✦ High Court of India · 28 May 2025

High Court · 2025

Case Details High Court of India · 28 May 2025
Court
High Court of India
Decided
28 May 2025
Bench
Not available
Length
1,173 words

Sridevi Polavarapu, w/o. yashwant Kumar, Aged. 50 years, Occ. Busineso. NR's^Sitara, Ftat No. 20.1, Road ruo. r6, Afkapr;-t'o*nlhip, HVOei"f".# 500089. AND

1. Telang.ana ln{ustrial lnfrastructure Corporation_lndustrial Area Local Authority, Jsl-[tgg!, Road No. 3s, phade-tir inoustrLi'ijirX, J""OirneUa, Hyderabad-5000bS. ...PETITIONER 2 3 4 5 6 The State of Telangana, Rep by principal Secretary Department of lndustries and Commerce, Selret6riat, ftyOeraU-iir. Telangala State lndustrial lnfrastructure Corporation Limited (TSllC), Rep by ' '-- -, its Vice Chairman and Managing Director, Bish;;rba;;, HyOerabad' lo1.a-!-t!,l.alaggr,.Telangana State lndustrial lnfrastructure Corporation Limited (TSllC) Medchal-Sddipet Zone, tDA, .leeOimetta- The Commissioner, Telangana State lndustrial lnfrastructure Corporation Limited (TSilc), rndustriarirea r-oia Autroiiiiirnfr)'ieeoimetrai nvJ"iao"o Works,Rep by its proprietor Syed Shakir Hussain, S/o N.31,gg'.^E^l_gl"""Iing Dyeo HUSsatn. Aoed about {6 years, at plot no. D-1S4/A, phase_lll, OesiOeJ S.R. Nayak Naga-r, tDt, .leeOim'etra,-ny;il6;- SoOOsS ---- ...RESPONDENTS _the Petition under Articre 226 of rhe constitution of lndia praying that in the -L" circumstances stated in the affidavit fired therewith, the High'cJr.t ,rv pleased to issue a writ of Mandamus, any other writ or order decraring the action respondents more particurarry ths action of respondent No. i in issuing notice dated 14.05.2o2s vide Lr. No. TGilc-tALA/rp JDMicc No.2r6ot2o23-2o2s, contrary to the order dated 1 1.01 .2023 passed in w.p. No. '1 .r 01 of 2023 and direction issued vide order dated o4.o4.2o2s in c.c. No. 2760 of 2023 arbl*ary, illegal, unsustainabre and in vioration of Articres 14, 19, zr ,nJ- stO-A ot constitution of lndia passing any order or orders deemed fit and proper by this Hon'ble Court in the circumstances stated and interest of justice. .i&t{ IA NO i 1 0F 2025 Petition under Section 15'1 CPC praying that in the r;ircunstances stated in the affidavit filed in st pport of the petition, the High Court may be pl':ased to direct therespondentsnottoproceedwithtakinganyactionirrfudlterianceofnotice dated i4.05.2025 vde Lr. No. TGilC-tALA/tp JDM/CC N<t. 2.t6012023-2025 p"nJing adjudication of this writ petition passing any order or orders as this i_ton,utJcourt may de erm fit and proper in the circumstances of the r:ase. Counsel for the Petilircner: SRl. RAVIKANTH SHINDE Counsel forthe Respondent Nos.1 TO 5: GP FOR INDUSTRIES AND COMMERCE Counsel for the Respondent No.6: SRI ALI FAROOQ The Court made the following: ORDER ',ih"- 1 THE HON'BLE SRI JUST ICE NAGESH BHEEMAPAKA wp 15329-2025 NEKI J WRIT PETTT ON No.15329 of 2025 I ORDER: The case of the petitioner, precisely as per the writ affidavit, is that she purchased Ac.l-10 guntas in Block No.5, Jeedimetla village, Medchal-Malkajgiri District, vide Sale Deed Documenr No.59/200g dated 02.01 .2008 from the vendor K. Ramakrishna, after conducting due diligence and obtaining intimation letter dated 16.01.2007 from Andhra Pradesh Industrial Infrastructure corporation (now TGIIC) stating that APIIC did not acquire the land in Survey No.273 of Jeedimetla village and that the subject land falls within Survey No.273 and does not belong to APIIC. It is stated when the 4'h respondent-Zonal Manager, TGIIC trespassed into her property, the petitioner,s husband filed W.p.No.49g7 of 2018, and this Court directed status quo on 1Z.O2.2Olg, however, respondent No.4 on 24.09.2021 again trespassed and demolished the structures in her property. Thereafter the petitioner filed W.p.No.lgg76 of 2022 wherein an interim direction dated 18.07.2022 ras given to respondent No.4. not to interfere with the petitioner,s peaceful possession of the property. However, on24.01.2023, the 4th respondent again trespassed into the property and demolished the structures; and the petitioner therefore filed C.C.No.308 of 2023. The 4th respondent filed counter affidavit in C.C.No.308 of 2023 admitting disobedience of orders, by claiming that the interim orders of this Court in W.p.No. I l0 I of 2023 (filed by respondent No.6 herein alleging trespass by the petitioner into the property of respondent No.6) are being implemented; and that C.C.No.2760 of 2023 was filed against disobedience of orders 1 I 2 wp 15329 2025 N8K,,I dated 11.01.2().13 in W.P.No.1l01 of 2023, and thisr Clc,urt closed the C.C.No.2760 ctl 2023 by directing the 4th respondenl lbrlhwith comply with the orders, in W.P.No.1l0l of 2023. The pet itioner states that Contempt Appeal hrs been filed (numbered as CASR No.22087 of 2025 on 03.05.202i) against the closing of Cortempt Case No.2760 of 2025; and also rr Writ Appeal (W.A.No.540 c'f 2025) has been filed against the orclers passed in W.P.No.1101 o" 2023 dated 11.01 .2023 which is dirccted to be posted so, the l't respondent issued the ml)ugned Notice after vacation. -While dated 14.05.2(tll5 (received by the petitioner on n.A:;.2025) directing the petitioner to remove the Kirby Sheets purportetltl bl6cking the North-East sid: ingress/egress of respondent No.6 herein r writ petitioner in W.P.no.1 l0l of 2023) within seven days of receivinl; tlre Notice. The petitioner challenges the Notice dated 14.05 2025 as illegal and arbitrary.

2. Heard NI.. Ravikanth Shinde, learned counsel fitr the petitioner; and leamed Govemment Pleader for Industries and Cornrnerce. Perused the record.

3. At the h:aring, leamed counsel for the petitioner submits that, in response to the impugned Notice dated 14.05.2025, th; petitioner is willing to mir(e a detailed representation before th,: respondent- authorities and the authorities may be directed to considr:r and dispose the representat,on in accordance with law.

4. Consideling the submission made, the writ petition is disposed of with liberty to the petitioner to submit a representat ion before the I't 3 wp 75329_202s respondent, in reply to the impugned Notice dated 14.05.202s wittrirl I period of two weeks from today. On making such representation, the lrr respondent shall consider and dispose the same, by following due procedure prescribed in law, as expeditiously as possible, preferably within four weeks from the date of receipt of representation, and tirl such time the representation is disposed, no coercive steps shalr be taken by the respondent-authorities against the petitioner. 5. The writ petition stands disposed of accordingly. No costs. Miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// To,

1. Telangana lndustrial lnfrastructure Corporation-ln Authority, 1 st Floor, Road No. 35, Phase-lll lndustr Hyderabad-500055 SD/- T.TIRUMALA DEVI R DEPUTY SECTION OFFICER rial Area Local Park, Jeedimetla, Hyderabad. (TSllC) Medchal-Siddipet Zone, lDA, Jeedimetla Infrastruclure Corporation Limited (TSllC), Basheerbagh, Hyderabad

2. The Principal Secretary Department of lndustries and Commerce, Secretariat, 3. Vice Chairman and Arlanaging Director, Telangana State lndustrial 4. TonaI Manager, Telangana State lndustrial lnfrastructure Corporation Limited 5. The Commissioner, Telangana State lndustrial lnfrastructure Corporation 6. One CC to SRl. RAVIKANTH SHINDE Advocate [OPUC] 7. One CC to SRI ALI FAROOQ Advocate [OPUC] 8. Two CCs to GP for lndustries and Commerce Department, High Court for the 9. Two CD Copies Limited (TSllC), lndustrial Area Local Authority (IALA) Jeedimetta, Hyderabad. State of Telangana at Hyderabad. [OU! KKS It \.I.C,\TION COURT ;. s,- I rf (),c M -l\ \l! l! n ,il .t -) (_) 1\)'r a HIGH COURT NBK,J DATED:2810512025 ORDER WP.No.15329 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS ? A- 30 [( [>r

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