Hyderabad Disaster Respons6 and Asset protection Agency (HYDRAA), O/o. Municipal Administrition and Urban Development Department, Secretariat, BR Ambedkar Bhavan, Hyderabad, TS. The Municipql Commissioner, Serilingampally, Serilingampally tVunicipality, Rangareddy District, T.S. One CC to SRI RAMAVARAM CHANDRASHEKAR REDDY, Advocate loPUCl Two CCs to GP FOR TUCPL ADMN & URBAN DEV, High Court for the State of Telangana, at Hyderabad. [OUT] Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] One CC to SRI KOWTURU PAVAN KUMAR, SC FOR HYDRAA tOpUCl One CC to SRI G.MADHUSUDHAN REDDY, SC FOR GHMC IOPUCI Two CD Copies 4 5 f) 7 B. 9. 10 PSK. GJP s -l r.l tR o,( In s I4 ( I I | 18 t4nn ZW t .)t\s TCH EO t (( a HIGH COURT DATED:03103,t2025 ORDER WP.No.6495 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS @o?' W

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