High Court · 2025

Petition undgr Artigle 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court Fay be pleased to issue a Wiit, Order of Direction, more particularly one in the npture of .Writ Mandamus, declaring the action of the Respondents in trying to further widening the Road of the Petitioners Shop/Mulgi Door No.1-6-228, admeasur:ing 21 66 Sg Yards situated within the following bouhdaries North Main Road, South Coppound of South Cential Rallway, Easit 1:6-Z29 S. Kaushalya, West shop of others which a purchased under Registered Sale Deed Document No. 3375 0' 22.D7' Dl I !i, ogto4l2ooT under the guise of road widening or for any other purpose is illegal and arbitrary action and consequently issue a direction directing the Respondents-not to cause or any damage to the Petitioners Shop/Mulgi Door No' 16-2.28, admeasuring 2t.66 Sq YarOs situated within the following boundarjes North lt/lain Road, Sout6. Compound of South Central Railway' East 1-6-229 S Kaushalya, west shop 9f othe!-s which a purchased under Registered sale Deed Document No.3375 ot20.07, Dt 09-04-2007 lA NO: 1 OF 25 stated in Petition under section 151 CPC praying that ih the circu msta nces the affiijavit filed in support of the writ petrtion, the High Court may be pleased to issue a direction, directing the Respondents herein not to cause any loss or damase to thq Petitioner Building Dpor No,110-228, admeasuring ?1 66 Sq Yards situatJd within the following bQundqries Ngrth: Main Boad, South, Compound of South Central Railway, Eaqt: 1-6-229 S. Kaushalya, West: shop of others which a purchased under Registered Sale peqd DgQument No, 3375 qf 20-07, Dt: 09-04- 2007 pending disposal of the Writ Petition in the interest of justice . Counsel for the Petitionqr; SBl. BANKATLAL MANDHANI Counse! for the Respondent Nos.1&7: GP FgR ROAQS BUILDINGS Counse! for the RqsponCent No.2r qR! PASHAM !!4Ol-,!T SC FgR GWMC Counsel for thg RpsPondent No.3: .E--Rl MfRZA SAIIULL+H BAIG SC FOR KUDA Counsel for the Rgspondent Nos.4&5: SRI N. CHANDRA SEKHAR SC FOR TGRTC Counsrl for the Respon{qnt t!0.6; SRI MADISHETTY RAMY SC POR NHAI The Court made the follqwingi ORQER HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.8792 of 2025 ORDER: Heard learned counsel for the petitioner and Sri.Pasham Mohit, learned standing counsel for GWMC appearing for respondent No.2. With their consent this writ petition is taken up for disposal at the stage of admission itself

2. This writ petition is filed seeking the following prayer:- "to declare the action of the Respondents in trying to further widening the Road of the Petitioners Shop/Mulgi Door No.1-6- 228, admeasuring 21.66 Sq.Ynrds, situated within tlrc follotoing boundaries North Main Road, South Compound of South Central Railutay, East 1-6-229 S.Kaushalya, West shop of others which a purclmsed under Registered Sale Deed Document No.3375 of 2007 Dt 09/042007 under the guise of road widening or for any other purpose is illegal and arbitrary action and consequently issue a direction directing the Respondents not to cause or any damage to the Petitioners Shop/Mulgi Door No.1-6-228, admeasuring 27.66 Sq.Yards, situated within the follotuing boundaries North Main Road, South Compound of South Centrsl Railway, East 1-6-229 S.Kaushalya, West shop of others uhich a purchased under Registered Sale Deed Document No.3375 of 2007 Dt 09/04/2007."

3. Brief facts in this writ petition are that the petitioner's claims to be the owner and possessor of Shop/Mulgi Door No.1-6-228, admeasuring 21.66 Sq.Yards, situated within the following boundaries North: Main Road, South: Compound of South I ., Central Railway, East:1.-6-229 S.Kaushalya, West: shop of others, having acquired the same through registered document. Earlier, when the respondent No.2 tried to demolish the subject property, the petitioner filed W.P.No.74213 of 2018 and this Court z,ide interim order dated 24.04.2018 restrained the respondent authority tn interfering with the subject ProPerty. Thereafter, the petitioner was in peaceful possession of the subject proPerty.

4. Learned counsel for the petitioner submits that on 70.02.2025, news was published in Sakshi Daily Paper (Telugu), rvherein the local MLA stated that the respondent authorities are taking steps to widen the kazipet main road and the Municipal Authorities would also give notice to the business shops and others in that locality. Further case of the petitioner is that if the said road widening work takes place, the petitioners' property might be demolished and the respondent authorities without issuing any notice to the petitioner and without following due procedure conternplated under law are proposing the said work. Aggrieved by the same, this writ petition is filed

5. Learned counsel for the petitioner submits that there is no need for further widening of road and further submits that the petitioner along with the other locality people had approached respondent authority and stated ttre same, ho-qevef there was no response from the respondents 3

6. Leamed Standing counsel appearing for respondent No.2 on instructions submits that the respondent authorities, as on date, have not contemplated to acquire the petitioner property and would further submits that if the petitioner's property is required as per the master plan, the respondent authorities would follow due process of law before initiating action on the subject property

7. At this stage, learned counsel for the petitioners pray this Court to direct the respondent authorities to follow due process of law, before initiating any action in the matter.

8. Recording the submissions made by the learned counsel appearing on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of directing the respondent authorities to follow due process as contemplated under law before initiating action on the subject property. I To,

9. Accordingly, with the above directions this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs //TRUE COPY// -L. S ASSI SECTION gSTRAR 6ptrcea 1 2 3 4 The Prl. Secretary, (R and B Dept ) Dr' B R' Ambedkar Secretariat Buildings' Saifabad, HYderabad' The Commissioner, Greater Warangal Municipal Corporation' lVarangal' (GWMC) The Commissionerl(ice- Chairman.Kakatiya Urban Development Authority ir ir ]olii), $i -u a-g ai, H a n u m a xon d a D i st ri ct' I[:,H'3X'-'il,i::lHXS?:*?:8":t3:l??:iui:'1].?,[J "*JJff;". / I E. I Wararigal.

5. The Depot Manaoer Telgngana State Road Transport Corporation nanumaKonda. Hanumakonda District (T. G. R. T. c. ). l-ta n'umak ono5, A; ";; i;;A ifi i;;& " r'r'/i r\vH rrs

6. The Nationat Hiohwav Authority, (N.H A.l ) Rep. its project Director, , IP.}:EyI1e_ ll9ineer tR and€), Circuit Guesr House Road, B One CC to SRT BANKATLAL MANDHANT Advocate tOpUCl 9 One CC to SRt PASHAM MOHIT SC FOR GWMC IOPUC] l9 9n" CC to SRtM|RZA SAFTULLAH BA|G SC FOR'KUDA jOeUCl 'l1.One CC to SRt N CHANDRA SEKHAR SC FOR TGRTC lbeuCi 12.One CC to SRt MADtsHETTy nnlav scio[rlrrRr topucl 13. Two 09S to GP FQR ROADS BU|LDINGS ,High Courr for the State of Telangana. [OUT] t*o CD Copies ^*Jo BS HIGH COURT DATED:28103t2025 \ ORDER WP.No.8792 of 2025 oF 1HE sr4 14. 1 3" 20 fiqY ?oz5 * oe.Sn4lgreti o ($( CIr/ -\ DISPOSING THE WRIT PETITION WITHOUT COSTS ./7 1s 4/5 /z<