High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in thq circumstances stated in the affidavit filed therewith, the High Court may be pleaseg to issue an apprgpriate writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in demolishing the compound wall of the petitioners house property bearing H.No.1B-1BE/l lalAll in Sy.No.207lP covering Plot Nos.163/P, 1641P, 1651P, 168/P and 169/P in an extent of 1000 sq. yards at Raghavendra Colony, Shadnagar Village, Farooqnagar Mandal, Ranga Reddy District without passing any order on the explanation submitted by the petitioners dt.16.05.2Q25 pursuant lo thg Notice issued by the 2nd respondent vide Notice frlo.GlIIPS/259/SDNRJ2025, dt.15.05.2025 without following due process of lqw as illegal, arbitrar) unconstitutional and further threatening to lay a road in the petitioners proper y without conducting any survey and lernarcation being arbitrary and c;ont ary to the provisions of [V'lunicipalities Ac, a rd consequently direct the 2nd resl:c,ndent to conduct survey and demarcat,3 thc property of the petitioners before l:ying any road over the petitioners propert/ rtentioned abovg and not to interfer: with the construction of the compounc va I in the existing demolished debris :r the compound wall. A NO: I OF 2A25 Petition undr,,r Section '!51 CPC praying that in lhe c,ir:urnstances staled In the affidariit fileo in support of the petition, the High Court ne y be pleased tq dirgct the 2nd respcndgnt not to obstruct the petitioners to rarso the compgqnd \,ryall around their or.operty bearing H.No.18-'lB8/1 talAtl n Sy.Nc.207lp covering Plqt Nos 163/P,16,:.tP 16.51P, 1681P and 169/p in an extent o,i )00 sq. yardq at Raghavendra Color,r, Shadnagar Village, Farooqnagar Man,jal Ranga Reddy District, pending disposal of the main Writ Petition, lA NO: 2 OF 2025 Petitian under Section 151 cpc praying that in the c (:urrstances stated ln the affidavit filed in support of the petition, the High courl rnai be pleased to dirqct lhe 2nd resp,ndent to conduct survey and demarcatior o; the petitionerq property bearing H \to 16-16911 tatAll in Sy.No.207lp covernJ ;>1st Nqg.i6q/p, 1641P, 1651P 168/t) and 169/P in an extent of 1000 sq. yard; irt Raghavelldrq ColOny, Shgdrragar \,'illage, Farooqnagar Mandal, Ranga Redrly fistrict, withoul interfering pqssessrc n and enjoymgnt by constructing the c >mpound wall, peqding disposal of he main Writ petition. Counsel for the Petitioner: SRI K.KIRAN KUMAR Cgunsel for the Respondent No.1: cp FOR MCPL ADMN URBAN OEV 999nsel for the Respondent No.2 & 3: SRI PUTTA KRTSHNA REDDy, SC FOR MCPL The Court made the following: ORDER THE HON'BLE SRI WSTICE NAGESH BHEEMAPAI{A WRIT PETITION No.15361of 2025 ORDER: This writ petition is filed seeking the following prayer:- ".....1o issue an appropriate writ order or direction more particularly one in the nature of Writ of Maldamus declaring the action of the 2nd, respondent in demolishing the compound wall of the petitioners house property bearing H No 18- 188/llal A/ 1 in Sy No 2O7/P covering Plot Nos 163/P 764/P 165|P 768|P arrd 169lP in an extent of 1000 sq yards at Raghavendra Colony Shadnagar Village Farooqnagar Mandal Rarga Reddy District without passing any order on the explanation submitted by the petitioners dt 16 OS 2025 pursuant to the Notice issued by the 2nd, respondent No Gl/TPS/259ISDNRJ2025 dt 15 05 2O25 without following due process of law as iliega-l arbitrary unconstitutional and further threatening to lay a road in the petitioners property without conducting any survey and demarcation being arbitrary ald contrary to the provisions of Municipalities Act and consequently direct the 2nd respondent to conduct survey and demarcate the propert5r of the petitioners before laying any road over the petitioners property mentioned above and not to interfere with the construction of the compound wall in the existing demolished debris of the compound wall and to pass. .. '' Notice

2. Heard Mr.K.Kiran Kumar, learned counsel for the petitioners and learned Standing Counsel for respondent Nos.2 &3. 2 N BK,I W P. No.1s361of2025 3 . It is t h c r:ase of the petitioners that the petiti rn :rs are the absolute ovv'r(rrs and possessors of the land :.n H.No.18- I88la/Al1, r: Sy.No.2O7/P covering Plots Nos.i(i3,'P, 164lP, 165 lP and , 69 /P to an extent of 1000 ls,l. Yards at Raghavend ra Oolony, Shadnagar Village, Farooqnirgir Mandai, Ranga Redd,y- District. The said property was obt rir Led by the petitioner:s b1 ,rirtue of a registered sale deed bearieg document No.2735 of l!'!)9, dated 04.10.1999.

4. Learrrei counsel for the petitioners further ;u tmits that respondenl Nr.2 issued notice, dated 15.05.2025, di'ecting the petitioners tc Cemolish the compound wall witLLin hree days from the dat r of receipt of the said notice, failrr g which the responderrt N t.2 shall initiate action for remova.l of :ompound wall withc,ut i n;. further notice and the cost oI re.rroval sha11 be recovered fr'r m the petitioners as per tLLe Telangana Municipalitier A,ct 2019

5. The grie,rance of the petitioners is that the pe,ititners filed an explarratir rr, dated 16.05.2025, pursuant to t 1e notice, dated 15.05.2 325, however, the 2nd respondent di,I nr t consider 3 NBK,,l W.P. No.15361of2025 I the said explanation submitted kry the petitioners. Hence, the present writ petition. 6 In view of the above, this Court deems it appropriate to direct the respondents to consider the . explanation, dated

16.05.2025, submitted by the petitioners and pass appropriate orders, in accordance with law, till then, the respondents are also directed not to take any coercive steps pursuant to the notice, dated 1 5.05.2025.

7. With the above said directions, this writ petition disposed of. There shall be no order as to costs. 1S Miscellaneous applications, if any, pending in this writ petition, shall stand closed. To, //TRUE COPY// SD/.P. GOWRI SHANKAR EPUTY REGISTRAR SECTION OFFICER 1 . lhe Principal Secretary Municipal Administrat Hyderabad; TG I[:r,fo.r,sioner Shadnagar, Shadnagar Municipatity, RqnSa Rpddy :'....' officer, $hadnEsar Municipqlitv $ha1{nasar, Ransa illfioJbYJl,.,l,i"nnins Department Sepretariat, .:. l-., :::': 9ne Eq to SRI K KTRAN KUMAR Advegat" topuql Qne -..cQ to qBl PUTfA KRISHNA REpDy sg Fog MCpt= toFUCl Two CCp to GP FOB MCPL ADMN URBAN DEV ,High Court for thq State of Telang4ss qt Hyderabad [OUt] l-nvo QD. Copies nt\ YK 2 a 4 5 6 7 9SR BS HIGH COURT DATED:2810512025 VACA ION COURT ORDER WP.No.15361 of 2025 ! , , j-,. --l-, ( $ [ .\iil u6 .-:," DISPOSING IDF THE WRIT PETITION, WITHOUT COSTS fl,' (,4, \0 :