✦ High Court of India · 22 Apr 2025

High Court · 2025

Case Details High Court of India · 22 Apr 2025
Court
High Court of India
Decided
22 Apr 2025
Length
1,011 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 toto issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of l\rlandamus, to declare the inaction of the respondent authorities in taking action with regard to the encroachments of the roads in the layout in Sy.No. 77, 78 and 79 situated at Cheeriyal village, Keesara Mandal, R.R. District inspite of the written complaint dt. 131312025 followed by personal 7 visits, as being illegal, arbitrary, unjust and u nconstitutio nal and consequently direct the respondent authorities to remove the illegal encroachments and to 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 respondent authorities to stop the illegal and unauthorized construction made encroaching. the roads in the layout in Sy.No. 77, 78 and 79 situated at Cheeriyal village, Keesara fvlandal, R.R. District, pending disposal of the main Writ Petition, in the interest of justice Counsel for the Petitiones : SRl. B V BHASKARA RAO Counsel for the Respondent No 1 : GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No 2 : SRI K PAVAN KUMAR SC FOR HYDRA Counset for the Respondent No 3 : SRI PUTTA KRTSHNA Reddy, SC FOR The Court made the following: ORDER MUNICIPALITY Y:.- 1 1 I l l l THE HONOURABLE SRI JUSTICE B. VIJAYSEN RI,DDY WRIT PETITION No.11926 OB 2025 ORDER: (ORAL) This writ petition is filed by the petitioner seeking the following relief: "... to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus to declare the inaction of the respondent authorities in taking action with regard to the encroachments of the roads in the layout in Sy.Nos.77, 78 and 79 situated at Cheeriyal village, Keesara Mandal, R.R. District inspite of the written complaint dt. 13-3-2025 followed by personal visits as being illegal arbitrary unjust and unconstitutional and consequently direct the respondent authorities to remove the illegal encroachments and to grant . . ."

2. Heard Mr. Vudaya Bhaskara Rao, learned counsel for the petitioner, Mr. Kowthuru Pavan Kumar, learned standing counsel for Hyderabad Disaster Response and Asset Protection Agency (HYDRAA), appearing for respondent No.2, and Mr. Putta Krishna Reddy, leamed standing counsel for Municipalities, appearing for respondent No.3. 2

3. It is submitted that Mrs. Mohammedi Begum. mother of the petitioners,, purchased the Plot No.29 admeasuring 200 square yards in Survey Nos.77lB, 78/A and 79 in Baba Nagar Layout situated at Checryal Village, Keesara Mandal, Medchal-Malkajgiri District, through registered sale deed bearing document No.7802 of 1 987 dated 3l .12.1987 . She died on 05.08. 1988 leaving behind the petitioners as legal heirs. While so, some unknown miscreants encroached into the existing road in front of their plot in Baba Nagar Layout, as such, petitioners lodged complaint dated

13.03.2025 to respondent No.2 for removing the encroachments rnade on the roads in the Baba Nagar Layout, however, so far, no action has been taken.

3. Leamed standing counsel for respondent No.2 submitted that appropriate action will be taken on the complaint of the petitioner dated 13.03.2025. in accordance with law.

4. In view of the aforesaid submission of the learned standing counsel for respondent No.2, the writ petition is disposed of, directing respondent Nos.2 and 3 to forthwith take action on the complaint of the petitioners dated 13.03.2025, and pass orders,, in accordance with law, by affording opportunity of hearing to the petitioner and all other concemed/interested persons. The entire exercise shall be completed within a period of four (4) weeks from the date of receipt ofa copy of this order. There shall be no order as to costs As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed //TRUE COPY// SD/.K.AMMAJI EPUTY REGISTRAR I SECTION OFFICER To, 1 . The Principal Secretary' Municipal Administration and Urban Development ' o"irir"[t, ftrJstJtei ot relangana, Secretariat' Hyderabad 2. The Commissioner, Hyderabad Disaster Response and Asset Monitoring and ' piit*,ii"" Ad"y,'srtn, Bhavan, Hyderabad-S00 003 3. Commissioner, Dammaiguda Municipality' Dammaiguda' Hyderabad-500

4. One CC to SRl. B V BHASKARA RAO, Advocate [OPUC] 5. Two CCs to GP FoR MCPL ADMN URBAN DEV ,High Court for the State of Telangana at HYderabad [OUT]

6. One CC to SRI K PAVAN KUMAR, SC FOR HYDRAIOPUCI 7. One CC to SRI PUTTA KRISHNA REDDY' SC FOR IMUNICIPALITY 8. Two CD CoPies 9. One SPare CoPY . ry" BSK HIGH COURT DATED:2210412025 ORDER WP.No.11926 of 2025 Ro I ,lE S L,r ( c) .J 2 I JUll 2p5 ('\ (' C) ..\ .{ ,)4TCrl DISPOSING OF THE WRIT PETITION WITHOUT COSTS ii\1 b

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