High Court · 2025

Petition Under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent No. 6 in interfering into the open La rc ac rreasuring '1500 Sq.yard, situated at fvlekar B,rnda, Lardarwaza, Hyderabad, basi rr; on the letter addressed by the Res:ondent No.g to Respondent Nr-r.(l 1or fencing the private land of the petitior er and others, without considering thi) r3presentation of the petitioner dated 12-05-202s, as illegal, arbitrary, unoo lstrtrtional, without following due procecrure aga nst the principles of natural just :er :rnd contrary to the provisions of I-S Ir4uni :ipalities Act and consequently d rerr:t the respondents not to interfere with pe;lcef rl possession and enjoyment of tl- e z L,ove mentioned property of the petitioner wi rout following due procedure l.A.NO:1 OF 1?-025 Petitiorr [-jncer section 15'l cpc praying that in the circunstances stated in the affidavit liled In support of the petition, the High (lourt mi:ry be pleased to direct the res;p)no€rnts No. 3 to 6 & g, to consider lhe representation of the petitioner dated 12-05-2025 and not to interfere with the pr:titjo rers, open Land admeasurrng 1i:,0) Sq.yard, situated at Mekar Banda, Larrrarwaza, Hyderabad, without verifying tre tifle and ownership, pending dispos;ar r,f the main writ petition. Counsel for the P,etitioner : SRI B.MADHU SUDHAN RAO !9urye] for the Ru.spondent No.,t : Gp FOR MCPL ADMN Ar.,tD t,RBAN DEVELOPMENT Counsel for the Rr:.;pondent Nos.2, 7 & g : G.p FOR REVENUE counsel for the Resp.ndent Nos.3 to 6 : sRr RAPARTHT vENKATESH, sc FoR GHMC Counsel for the Rer;pondent No.9 : - The Court made th'r, following ORDER THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITIOil No.15637 of 2()25 ORDER: The writ petition is filed seeking this Court to declare the action of the respondent No.6 in interfering into the open land admeasuring 1500 sq. yards, Mekal Banda, Laldarwaza, Hyderabad, basing on the letter addressed by the respondent No.8 to respondent No.6, for fencing the private land of the petitioner, without considering the representation of the petitioner dated 12.05.2025, as being illegal, arbitrary and violation of principles of natural justice' Z. Learned counsel for the petitioner submitted that the petitioner is the daughter of C. Saianna Yadav, S/o. Late C. Mallaiah. The petitioner and her family members are joint owners of the subject property and a suit in O.S.No.4421 of 2021, on the file of XX lunior Civil Judge, City Civil Court, Hyderabad, was filed for partition and separate possession. The suit was dismissed for non-prosecution on 07.05.2025. The petitioner is taking steps to reopen and restore the suit.

3. Learned counsel further submitted that, meanwhile, the respondent No.9, who is a social activist. submitted a representation to GHMC and Revenue authorities alleging that the land belongs to Government. Based on the said representation of 2 the respor,d,e rt No.9, the respondent No'8 addressed ;l leti:er to the responderrt Icr.6 to fence the subject land. Atten]pts are made by the respor-rct nt authorities to disposses the petitioner 'rom the subject lr:) Pe r[Y.

4. Mr. Ra l,arthi Venkatesh, learned standing coun:el frir GHMC, submitterd tt'. t the petitioner does not have any title docurnent and she is cl.rimirJ title on the basis of an unregistered sale deed dated --he subject land belongs to GHMC and a; inf'lrmation

08.04.1!t9:1, regardin,3 enr:roachment of subiect land was received b'/ GHMC, steps w€rr€r taken cautioning general public not to tresoass into the subject lan d. 1e further submitted that the dispute is with regard to title and pl)s:;,r;sion and as such, the petitioner be directed to file a civil suit to pr v,7s her claim over the subject land.

5. In tlre irbove background, considering that there is . dispute regardinly Iit c and possession and that the petitionc'r is making claim orr thr: strength of an unregistered sale deerl dated

08.04.199:l a lrl the land is vacant, as of now. this lourt is not inclined tl ,:)nt -:rtain the writ petition.

6. Thrl rvri petition is disposed of directing both the parties to maintain statr-l i quo for a period of four (4) weeks urithirr wh ch time the petitioner:;hall take necessary steps by instituting a suit against 3 the respondents before a competent Court and seek necessary orders. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. t SDI-P. PADM EP HAR EDDY ANAB UTY REGISTRAR ,ITRUE COPYI' SECTION OFFICER ment Department' State of HMCr G Mu Re rTa Nea HMC niciPa I and Urban Dev ana at Hvderabad Se cretariat' t artmen venue Dep nk Bu nd, HYde rabad ne, Nase South Zone' Circ MoghalP langana Distn e-1 ad, Circl South Te Hvd dal, Hvd DU Cou e(a RBA uad l rt {or AN Hy ND OUTI the S GHMC' 0053 d-50 MC, GH Hvd inar' rabad. Man durP LA DN/lN MCP na at elan9a T UE, H EVEN R ebN agar' Phoolbagh' Nagar' te -7, Naseeb Ground and GHMC ura, 500 002 EVELOPMENT' tate of Telangana High Advoca FOR SC te [o GH PUC'I MC (OPUC) SUD HAN RAO, KAT ESH, IVEN ifiiw*r. To 3 al Sec retarYr PrinclP of Tel 1. The State retarial, etary' Sec t Secr PrinciPa 2. The tHy ana a -[ela er, G The Com issioner' IC ornffi Zota The 53 00 d-50 Hvd Co DePuty 5. The deraba Hy lbagh' Engineer' C gP ool, or, H Cotlect Ba ildhar' FOR to GP ate o{ the St FOR GP Phoo The Ass Sw Distr 7. The Tahs 8. The I. Two CCs rt {or Cou Cs to Two C 10 Hydera 11.On e U\, to 12.on CoPies 13.Two eCc CD 6 SA BS (*, HIGH C(]URT DATED:1810612025 C.C. TODAY 4fr ES ?3.tru2gg ((' (.P ;z C) .E .,1: .-- ,. r--,.-rf-_. __:J:J ,:.:. ..-- ORDE FI WP.No.'15637 of 2025 DISPOSING OF THE W.P WITHOI-IT COSTS. l ri ,r \lJ- .-"\ l \ 1 i lr\ u5