Malladi Harish v. 1. The State of Telangana

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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of Respondent Nos.2 to 5 in interfering with the petitioners property in open Plot Nos.2 and 4 (Bit Nos.2 and 4) admeasuring 442 sq. yards each in Sy.No.1 35 situated Mackiaguda Village, Serilingampally Mandal, Ranga Reddy District without having any right, title and interest and without following due process of law as illegal, arbitrary, unconstitutional and contrary to the provisions of GHMC Act '1955 and consequently direct the Respondent Nos.2 to 6 not to interfere with the peaceful possession and enjoyment of the Petitioners property in open Plot Nos.2 and 4 (Bit Nos.2 and 4) admeasuring 442 sq. yards each in Sy.No.'1 35 situated Madinaguda Village, Serilingampally Mandal, Ranga Reddy District without following due process of law. |.A.NO:1 OF 2025 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 Respondent Nos.2 to 6 not to interfere with the peaceful possession and enjoyment of the Petitioners prope(y in open Plot Nos.2 and 4 (Bit Nos.2 and 4) admeasuring 442 sq. yards eash in Sy.No.135 situated Madinaguda Village, Serilingampally Mandal, Ranga Reddy District without following due process of law, pending disposal of the above writ petition. Counsel for the Petitioner : SRI C.HARI PREETH Counsel for the Respondent No.1 : GP FOR MCPL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No.2 : SRI V.SIDDHARTH GOUD, LEARNED COUNSEL, REPRESENTING SRI V.NARSIMHA GOUD, LEARNED STANDING COUNSEL FOR THE HYDERABAD METROPOLITIAN DEVELOPMENT AUTHORTW (HMDA) Counsel for the Respondent Nos.3 to 5 : SRI G.MADHUSUDHAN REDDY, LEARNED STANDING COUNSEL FOR THE GREATER HYDERABAD MUNtCtPAL CORPORATTON (GHMC) The Court made the following ORDER - THE HONOURABLE SRI JUSTICE B' \TJAYSEN REDDY WRIT PETITIONN o.17597 oF 2025 ORDER: This writ petition is filed by the petitioner seeking to declare the action of respondent Nos.2 to 5 in interfering with his property bearing Plot Nos.2 and 4 (Bit Nos.2 and 4) admeasuring 442 square yards each in Survey No'135 situated at Madinaguda Village' Serilingampally Mandal, Ranga Reddy District' without following due process of law, Gontrary to provisions of the Greater Hyderabad Municipal Corporation Act 1955 (for short 'GHMC Act'), as being illegal and arbitrary'

2. Heard Mr. C. Hari Preeth, leamed counsel for the petitioner' MI.V'SiddharthGoud,learned.counsel,representing Mr.V.NarsimhaGoud,leamedstandingcounselforthe Hyderabad Metropolitan Development Authority (HMDA)' appearing for respondent No'2' Mr' G' Madhusudhan Reddy' leamed standing counsel for the Greater Hyderabad Municipal Corporation (GHMC), appearing for respondent Nos'3 to 5' 2

3. It is claimed that the subject property originally belonged to one M-r. T. Mallesh and three others, which is a patta land admeasuring Ac.O- 14 guntas ln Survey No.135 situated at Madinaguda Village, Serilingampally Mandal, Ranga Reddy District. The above said persons sold 422 square yards out of Ac.0-14 guntas in favour of Mr. P. Narender Kumar through their registered GPA hotder, namely Mr. Y. Ravinder, under registered sale deed bearing document No.953 of 2007 dated 12.01.2007. As there was mistake in the schedule propeffy, a rectification supplementary deed bearing document No.6676 of 20ll dated

25.07.2011 was executed in favour of Mr. P. Narender Kumar. 4 It is submitted that another plot admeasuring 422 square yards was sold by Mr. T. Mallesh and others through their GpA holder, namely Mr. Y. Ravinder, to Mr. P. Narender Kumar under registered sale deed bearing document No.954 of 2007 dated

12.01.2007. As there was mistake in the schedule property, rectification supplementary deed bearing document No.6674 of 20ll dated 25.07.2011 was executed in favour of Mr. P. Narender Kumar. Thus, Mr. P. Narender Kumar who 3 became absolute owner of the land admeasuring 884 square yards in Survey No.l35 i.e., subject properry sold the same in favoul of Mrs. Chandra Bhootakhsmi under registered sale deed bearing document No.2752 of 2012 dated 07.03.2012. Mrs' Chandra Bhootakshmi sold the subject property in favour of the petitioner herein under registered sale deed bearing document No'7246 of 2013 dated 10.04.2013. Since the date of execution of sale deed, the petitioner is in absolute possession and enjoyment of the subject property

5. It is submitted that application was filed by the original owner, namely Mr. P. Narender Kumar, before the Special Officer and Competent Authority, ULC, Hyderabad, on 24'07'2007 for grant of No Objection Certificate (NOC) and ULC Department has reported to the Commissioner, Serilingampally Municipality, vide Lr.No.H2/I053AIOC/07, that there is no objection for an extent of

1404.68 square meters (Ac.0-14 guntas) in Survey No'135 situated at Madinaguda Village, Serilingampally Mandal, Ranga Reddy District, either for development or for sale by enclosing the sketch of Survey No.l 35 and Town Naksha. J I 4

6. It is submitted that the predecessors in title of the petitioner applied for regularization under Layout Regularization Scheme (LRS) and proceedings No.LRS/l7l9lCr.l2lWZlGIlMCl200$ dated 05.08.201I were issued in respect of the subject property. It is submitted that land to an extent of Ac.0-14 guntas in Survey No. 13 5 was demarcated and ' panchanama was conducte d vide Memo No.MS.Bl6l/2012 dated 06.06.2012. That surprisingly respondent No.6 vide Lr.No.B/I78/2015 dated 02.03.2015 informed the Assistant Director Survey and Land Records that the developer of the petitioner applied for NOC, and after inspection it was reported that the land in Survey No. 135 admeasuring Ac.0-14 guntas which includes the subject property is adjacent to the northem boundary of Survey No. 100 of Miyapur Village which is a Govemment land; the Mandal surveyor prepared a combined sketch of the land applied for NOC (Survey No.135), which is adjacent, and touching upon the Govemment land (Survey No.100) in Miyapur Village

7. It is submitted that once the surveyor demarcated the land in Survey No.135 to an extent of 1694 square yards (Ac.0-14 guntas), 5 NOC was given, regularization proceedings were also concluded' taking undue advantage of the letter of respondent No'6 dated 03.08.20 I 5, respondent Nos'2 to 5 are sending their sub.ordinates who are interfering with peaceful possession and enjoyment of the petitioner over the subject properfy' It is submitted that respondent authorities are interfering 8. with the possession and enjoyment of the petitioner over the subject property at the insarrce of local politicians and without \ \ following due Process of law' I i g. tn the light of the above documents i'e'' sale deeds' LRS proceedings dated 05.08.2011 and Memo dated 06'06'2012' showing demarcation of the subject property of the petitioner along with panchanama, in the opinion of this Court' the petitioner appears to be in possession and enjoyment of the subject property'

10. Accordingly, the writ petition is disposed of directing respondent Nos.2 to 5 not to interfere with the property of the petitioner i.e., Plot Nos.2 and 4 (Bit Nos'2 and 4) admeasur\ng 442 square yards each in Survey No' 135 situated at Madinaguda 6 Village, Serilingampally Mandal, Ranga Reddy District, without following due process of law. This order shall not be construed as expression of opinion regarding the title of the petitioner over the subject properfy. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed. ./TRUE COPYil GOPAL ISTRAR / 'I SECTION OFFICER d Urban Development To 1 The Principal Secretary, Municipal Administration Department, Secretariat, State of Telangana at H yderabad.

2. The Commissioner, Hyderabad Metropolitan Development Authority, Sanjeeva Reddy Nagar Rd., Srinivas Nagar, Ameerpet, Hyderabad.

3. The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund, 4. The Zonal Commissioner, GHt\,4C (West Zone), Serilingampally, Ranga Reddy Adarsh Nagar, Hyderabad, T.G.

5. The Deputy Commissioner, GHMC, Circle No.20, Serilingampally, Ranga District. Reddy District.

6. The Deputy Collector and Tahsildar, Serilingampally Mandal, Ranga Reddy 7. Two CCs to GP FOR MCPL ADMN AND URBAN DEVELOPMENT, High District. Court for the State of Telangana at Hyderabad. [OUT] B. One CC to SRI C.HARI PREETH, Advocate tOpUCl 9. One CC to SRI V.NARSTMHA GOUD, LEARNED STANDTNG COUNSEL FOR THE HYDERABAD METROPOLITIAN DEVELOPIUENT AUTHORITY (HMDA),.Advocate (OPUC)

10.One CC to SRI V.NARSTMHA GOUD, LEARNED STANDING COUNSEL FOR THE HYDERABAD METROPOLITIAN DEVELOPMENT AUTHORITY (HMDA), Advocate (OPUC) SA GJP '1 1. Two CD Copies 6 HIGH COURT DATED:2 510612025 lttE St4 16 a< ,t ii $EiltL ffi \ 4 t t)F S pA.TC .t * * c) ORDER WP.No.17597 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. ag+o W