Mohammed Afzal v. The State of Telangana

Petition under Article 226 ot the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue writ, order or Direction especially one in the Nature of writ of Mandamus declaring the inaction of the official respondents herein more particularly the 2nd respondent herein in not removing or demolishing the ilbgal structures including the wall constructed by the 3rd respondent herein over the agricultural land in sy. No.258/ AA1t1l1l1 and Sy. No. 2681411 of Edulabad vi age, Ghatkesar Mandal, Medchal-Malkajgiri District is as illegal, arbttrary, contrary to law and violation of Articles 14, 15, 16,2'l and 3o0-A of constitution of lndia and consequently direct the 2nd Respondent herein to demolish the i{legal structures including the wall constructed by the 3rd respondent herein over the agricultural land in Sy. No.258/AA1/1/1/1 and Sy. No. 268/4/1 of Edulabad Village, Ghatkesar Mandal, Medchal-Malkajgiri District herein, in the interest of justice. 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 2nd Respondent herein to direct the 2nd Respondent herein to demolish the illegal structures including the wall constructed by the 3rd respondent herein over the agricultural land in Sy. No.258/AA1l1l1l1 and Sy. No. 2681411 of Edulabad Village, Ghatkesar Mandal; Medchal-MalkaftTiri District herein, in the interest of justice, pending disposal of the main writ petition in the interest of justice. Counsel for the Petitioner: SR! M.A.MUJEEB Counsel for the Respondent No. 1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No. 2: SRI PUTTA KRTSHNA REDDY, SC FOR MUNICIPALITIES Counsel for the Respondent No. 3: - The Court made the following: ORDER HONOURABLE SRt JUSTICE B. VIJAYSEN REODY WRITPE TITON No.l384I OF 2025 ORDER: This writ petition is filed by the petitioner seeking to declare the action of respondent No.2 - Commissioner, Ghatkesar Municipality' in not removing or demolishing illegal structures, including the wall constructed by respondent No.3 over the agricultural land in Survey No.258/AA1/1/1/1 and Survey No.268/4/1 of Edulabad Village' Ghatkesar Mandal, Medchal-Malkajgiri District, as arbitrary and unconstitutional.

2. Heard Mr. M. A. Mujeeb, leamed counsel for the petitioner, and Mr. Putta Krishna Reddy, Ieamed Standing Counsel for Municipalities, appearing for respondent No.2.

3. lt is submitted that the petitioner is the absolute owner and possessor of agricultural land admeasuring Acs.3-'t6 guntas in Survey No.258/AA1/1/1/1 and Survey No.268/4/1 of Edulabad Village' Ghatkesar Mandal, Medchal-Malkajgiri District. He was issued pattadar passbook for the said lands and his name is recorded in Dharani Portal. However, in the revenue records, mistakenly the name of the petitioner is recorded only for an extent of Acs.2-31 guntas ,'t a- ^/ 2 instead of Acs.3-16 guntas. The petitioner is taking steps to rectify the revenue records

4. lt is submitted that the petitioner submitted an application to the revenue authorities to conduct survey, demarcation and fixation of boundaries of the subject land admeasuring Acs.3_16 guntas. A suit in O.S.No.568 of 2019 on the file of the principal Junior Civil Judge, Ranga Reddy District at L.B. Nagar, has been filed by the parents of respondent No.3 in respect of Acs.0-30 guntas in Survey Nos.25g and 268 of Edulabad Village, Ghatkesar Mandal, against the petitioner. The suit was dismissed.

5. lt is submifted that on 21 .11.2024, respondent No.3 trespassed into the property of the petitioner and sta(ed digging the agricultural land and damaged the standing crops. A complaint was lodged by the petitioner with Ghatkesar police Station, but no action was taken. Respondent No.3 raised a wall illegally in the property of the petitioner. The petitioner submitted representation/compraint dated 04.01 .2025 to respondent No.2 to remove illegal construction including compound wall raised by respondent No.3, but so farno action is taken.

6. Leamed Standing Counsel for respondent No.2 submitted that appropriate action will be taken by respondent No.2 on the complainUrepresentation of the petitioner. I J

7. ln view of the above, the writ petition is disposed of directing respondent No.2 to consider the complainUrepresentation dated 04.01.2025, submitted by the petitioner for removing alleged unauthorised structuredcompound wall constructed by respondent No.3 in the land in Survey No.258/AA1/1 l1l1 and Survey No.268/4/1 of Edulabad Village, Ghatkesar Mandal, Medc*ral-Malkajgiri District' by giving an opportunity of hearing to the petftioner and respondent No.3, and pass orders, in accordance with law, within a period of four (04) weeks from the date of receipt of a copy of this order. As this order is not passed on merits, notice to respondent No.3 is dispensed with. In any event, if respondent No.3 feels aggrieved by this order, he is at liberty to seek modification of this order. No order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed. //TRUE COPY// SD/- A.H.S. GOWRI SHANKAR ISTANT REGISTRAR SECTION OFFICER To,

1. Principal Secretary, Municipal Administration and Urban Development' Secretariat, Hyderabad, The State of Telangana' TS - 5oB 022'

2. The Commissioner, Ghatkesar Municipality, Ghatkesar' Medchal-Matkaigiri District, TS - 501 301.

3. Ghani Ahmed, S/ o. Late Syed Ahmed, Aged about 4o years' Occ' Home Guard, in Charlapalli PS, Fl/o. Edulabad Village' Kothagudem' Ghatkesar Mandal, Medchal-Malkaigiri District' TS - 5Ol 301' I

4. One CC to SRI M A MUJEEB Advocate {OPUCI 5. Two CCs to GP FOR MCPL ADMN URBAN DEV, High Court tur the State of Telangana, [OUTI

6. One CC to SRI PUTTA KRISHNA REDDY, SC for Municipalities{OPUCI 7. Two CD Copies BGS. LS % \ \ HIGH COURT DATED: 0110512025 ) ) ORDER WP.No.13849 of 2025 o 'rHE s14 r{: o o 2 { ,tul 2625 $ I o DATC I' ( I DISPOSING OF THE WRIT PETITION WITHOUT COSTS "C