High Court · 2025

Sri R Durgaiah, S/o SriNarasimha, Aged 44 yeats, Occupation-Agriculture, Residing. at.. Plot No.T and 26, -Misammaguda, GuAdlapo&rampally Municipality, Hyderabad, Rangareddy District. .,.PETITIONER AND 1 Z 3 4 The State oI Telangana, repreggnted by gecrgtary [rlunicipal Adminislratiqn and Urban Development, Secretariat, Hyderabad. The Commissioner, Gundlapochampallv Municipalitv. Medchal Malkaioiri Districtftlunicipal Administrrtion and Urban Develoflrirent, Secretariail Hyderabad The District Collector, Medchal Malkajgir:i District The Tahsildar, Medohal Mandal, tt/edcfial Mat[ajgiri pistrict ...RESPONDENTS Petition under Arlicle 226 of the Qonstitutign of India praying that in the circumstances stated in the affidavit filed therewith, the High Court inay be pleased issue an appropriate Writ, order or direction more particuiarly one in fhe nature of Writ of certiqrari calling for the records relating to the impugned or{er in Notice No.226lUC/GPMtfPStMlADt2O24, da:led 1O 0i 20?S paaseq by the Respondent No.2 and Qu?sh the s?me as being illegal, unjust, perverse and violation of principles of natur4l justipe lA NO: I OF 025 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 Respondent No.2 not to take any coercive steps in demolishing the compound wall of the petitioner erected by him pending disposal of the writ petilion / Counsel for the Petitic ner: SRl. P R MANOHAR Counsel for the Res;:c ndent No'1: GP FOR MCPL ADMN URBAII DIEV Counsel for the Res'cr rrdent NO'?: SRI PUTTA KRISHNA REDDY SC FOR MC Counsel for the Resot ndent Nos'3&4: GP FOR REVENUE The Court made the fr llowing: ORDER HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITIO N No.10 407 0F 2025 . ORDER: (ORAL) This writ petition is filed by the petitioner seeking a Writ of certiorari to call for the records related to the impugned speaking order vide Notice No.226/UC/GPt\AfipStMMDt2O24 dated 10.03.2025 issued by respondent No.2 and to quash the same holding it as arbitrary and illegal.

2. The petitioner claims that he is the absolute owner and possessor of agricultural land admeasuring Acs.1-05 guntas in Survey No.592-E situated at l\rlaisammaguda, Gundlapochampally, Medchal_ Malkajgiri District, having acquired tifle over the said land by virtue of the registered gift settlement deed bearing document No.g056 of 2OO4 dated 19.05.2004 executed in his favour by.this mother, who was the original pattadar and possessor of the said property. He was also issued pattadar passbook bearing No.12536.1 and digital passbook bearing No.T06100260586 under khata No.3327.

3. lt is further stated that in order to have free ingress and egress to his land, the petitioner purchased the land to an extent of 44S sq. yards in Survey No.594 under registered sale deed bearing document No.431 of 2O1B dated ',I0.01.2018 from Sri Maddula Malla Reddy and the same does not form par!2! anV public road or Government 'l \ '\ 2 covering unr and eqre:;l; approvecr Ia, out. While so, on the allegation that the rlompound wall being co t;t r;cted by the petitioner is unauthoriserJ an,l it is blocking -lion thereby causing inconvenience for tl-,e free ingress the road 6ro :n the road meant for public use in plo. lrlos.25 and 26, er Survey Nos.5B5, 586, 587, 54g, SSr0, 591 and 592 \4isammaguda Village, respondent No.:,1 issued the der directing the petitioner to remo,rer demolish the structure within 15 days from the date of receipt of the se further action would be initiated under Sr:ction 1Zg (g) \4unicipalities Act, 201 9. situated at impugned r: unauthoriz e d notice othr:rw of Telangana

4. Hearc Mr. p.R. Manohar, learned counsel fo. the petitioner, and Mr. P.rtti Krishna Reddy, Standing Counsel for I\4unicipalities, appearing f or 'r:spondent No.2.

5. L.ea-rre I counsel for the petitioner submitted that the impugned speaking orJer s passed without following due proces.s :f law.

6. [-earrre:i Standing Counsel appearing for res;pondent No.2 placed on r€c, rrd 16" written instructions and submitr:eci that show cause notic: r ras issued to the petitioner on 30.0.1 .,20,,15 and the petitioner su L n itted reply to it. However, as the rep ly was found unsatisfactory t re impugned speaking order was passed l I l.t, J

7. Learned counsel for the petitioner submitted that in the impugned order, it is stated that personal inspection of the disputed site was conducted, but the date on which inspection was done is not mentioned, thus there is violation of principles of natural justice. ln fact, there was no inspection as such carried out.

8. As it is submitted that the impugned speaking order is passed without conducting physical inspection and that there is no blockage of road access, the petitioner is directed to submit his objections to the impugned speaking order dated 10.03.2025', on receipt oi such objections, respondent No.2 shall consider the matter by giving an opportunity of hearing to the petitioner and Smt' Parvathi, who has filed a complaint against the petitioner and also filed W'P.No.31639 of 2024, and pass orders in accordance with law.

9. Accordingly, the writ petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed //TRUE COPY// /.L. LAKSHMI BABU EPUTY REGISTRAR SECTION OFFICER To, '1. The Secretary Municipal Admrnistration and Urba eve lopment, Secretariat, 2 Hyderabad. The Commissioner, Gundlapochampally Municipality' Medc-hal Malkajgiri Dlliri;Ni;ffi p;ino.lnistti"t'"o"n'i*niUt'oJnDeveloIment'secretariat' Hyderabad.

3. The District Collector, Medchal Malkajgiri District 4. The Tahsildar' Medchal Mandal' Medchal Malkajgiri District - - L.*l- ^- ./

5. One CC to SF I :) R MANOHAR Advocate [OPUCI 6. One CC to Stt F LITTA KRISHNA REDDY SC FOR lVtC [OPLTC] 7. Two CCs to rlP ',f R MQPL ADNIN URBAN DEV ,High Cor'tri fcr the State of B. Two CCs to (jF'] ',:r Revenue, High Cgurt for the State of Telerng ana at Telangana. [Olj- : Hyderabad [()L] Two QD Copies / o KKS BS P - ^^C. I I HIGH COURT DATED:071A4t2025 \ \ I I \ (,-i.re s t r,( ( z o .L r) z 3 tiAY 2[25 * H 6O \ ,lc-.-.,. -==-= ORDER WP.No.1040i' of 2025 DISPOSINGi IHE WRIT PETITION WITHOUT C()STS PF{f^ ?rt t\'}-{ I I i r i t I