The High Court · 2025

Petition under Section 1S1 CpC praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No. 2 to 4 to forthwith restore 40 feet wide pubric road situated in sy No. 13512 and 13612 0f Kandrakoya Viilage, tvedchar I\,andar, Medchal-Malkajgiri District, pending disposal of the writ petition. IANO:2OF2 025 Petition under section 15'r cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitione rs/responde nts no7 & B to fire additionar materiar papers and pass any such other order or orders in favour of the petition ers/responden ts no.s. 7 & 8 in the circumstances of the case. Counsel for the petitioner: SRI MOHD ISLAMUDDIN ANSART counser for the Respondent No.1: cp FoRMcFl'noruru a URBAN DEV counser for the Respondent Nos.2 a g: sni iuriA KRT'HNA REDD', sc FoR Counset for the Respondent No.4: M/.. B.DNIPAChPRESENTtNG counset for the Respondent Nos.S & e: GC roi-iijrue UOUNSEI f.r thE RCSPONdENT NOS.7 & 8: SRI D,AMARENDER REDDY The Court made the following: ORDER SRI KOWTURU PAVAN KUMAR, SC FOR HYDRAA ,ixr-r l!l? Yry .T THE HON'BLE SRI JUSTICE . VIJAYSEN REDDY w TIO 3 ORDER: The writ petition is filed seekin a Mandamus to declare the action of respondents No.2 to 4 in n public road situated in Sy.No.135/ t restoring the 40 feet wide and L36/2 of KandlakoYa Village, Medchal Mandal. Medchal-M limits of respondents No.2 an kajgiri District, between the 3, by considering the representations dated 72.O5.2025,

5.05.2025, 17.05.2025 and

20.05.2025, which is blocked bY th arbitrary. illegal and in violation respondent No.7, as being, of provisions of Telangana Municipalities Act, 2019.

2. Heard Mohd Islamuddin Ans ri, learned counsel for the petitioner, Mr. Putta Krishna Reddy, learned standing counsel for the respondents ttl-o.Z and 3, Ms. B. Divya, learned counsel, representing Mr. Kowturu Pavan Ku ar, learned standing counsel for respondent No.4 - HYDRAA an Mr. D. Amarender Reddy, learned counsel for the respondents .7 and 8

3. Learned counsel for the P ioner submitted that in the earlier round of litigation in WP.No 10429 of 2023, filed bY the respondent No.7 herein, order da ed 17 .04.2023 was Passed directing the respondents not to int rfere with the property of the liberty was granted to the respondent No.7 in SY.Nos.693 an lsrxtxtlxq,'a- - "-.t'*?'r!6,'twxxwti t 2 respondents to lay road over government lands in Sy.Nos.135 and 136. He submitted that on account of violation of the said order. CC.No.1033 of 2023 was filed by the respondent No.7 wherein at para 5 of the order dated 13.10.2023, the contention of the learned standing counsel for municipality was recorded that there is an existing 40 feet katcha road through the Government rand in Sy.Nos.135/2 and 136/2 leading from main road of Kandlakoya to Thumukunta and the same was widened and that there is no petitioner's Iand in Sy.No.693. He further submitted that this Court held at para 6 of the order that it cannot presume that the respondents laid road in the lands forming part of Sy.No.693 and eventually the contempt case was closed. interference over the On the basis of the observations made in the contempt case, the learned counsel for the petitioner vehemently submitted that the road of 40 feet was restored. However, the respondents No.7 and 8 have obstructed the road access by encroaching the 40 feet wide public road and on compraint dated 29.04.2025 submitted by the peti oner; the respondent authorities have im mediately restored the public road in Sy.Nos.135 and encroachments. 136 by removing

4. Learned counsel for the respondents No.7 and g submitted that the matter is seized by the Senior Civil Judge Court, Medchal_ ..... i. t' rl: J Malkajgiri District, in O.S.No.31 of 20 IA.No.314 ot 2023 was filed seekin 9 wherein an aPPlication in appointment of Advocate Commissioner for survey of the land i Sy.No.693 with the helP of the Additional Director Survey and La d Records. Learned counsel relled on the report of the Advocate the counter affidavit and documents mmissioner filed a long with iv rng location sketch in File No.A217274/2024, which according to that the 40 feet road is an internal roa , which ends within the land learned counsel shows of the respondents No.7 and 8 in Sy.N 693/P.

5. However, leaned counsel for the per the Google MaP annexed to the petitioner submitted that as reply affidavit, filed bY the petitioner, the white line abutting Sy' shows that it is a Pucca road and beY nd the white line, there is a katcha road, which was restored by the respondent authorities. s.689, 690 and 693 clearly Learned standing counsel for t e respondents No.2 and 3 6. submitted that the road is at the bound ry of two municipalities and a direction may be issued to the resp ndents No.2 and 3 and also the resPondent No.4 - HYDRAA to conduct necessarY enqulrY pursuant to the representations of the etitioner.

7. As there is a serious dispute ith regard to existence of , whether it is in SY-No.693 public road and also location of the roa or Sy.Nos.135 and 136, the Petition r is directed to submit a 4 detailed representation to the respondent No.4 giving clear information regarding existence of public road in Sy.Nos.135 and 136 (government land) along with the supportive documents. On receipt of such representation, the respondent No.4 shall issue notice to the respondents No.7 and g and seek their reply by giving sufficient time. On such reply, being received, by giving opportunity of hearing to the petitioner and the respondents No.7 and g, appropriate orders shall be passed by the respondent No.4 and take further action as may be necessary in accordance with law. The respondent No.4 shall, independently, conduct enquiry in coordination with the respondents No.2 and 3 _ municipalities. The entire exercise shall be completed within a period of two (2) months from the date of recejpt of a copy of this order. it is made clear that the observations made in this order are only for the purpose of giving direction for conducting enquiry and shall not be construed as an expression of opinion. The writ petitron is disposed of. The miscellaneous petitions pending, if any, shall stand closed_ There shall be no order as to costs. SD/. A.SRINIVASA REDDY S SISTANT REGISTRAR I //TRUE COPY// '{secrtox oFFlcER To

1. The PrinciPal Secretary, Mu niciP al Administration and Urban DeveloPment 2. The Commis sioner, Thumku nta MunicipalitY, Thumkunta MuniciPalitY, Department , Secretariat, HYderabad. State of Telangana District Medchal - Malkaigiri The Commissioner, GundlaP MunlciPalitY, ochampally Municipality, Gundlapochampally 4. The Commis sioner, Hyd era6ad Disaste r. R"spon." and Asset Protection AgencY, Bud dha Bhavan, Hyderabad 5. The Station House Officer, Petbashee rabad Police Station. Medchal - t\Iedchal Malka.igiri District J. Malkajgiri District w cbl't l .d w o 7 8 o 10 11 12 13 The Station House Officer, Medchal P District. One CC to SRI MOHD ISLAMUDDIN Two CCs to GP FOR MCPL ADMN & of Telanqana, at HYderabad. [OUT] One CC to SRI PUTTA KRISHNA RE One CC to SRI KOWTURU PAVAN K One CC to SRI D AMARENDER RED Two CCs to GP FOR HOME, High Cou Hyderabad. [OUT] Two CD Copies PSK. PSK lice Station, Medchal Malkajgiri NSARI, Advocate [OPUC] R B AN D E s Co rt fo h U H h r J DY, SC FOR MPCL [OPUC] MAR, SC FOR HYDRAA IOPUC] , Advocate IOPUCI for the State of Telangana, at ,3 HIGH COURT DATED:0610812025 ORDER WP.No.15323 ot 2025 CC TODAY I I o iAI; lr. '' .ir( IUE L'rcr \: z t DISPOSING OF THE WRIT PETITION WITHOUT COSTS