✦ High Court of India · 21 May 2025

M'Jaipal Reddv. s/o. tM- pratap Reddy v. 't. The

Case Details High Court of India · 21 May 2025
Court
High Court of India
Decided
21 May 2025
Bench
Not available
Length
1,165 words

Acts & Sections

...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue wRrr, ORDER oR DrREcroN and more particurarry one rihe the writ of Mandamus forbearing the 7th Respondent in any manner from stopping the free access, obstructing or artering the common passage of 21 f eet existing Bandla batta, passing through survey no.g2 and 83 which connects the survey no 81, Muthwellilluda Village, Kachivanisingaram village under pocharam Municipality, G ratke:sar Mandal, Medchal Malkajgiri Dislrict anri consequenfly direct the 3rd Rer;pondent to take action based on the 4th respondent's letteriReport dt letter No. Bl437l2O2S O6tOSt2O25. lA NO: 1 OF 2O1t5 Petition under section 1s1 cpc praying that in the circunrst.ances stated in the affidavit filec in support of the petition, the High court rray be pleased may be pleased pendin!t dis:osal of the above writ petition, direct the .3rcl respondent to take immediate prokrctive steps to prevent further intrusic n /Road Encroachment as per the report dated o6r0sr2o2s issued by the 4th respondent to the 3rd Respondent pending disposal of the above writ petition. Counsel for the Petitioner: SRI C. RAKEE SRIDHARAN Counsel forthe Respondents No.1 to 4: AGp FOR REVENUE Counsel for the Respondent No.5: SRI p. KRISHNA REDOY, S.C. FOR MUNICIPALITIES Counsel for the Res;rondent No.6: AGp FOR HOME Counsel for the lRespondent No.7: - The Court made the tbllowing: ORDER l:. THE HONOURABLE SRI JUSTTCE J. SREENIVAS RAO WRIT PETITION No. t5179 oF 2025 ORDER: This writ petition has been filed seeking the following relieft ^passing "to issue a Writ Order or directirtn more particularly one in the nalure of Writ of Mandamus for bearing the 7th Respondenl in any "1ro- stopp;ng the fiee access obs ucting or altering the *onnn, porrosn' of )t f"ni existing Bandla batta through "loi*or' ,)ru"y ,or.ez ird is -ni"n conneci the survey no'81 Muthwelliguda Vitlage Kachivanisingaram village under Pocharam Municipality Ghaikesa, Mandal Midchal Malkajgiri Disrict and consequently direct ,nn- Sra Respondent to toke actiin based on the 4lh respondents letter/Repori, dt letter No B/I37/2025' 06 05 2025' " Heard Ms.C.Rakee Sridharan, learned counsel for the petitioner, 2 learned Assistant Govemment Pleader for Revenue appearing for respondent Nos,l to 4, Mr.P.Krishna Reddy' learned Standing Counsel for respondent No.5 and learned Assistant Government Pleader for Home appearing for respondent No'6'

3. with the consent of leamed counsel foi the parties, the writ petition is being disposed ofbt the stage of admission'

4. During the course of hearing, learned counsel for the petitioner restricted the relief to consider the representation submitted by the petitioner dated 09.05.2025 to respondent No'3' In view of the same' notice in respect of respondent No'7 is dispensed with' i I 1 I I 2 LearneC counsel for the petitioner submitted that the petitioner is

5. the owner and pc'ssessor of land to an extent of Ac. l.0l guntas situated in Sy.No.Sl/U ol Muthwelguda Village, Ghatkesar tr4211d:rl, Medchal- Malkajgiri District, and the Survey No.81 is consisting total extent of Ac.6.22 guntas. In the said survey number, there is er bandla batta, which passes on the boundaries of Survey. Nos.82 and 83, ra'hi'oh has been existing fronr tinrt: immemorial. Respondent No.7 had enr:roached the said bandla batta and blicled the road. The pr:titiorrer approached respondent I'Jos.z to 4 and submitted representat-ion on 30.01-2025. Pursuant to the said representation, respondent Nios.3 and 5 through their letters dated 03.02.2025 and 30.01.2025 respectirely directed respondent |{o.4 to clear the encroachment. He further strbmitted that respondent No.4 had conducted survey and submitte'l report to respondent }.lo.3 ,cn 06.05.2025. While things stood ttrusr. respondent No.7 on 08.05.2()25 dumped the concrete building broken material and tried to clc'se the common access. Immediately, ttre petitioner approached respondent No.4 and submitted representation on

09.05.2025 zrbout the illegal encroachment of road by resprlndent No.7. In spite of the sarne. the respondent authorities have not tilk,::n any steps. 3

6. Learned Assistant Government Pleader for Revenue and leamed Standing Counsel submitted that they will take appropriate action on the representation submitted by the petitioner dated 09'o5'2025' in accordance with law, and requested this Court to grant reasonable time'

7. Having considered the submissions made by the respective parties and without expressing any view on merits of the case' this Court deems it appropriate to direct respondent No'3 to consider the representation of the petitioner dated 09 .05.2025 and pass appropriate orders in accordance with law, after giving notice and opportunity to the petitioner as well as respondent No'7 including personal hearing' within a period of four (4) weeks from the date of receipt of a copy of this order. 8 Withtheabovedirection,thewritpetitionisdisposedof. No order as to costs Miscellaneous petitions pending, if any' shatl stand closed' //TRUE COPY// SD/-P. CH. NAGABHUSHAMBA DEPUW REGISTRAR SECTION OFFICER To, \

1. The Prin-cipal Secretary, Revenue Hyderabad, Telangana. Departm , State of Telangana,

2. The collector, office of collectorate, shamirpet, Medchal Malkajgiri District, Telangana.

3. The Revenue Divisional Officer, Keesara Mandal, Medchal Malkajgiri District' Telangana.

4. The Mandal Revenue Officer, Ghatkeskar Mandal, Medchal Malkajgiri District' Telangana. .i ,l

5. The Munir:ipal Commissioner, Pocharam Municipality, Pocharam, Ghatkesar, Medchal tt/alkajgiri, Telangana. \

6. The Medipally Police Station, Station House Officer, peerjadiguda, Medipally, Canara Nrrgar, Peezadiguda, Hyderabad, Telangana 501501 .

7. One CC kr SR C. RAKEE SRIDHARAN, Advocate IOPUC] 8. Two CCs to riP for Revenue, High Court for the State or Telangana at Hyderabarl [OUT]

9. One CC kr SR P. KRISHNA REDDY, S.C. for Municipalitiesr [OPUC] 10. Two CCs to GP for Home, High Court for the State ol Telangana at Hyderabad. [OUTI 1 1 . Two CD Copies MP ry-- VACATION COURT HIGH COURT DATED:21 10512025 -.- -. rr. ST/\fc k -) L) llll liri\ zUfi 7 I I i.-. f '-\..1..\:, -)...:" ORDER WP.No.15179 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ) ,'fl] \5 ..i 5 .).

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