High Court · 2025

THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: '12790 OF 2025 Between:

1. Sri. Gorla Harish Yadav, S/o. Sri. Gorla Gnaneshwar Yadav, Aged about 31 years, Occ. Business, R/o. H.No. 5-122, Narsinghi Village, Under Narsinghi ir/unicipality, Gandipet Mandal, Ranga Reddy District-500 089, 2. Sri Ndnhsilamdaiash Sahani, S/o. Sri. Rdmdarash Sahani, Aged about 34 vears, Occ. Business, R/o. B 15Q2, Sattba Magnus, Shaikpet, Behind ilehance, Old Mumbai Highway, Alizapur, Golconda, Hyderabad, Telangana State. 3 Smt. Nisha Naphe Nishad, Wo. Nanhe Ramdarash Sahani,.Aged abgu!.3q vears, Occ. Housewife, R/q. B 1502, Sattva Magnus Shaikpet, Behind iiehance, Old Mumbai Highway, Alizapur, Golconda. Hyderabad, Telangana State. AND ..,PETITIONERS 1 The State of Telangana, Rep by its Principal Secretary, IrlunicFal^ - Administration and-Urban Development Department (MAUD), Dr. B.R. Ambedkar Secretariat Bhavan. Hyderabad.

2. The Narsinghi Muniaipality, Gandipet Mandal, Ranga Reddy District, Rep. by its Commissioner,

3. K. Nagi Reddy, S/o. Muthyam Reddy, Aged Maior, Occ. Business, R/o. D No 4-96, Narsinghi Village, Gandipet Mandal, Rangareddy District. ...RESPONDENTS Petition under Article 226 of lhe Constitution o{ 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, more particularly one in the nature of Writ of l/landamus, to declare the action of 2nd respondent in issuing the impugned notice in file No. 67/UC/TPS/NMI2O25 dated 11.04-2025 to the 1st petitioner directing him to remove the unauthorized encroachments/structures in the earmarked for graveyard within seven (7) days from the date of receipt of the copy of the notice as illegal, arbitrary, in violation of principles of natural justice and against the provisions of Telangana Municipalities Act and against all settled principles of law and set-aside the same consequently direct the Respondent No.2 not to interfere into the peaceful possession and enjoyment of the 2nd Petitioner over open Plot in Sy. No. 304 and 305 admeasuring 150 Sq.yds out of 271 Sq yds situated at Narsirrghr Village, under Narsinghi ltlunicipality, Gandipet Mandal, Rangareddy District lA NO: 1 OF 202s 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 stay the operation of the impugned notice in file No.67/UC/TPS/NM12025 daled 11.04.2025 issued by the 2nd Respondent, pending disposal af the writ Petition. Counsel for the Petitioners: SRI AKKAM ESHWAR Counsel for the Respondent No.1: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent No.2: SRI LAXMAIAH KANCHANI, SC FOR MPCL Counsel for the Respondent No.3: .- The Court made the following: OROER - I : I I I i I i I I I I I I THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.12790 OF 2025 ORDER:(ORAL) This writ petition is filed by the petitioner seeking the lollowing relief: ". .. to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus, to declare the action of 2nd respondent in issuing the impugned notice in file No.67tuClTPS INM/2025 dated 11.04.2025 to the l" petitioner directing him to remove the unauthorized encroachments/structures in the earmarked for graveyard within seven (7) days from the date of receipt of the copy of the notice as illegal, arbitrary, in violation of principles of natural justice and against the provisions of Telangana Municipalities Act and against all settled principles of law and set-aside the same consequently direct the Respondent No.2 not to interfere into the peaceful possession and enjoyment olthe 2nd Petitioner over open Plot in Sy.No.304 and 305 admeasuring 150 Sq. yds. out of 271 Sq. yds. situated at Narsinghi Village, under Narsinghi Municipality, Gandipet Mandal, Rangareddy District, and to pass.. ."

2. Heard Mr. Akkam Eshwar, learned counsel for the petitioner, and Mr. Laxmaiah Kanchani, leamed standing counsel for Municipalities, appearing for respondent No.2. I 2 I l:

3. Learned counsel for the petitioners submitted that impugned show-cause notice in File No.67fuClTPS/NW2025 dated

11.04.2025 was issued to petitioner No.1 to remove the unauthorizccl cncroachments/structures in the land eannarked for graveyard in the subject property. It is alleged in the impugned notice that on thc complaint of respondent No.3 dated 08.1 1.2023, show-cause n oti c e v i de N o. 6 7/UC/TPS/NIW2 023 d,ated, 3 O.0 1.2024 was issued to petitioner No. I fbr removing the unauthorized encroachments /structures in the land earmarked for graveyard, for which, petitioner No.1 submitted reply on 06.02.2024, but he did not produce anv documentary evidence to justi! his title over the land. That, as pcr the survey and sketch plan of the graveyard in Survey Nos.304 and 305 of Narsingi Village, Gandipet Mandal, vide Lr.No.B/253/2023 dated 12.01.2024, unauthorized encroachments /structures are made in the graveyard.

4. Learned counsel for the petitioners submitted that survey report was not fumished to petitioner No.l. The petitioner Nos.2 and 3 purchased the subject property from petitioner No. I through registered sale deed bearing document No.7062 of 2024 dated, 3

27.05.2024 and they are in physical possession of the subject property. The impugned show-cause notice dated 11.04.2025 was not issued to petitioners Nos.2 and 3 and survey repoft was not furnished to petitioner No. l, as such, the impugned notice is in violation of principles ofnatural justice and liable to be set aside.

5. As it is submitted by learned counsel for the petitioners that survey report was not fumished to petitioner No. I and moreover impugned notice dated 11.04.2025 is not served on petitioner Nos.2 and 3 who have interest over the subject property, the writ petition is disposed of with the following directions: (a) The impugned notice dated 11.04.2025, shall be treated as show-cause notice. (b) As and when the petitioners approach respondent No.2 within a period of one (1) week from the date of receipt of a copy o1' this order, respondent No.2 is directed to fumish a copy of survey report dated 12.01.2024 on them. t I I I (c) The petitioners shall submit explanation to the notice dated 4

11.04.2025 within a period of one (1) week from the date of receipt of survey report dated 12.01 .2024. (d) On receipt ol' such explanation, respondent No.2 shall take appropriate action, in accordance with law, by affording opportunity of hearing to petitioners and respondent No.3, within a period of four (4) weeks from the receipt of such explanation. (e) Pending enquiry pursuant to the impugned notice dated

11.04.2025. respondent No.2 is directed not to interfere with the possession of the petitioners in respect of the subject property. (f) Further. ifrespondent No.3 has any grievance, he is at liberty to approach this ('ourt seeking modillcation of this order. -l-here be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in this w.rit petition stand closed. To //TRUE COPY' SD/. C. DEEPIKA ASSISTANT REGISTRAR SECTION OFFICER 1 The Principal.Sgglgtary, Municipal Administration and Urban Development (IVAUD), Dr. B R. Ambedkar Secretariat Bhavan, Hyderibad, Departm€nt State of Telangana. The Commissioner Narsinghi Municipality, Gandipet Mandal, Ranga Reddy District One CC Two CC of Telan One CC Two CD to SRI AKKAM ESHWAR, Advocate tOpUCl s to GP FOR MCPL ADMN & URBAN DEV, iliqh Court for the State ganq, at Hyderabad [OUT] to sRr LAX[\/A|AH KANCHhNt, SC FOR MpCL [OPUC] Copies 2 J 4 5 o PSK. HIGH COURT DATED:25 t0412025 / ORDER WP.No.12790 of 2025 ,: a) 0t o 1/- 1El- 4ti o *s S \' \ '1. * i- ,( J Ito\B DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ x{ I i t I II i t. h I i i I i