High Court · 2025

Partner Sri. Vijaya Kumar Yerram, Ol0.3171lcl| , Chakkilam Layout, Nizampet Road, KTR Colony, Road no-S, Nizampet, I\,4edchal-lrilalkajgiri District' Telangana-500090 ...RES'.NDENTS 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 a writ order or direction, particularly one in the nature of Writ of Mandamus by declaring action of Respondents 6 in granting permission for the construction of Proposed Residential Building consisting of 1 Cellar plus '1 Ground plus 5 upper floors in plot nos. Open land, situated at Survey No. 453/1 , 45312 of Bachupally Village, Bachupally Mandal, Medchal-Malkajgiri District to an extent of 1,718.08Sq.Mt. belonging to respondent no 8 as same is constructed without approach road by occupying and encroaching on the government land in Sy.no I I I 454, is arbitrary, illegal, and viotative of Articles 14, 1g(1)(S), 21 , and 300-4 of the Constitution of lndia, and violative of municipal laws. 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 respondents 1 to 7 to take possession of encroached government land as per procedure, pending disposal of the above writ petition. Counsel for the Petitioner: SRI KAMBALAPALLI SRAVAN KUMAR REDDy Counsel forthe Respondent No.1: AGp FOR MCPL ADMN & URBAN DEV Counsel for the Respondent Nos.2,4 & 5: AGp FOR REVENUE Counsel for the Respondent No.3: SMT. D.MADHAVI, SC FOR HMDA Crounsel for the Respondent No.6: SRI PUTTA KRISHNA REDDy, SC FOR Counsel for the Respondent No.7: SRI LAXMALLA SANDEEp, AGp FOR tRRl & CAD MPCL Counsel for the Respondent No.8: -- The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.678 3 0F 2025 ORAL ORDER: Heard learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development lor respondent No. 1 , learned Assistant Government Pleader for Revenue for respondent ) Nos.2, 4 and 5, Sri Putta Krishna Reddy, learned Standing Counsel for respondent No.6, Smt.D.Madhavi, learned Standing Counsel for HMDA-respondent No.3 and Sri Laxmalla Sandeep, learned Assistant Government pleader for Irrigation for respondent No.7.

2. Petitioner is a resident of Srinivas Nagar Colony, near Pochamma Temple, Bachupa_lly Mandal, within respondent No.6-Municipality. Respondent No.S is making construction by encroaching into Government land in survey Nos.454/l and 454/2 of Nizampet Village. There is a tank called Bin Cherum. The said property is in FTL. In proof of the same, he has filed proceedings dated 13.1L.2024. Therefore, the petitioner has submitted representation dated O4.O1.2025 to I I 2 respondent No.6 with a request to take action against respondent No.8. Despite receiving and acknouledging the said representation, respondent No.6 did not act upon the same. Aggrieved by the said inaction of respondent No.6, the petitioner filed the present writ petition.

3. Whereas, Sri Putta Krishna Reddy, learned Standing Counsel for respondent No.6, on instructions, would submit that respondent No.6 will consider the representation dated O4.O1.2O25 and if the allegations made by the petitioner are found to be correct, he will take action against respondgnt No.8 strictly in accordance with the procedure laid down under the Telangana Municipalities Act, 2O19 by putting the petitioner and respondent No.g on notice and affording them an opportLlrlity of hearing.

4. In the light of the said submission, notice to respondent No.S is dispensed with. This Writ petition is disposed of, directing respondent No.6 to consider the representation dated 04.01.2025 and also the report of respondent No.5 dated 13.11.2024 and take action against respondent No.g, strictly in accordance with the procedure laid dovrn under the 3 Telangana Municipalities Act, 2019 by putting the petitioner and respondent No.8 on notice and affording them an opportunity of hearing. However, he shall complete the said exercise within four (4) weeks from the date of receipt of a copy of this Order. Liberty is granted to the petitioner to submit a representation to the Commissioner, HYDRA, who is Chairman of Lake Protection Committee. On receipt of the same, the Commissioner, HYDRA shall take action, strictly in ' accordance with law. 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 shall stand closed. //rRUEcoPY// SD/-V.KAVITHA ASSISTANT REGISTRAR [\\]\'-'-------.'---".-.- \} SECTION OFFICER --7--- - Hyderabad, State of Telangana. '1 . The Special Chief Secretary, MA AND UD Department, Secretariat, 2. The District Collector, Medchal Malkajgiri District. 3. The HMDA, Hyderabad Metropolitan Development Authority, Block 'A', District Commercial Complex, Tarnaka, Hyderabad - 500007.

4. The Revenue Divisional Officer, Irledchal-tt/alkajgiri Division, IVledchal- tvlalkajgiri District.

5. The Tahsildar, Dundigal Mandal, Medchal Malkajgiri District. 6. The Commissioner, Nizampet Municipal Corporation- Grama Panchayat Office, Pragazn_ Medchal-Malkajgiri District, Telangana- 500090.

7. The Executive Engineer, lrrigation Department, Medchal-Malkajgiri District -

500082. B. One CC to SRI KAIVBALAPALLI SRAVAN KUMAR REDDY, Advocate toPUCl

9. Two CCs to GP FOR MCPL ADMN & URBAN DEV, High Court for the State of Telangana, at Hyderabad. [OUT]

10.Two CCs to GP FOR lRRl & CAD, High Court for the State of Telangana, at

11.Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] Hyderabad. [OUT]

12.One CC to SRI PUTTA KRISHNA REDDY, SC FOR MPCL [OPUC] '13.One CC to SMT. D.MADHAVI, SC FOR HMDA IOPUC] 14.Two CD Copies To Yt- PSK. GJP%_L,E HIGH COURT DATED:0610312025 ORDER WP.No.6783 of 2025 I I I HE, S T4 14: .t J 2 4 APH 2OZ5 .+ .i/ ----:.: DISPOSING OF THE WRIT PETITION WITHOUT COSTS t4 -94tu I