High Court · 2025
Case Details
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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 to issue a writ, order or direction more particularly one in the nature of Writ of lvlandamus declaring the action of the respondents more particularly the respondents2to4andtheirofficia|sinattemptingtodemolishanddispossess the petitioner by way of interfering with his peaceful possession and enjoyment over house bearing municipal No'7-99 (PTIN No'131 21OO874)' Telangana Colony, Allinagar, Gaddapotharam, Sangareddy District' that too without following theprocedureascontemplatedunderlaw'ishighlyillegal'arbitraryunjust' unconstitutional,violationofprinciplesofnaturaljusticeandalsocontrarytothe provisions of the Telangana Municipalities Act' 2019 and rules made thereunder' and consequently direct the respondents not to demolish or interfere with peaceful possession and enjoyment of the petitioner over subject property' without following the procedure as contemplated under law IA NO :10F 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 not to demolish or interfere with peaceful possession and enjoyment of the petitioner over house bearing municipal No.7-99 (PTIN No.13'12100874), Telangana Colony, Allinagar, Gaddapotharam, Sangareddy District, . without following the procedure as contemplated under law, pending disposal of the writ Petition Counsel for the Petitioner: SRl. MOHD MOIN AHMED QUADRI Counsel for the Respondent No.'t : GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI PUTTA KRISHNA REDDY, SC FOR MUNICIPALITY Counsel for the Respondent No.3: GP FOR REVENUE Counsel for the Respondent No.4: GP FOR HOME The Court made the following: ORDER i I I l I I HONOURABLE SRI JUSTICE B' VIJAYSEN REDDY P ON No.14 184 0F 2025 oRI)ER: Mr. (oRAL) Mohd. Moin Ahmed Quadri' learned counsel for the petitioner, submitted that subject matter of this writ petition is squarely covered by the common order passed by this Court in W'P' Nos'13374 of 2025 and batch dated O1.O5.2O25 and the same is not d'isputed by Mr' Putta Krishna Reddy, learned Standing Counsel for respondent No.2/MuniciPalitY'
2. Therefore, recording aforesaid submission of the learned counsel for the petitioner' following the common order passed by this Court in W'P' Nos'13374 of 2025 and'batch dated O1'O5 '2025' in terms thereof' this writ petition is disposed' of' The said common order shall bemadepartoftherecordandacopyofthesamesha]l be alnexed' to this order' No order as to costs' Asasequelthereto,miscellaneousapplications,if any, pending in this *'it p"titi"" "h:X tt"ld 9 //TRUE COPY// losed. SD/. A.JAYA ISTANT REGIS SREE TRAR SECTION OFF ICER To, 1 The PrinciPa I Secretary [/luniciP al Administration and Urban Development Department, Secretariat, Saifabad, JU"T,1??:, Nlunicipalitv' Gaddapotharam 2. the MuniciPal Commissio ner, Ga The Station House Officer, IDA Bollaru m PoliceStation, Sang areddY District OneCCto SR areeddY District lrilandal, Sang Jinnaram I. MOHD MOIN AHI\iIED QUADRI, dM), Sang e Tahsildar' areddY District Advocate [O Van ( Th PUCl 3 4 t l ip,!:!l ,:.-l purrA KRTsHNA REDDv, sc FoR MuNjcrpAlrry *Ed#i[.J#a$#,Hl ffi *U, +,,-, m, t'vtt \'oU[ tor the state of Telangana, at ; U?$ff1'gi, ] l}#hl""cF ron HoME. Hish court ror r, ru. rwo cD copies opy of the order dated passed in Wp No. 13374/2025 a (Along with 1t05/2025) BM TKS is batch dated I ,- I ",| I HIGH COURT DATED:0 2tOSt2O2S Il'i,-.s *c o a) 1{ ilE 2025 } * ORDER WP.No.141B4 of ZOiS DISPOSING OF THE WRIT PETITION WITHOUT COSTS a I ,l THE HONOURABLE SRI JUSTICE B. VTJAYSEN REDDY WRIT PETITION Nos. 13374 13375 t3376 13407 13535 13559 13611 13684 r371s 13730 13762 13793 AND 13808 oF 2025 COMMON ORI}ER: (oRAL) Since common issue is involved in all these writ petitions, with the consent of the both sides, they are being disposed of by this common order at the stage of admission itself.
2. W.P. No. 13374 of 2025 is taken as lead case for disposal of all these writ petitions. 3 . Brief facts in W.P. No. 1 3 374 of 2025 are as under:
3.1. Petitioner claims to be lawful owner and possessor of house bearing Municipal No.7-54 (PTIN No.131200807), situated at Telangana Colony, Allinagar, Gaddapotaram Sanga Reddy District. That originally, the land in Survey No.27 of Allingar Village is Govemment land. Petitioner and others have been in possession of plots admeasuring about 60-80 square yards belonging to Government for the past more than two (2) decades. Petitioner and others also constructed small houstes in the above land and had been living there. In the year 2010, the I Gaddapotaram Gram panchayat has been upgraded to Municipality. The Gram panchayat has recommended for allotment oI house sites/assign ment pattas to petitioner and others vide LT.No.GPGP/2010, by enclosing the list of eligible candidates.
3.2 It is submitted that the then Govemment of Andhra Pradesh promised to allot assignmentAouse site pattas to the petitioner and others. Accorilingly, petitioner and others have constructed houses under Indiramma Housing Scheme by obtaining permission Iiom the then Caddapotaram Gram panchayat. The Gaddapotaram Gram panchayat assessed the subject propefty to property tax and petitioner has also applied for regularization of plots under G.O. Ms.No.5g and 59, Revenue (Assn.I), dated 30.12.2014. While things stood thus, on 25.04.202.5, without issuing any prior notice and without following due process of law, respondent authorities came to the subject property with JCB machines along with demolition squads and attempted to demolish the house ofthe petitioner.
4. Mr. Putta Krishna Reddy, learned standing counsel for Municipalities, appearing for respondent No.2, submitted that due r-- 3 process of law will be followed by respondent No.2, while taking action against the petitioner.
5. Recording the submissions of learned standing counsel for Municipalities, appearing for respondent No.2, the writ petition is disposed of, directing respondents Nos.2 to 4 not to interfere with the possession of the petitioner in respect of the property bearing Municipal Nos.7-54 (PTIN No.131200807), 7-ll4 (PTIN No.1312100816), 7-169 (PTIN No.1312100982), 7-168 (PTIN No.1312100981), 7-t3s (PTIN No.1312100883), 7-162 (PTIN No.1312100962), 7-r 11 (PTIN No.1312100869), 7-150 (PTIN No.1312101035), 7-120 (PTIN No.1312100809), 7-39 (PTIN No.13lt2100808), 7-167 (PTIN No.1312100929), 7-48 (PTIN No.13 t2100788), 7-138 (PTIN No.1312100909), situated at Teland '1 ana Colony, Allinagar, Gaddapotaram, Sanga Reddy Distri!t, and not to demolish the house constructed by the petitiol rer in the subject property, without following due process of l"*. ,] here shall be no order as to costs. 4 As a sequel thereto, miscellaneous applications, if any, pending in these writ petitions stand closed. B. VIJAYSEN REDDY, J Mzy 01,2025. Note: Furnish CC by 02.05.2025 (BO) MS.