The High Court · 2025

TheStationHouseOfficer,BachupalluPoliceStation,AtBachupally' Medchal-Malkajgiri District, Telangana State. Kolan Krishna Reddv, S/o. Not known, Aged about. 60 years, Occ Business' nIo. aaihupatty, Meadhat-Matrajgiri District, Telangana State' Kolan Seetharam Reddy, S/o. Not knowq, fge{ about' 65 years' Occ' 6;fi;t;, Rv ;. eacnupliiv, Medchal-Malkajgiri DGtrict, Telansana State' Sri Yellamma Temple @ Sri Sri Renuka Yellamma Temple' -(Vill and. M) Er"ri,iorir, oisti[t. ' rr71ed-"nat-tvtalkaigiri, Rep.by lts Secretary, Kolan Krjshna H;;;;:-d'" K.rtijsi niioov' Aseo atj5ut oz veais, occ: Business' R:/o (Villase and M), Bachupally, Diskict Medchal-Malkajgiri' Respondent No.9 is impleaded as per C.O'dt'10'02'2025 in l'A-No'212O24' ...RESPONDENTS 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 ! I I i I .1i,.,F.:: _trr+'r.n pleased to pass order or orders one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents for not taking any action for the illegal construction over the petitioner's land i.e., 40 gts out of land in Sy No. 408 to the extent of Ac. 2-39gts, Land in Sy NO. 407lA to the extent of Ac. 0-34 1/2 gts and in Sy No. 40718 lo the extent of Ac. 0-1 1 1/2 gts. and Land in Sy No. 407lA to the extent of Ac. 0-34 1/2 gts, and Land in Sy No. 407/8 to the extent of Ac. O- 11 112 gts situated at Bachupally Village and Mandal, Medchal-Malkajgiri District, Telangana State which is abetting to the Tempie land (YellammaTemple) which is also petitioner patta land, making illegal construction by the unofficial respondents without the consent of the petitioner and family, without obtaining any permission for the concerned departments i.e., Municipal Department or Revenue Department, in spite of lnterim Orders passed by this Hon'bte High court in W.P NO.2629312011, dated. 19-09-20'l 1, and declare the action of the respondents is totally illegal, arbitrary, against the principles of Natural Justice, and against the provisions of Municipal Act and Rules, against the Violation of Article 300-A of Constitution of lndia. IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents No.2 to 6 to take an immediate action restraining the unofficial respondents No.7 and 8 from making illegal construction over the petitioner's land i.e., Ac.0.40 gts out of land in Sy No. 408 to the extent of Ac.2- 39 gts, Land in Sy NO. 4O7lA to the extent of Ac. 0-34 1i2 gts and in Sy No. 40718 lo the extent of Ac. 0-1 1 1/2 gts. and Land in Sy No. 407lA to the extent of Ac. 0-34 1/2 gts, and Land in Sy No. 407lB to the extent of Ac.0-11 1/2 gts situated at Bachupally Village and Mandal, Medchal-Malkajgiri District, Tetangana State which is abutting to the Temple (Yellamma Temple) pending disposal of the Main Writ Petition. Counsel for the Counsel for the Counsel for the Petitioner : SRI SURESH SHIV SAGAR Respondent No.1 : GP FOR MCPL ADMN URBAN DEV Respondents No.2 : SRI PUTTA KRISHNA REDDY, Counsel for the Counsel for the Counsel for the SC FOR MUNICIPALIW Respondents No.3tos : ASST. GP FOR REVENUE Respondents No.6 : ASST.GP FOR HOME Respondents No.9 : SMT.K.SARALA MAHENDER REDDY The Court made the following: ORDER THE HON,BLE SRT JUSTICE K.LAKSIIMAN WRITPETIT NNo.1697 IO 90F 2024 ORDER: Heard Sri Suresh Shiv Sagar, learned counsel for the petitioner. Sri Pufla Krishna Reddy, leamed Standing Counsel appearing for 2nd respondent, leamed Assr.stant Government pleader for Revenue appearing for respondent Nos.3 to5 learned Assistant Govemment Pleader for Home appearing for 6,h respondent and Smt. K. Sarala Mahender Reddy, leamed counsel appearing for respondent Nos.7 to 9. 2. Learned counsel for the petitioner would submit that the petitioner has submitted a representation datecl 1g.12.2024 to 3d respondent stating that respondent Nos.7 and g are making construction in the land belongs to the petitioner and by encroaching petitioner,s land. On the complaint lodged by the petitioner, Bachupally police have also registered a case in crime No.656 of 2024 dated 04.07.2024 against therr. Despite receiving and acknowledging the said representation, 2nd respondent did not act upon the same. Aggrieved by the said inaction of 2nd respondent, petitioner filed the present writ petition.

3. Whereas Sri Putta Krishna Reddy, learned Standing Counsel appearing for 2 respondent has produced written instructions stating that there are disputes between petitioner,s family and respondent Nos'7 and 8 famity. 2''d respondent cannot decide inter se disputes If there is any unauthorizecl construction by respondent Nos'7 and 8 or t proceeding with the construction without obtaining pennisston respondent, he will take action against respondent Nos'7 accordance with the procedure taid down under Telangana MuniciPatities Act, 20 1 9' f they are to9in - trom l, ^nil

4. Sri K'Mahender Reddy' r'eamed counsel appearing for respondent Nos'7 and 8 on instructions would submit that there are disputes between petitioner's family and respondent Nos'7 and 8 and petitioner has submitted a representation dated 18'12 2024 to respondent to adjudicate the same and filed the present writ petition alleging non- consideration of the said representatlon'

5. ln thc light of the said discussion' this Writ Petition is disposed of directing 2""respondent to inspect the subject propefiy' If there is any unauthorizecl construction by respondent Nos T and 8, he shall take action against respondent Nos'7 and 8 strictly in accordance with the procedure laid down under Telangana Municipalities Act' 2019 by putting the petitioner, respondent Nos.7 to 9 on notice and aflording them an opportunity of hearing. However, he shall complete the said exercise within a period of four (04) weeks from the date of receipt ol a .) :rr- .":4\W - 3 copy of this order. 2nd respondent is directed not to adjudicate or consider inter se disputes between petitioner and respondent Nos.7 and 8 with regard to subjecr propefty. Miscellaneous perir.rons pending, ilany. shall stand closed. There shall be no order as to costs. Consequently, miscellaneous petitions, petition, shall stand closed. if any, pending in rhis writ I I , t I l To, 2 3 4

5. 6 7 8 //TRUE COPY// SD/. P. CH. D If8+BHUSHAMBA SECTION OFFICER IlEIJ:if X,t"r1:13y,yo,,.'o u D Departm en riat State of [,:?3rTil:]i::ffi ['#J|T,T,g:NizampetMuniciparcorporatinAtNizampet, The Diskict Collector, Medchal_Malkajgiri District, At Malkajgiri, T.S The Revenue Divisional Officer, Medchal_Malkajgiri District, At Malkajgiri, T.S Tafrsiloar, Bachupalty Mandat, At Bachupalty, lvtedchat_Matkajgiri District, f[e il,X?"T:ilif,li:ji:; B[i?iJi ?aijffi# S,?ig: One CC to SRt SURESH SH|V SAGAR, Advocate. [OpUC] Two CCs to Gp FOR MCPL ADMN URBAN DEV, High Court tor the State of I elangana. [OUT] starion, At Bachupa,,y, toPUcl s 919 9^9 to sRt KR|SHNA REDDY purrA, SC FOR MuNtcrpAltry/rvc. 10.Two CCs to Gp FOR REVENUE, High Court forthe State of Telangana at Hyderabad. [OUT] Hyderabad. [OUT] 1 1. Two CCs to Gp FOR HOME, High Court for the State of Telangana at 12.One cc to stvtT.K.sARALA IUAHENDER REDDY, Advocate. fopuc] 13.Two CD Copibs. BSK BM .< *-Y '-*.--1- 'r* HIGH COURT DATED:10 tO2l2O25 ORDER WP.No.16979 of 2024 ,,/ ,' t: .-]J'U '+, 1 0 it]t 2025 r't ,:t * ( .:. .,/ :;/ *,,t.:-.-----i. DISPOSING OF THE WRIT PETITION WITHOUT COSTS l I I I I I l