High Court · 2025

I AVS Kumar, $/o. (late) A Ramarao, Aged about 65 years, Retd. Railway Emploiee, R1o. C/o. A. Narayana Kailash, Flat No. 133, E- Block, Vijayqsri Eldorado, Bidare Agrahara, Bangalore, Karnataka - 560067 Rqp by his POA holder, N. Mqdhu Babu, R/o. Flat no. 113, Lakshmi Towers, Lalita Nagar, Vishakhapatnam - 530016 tO.T Vani, Wo. T. Satya Prakash, Aged about 57 years, Qcc. Hquse ryife R/q. 25-4-461,Vishnupuri'Kazipet,Hanumakonda.-506003-

11.Y. Nirmala, Wo Y Chandrasena Reddy, Aged about 53 years, Occ House wife, R/o. H. No. B- 63, Peerzadiguda, Medipally Mandal, Medchal - Malkajigiri. - 500098

12. B. Rattan Kumar, S/o. B. Hemadri, Aged about 5'1 yeirrs, R/o. H. No. 3- 50 Achampet Taluk, Mahaboobnagar District. ...PETITIONERS AND 1 2 3 4 5 t) The State of Telangana, Rep Ey its Special Chief $s6r6;qry, Municipal Administration and Urban Development, MA and UD, Sercretariat, Hyderabad. Hyderabad Metropolitan Development Authority, Rep. b'' the Commissioner, Swarna Jayanti Complex, Sanjeeva Reddy Nagar, Srini\,asa Nagar, Ameerpet, Hyderabad - 500038. Ghatkesar Municipality, Bep by the Cgmmissioner, Ghatkesar, Medchal Malkajgiri The Mandal Revenue Officer, thatkeQar Mandal, Mande I Revenqe Qlfice, Ghatkesar Mqndal, Medchal Malkajgiri The Metropqlitan ClairmSn and Chairman Lake Protecti >n, Hyderabad Metropolitan Development Authority, Swarna Jayanti Co,x'plei, Sanjeeva Reddy Nagar, Srinivasa Nagar, Ameerpet, Hyderabad - 't00038. The lrrigation and CAD Department, Represented by Ex,:cutrvq Engineer, I and B Divisiqn. Hyderabad lnigation circle, R. R. Distric,. ...RESPONDENTE Retitlon undgr Article 226 o{ the Censtitution of lndiir praying ttlqt in the circumsiances stated in the pffidqvif filed therewith, the High'Court may be pleased to issue a writ, order 9r a direction more partieularly one in the pature of writ of mandamus dgclaring the inagtign of Sgspondent No 2 in coosidgring the representations of the Fetitioners aF being illegal, arbitr;rry, Violative of the Principles of Natural Justice and Article 30QA of the Constitution of lndia and thereby cons-gquently to direct Respbndent Nc. 2 to dispose t.le repregenlations of the Petitioners within a reasonable period of tirne after giving them due opfortunlty A NO: I OF 2024 Petitiop under Section 151 CPC praying that in the cir(rumstances stated in the affidavit filed in support of the writ petition, the High Courl may be pleased to direct Respondent No.2 to consider the representations ol lhe Petitioners and paqs sugh other order or orders as this Hon'ble court deems fit and proper in the interest pf justice and circumstances of the case. Counsel for the Petitioner: SRI PAMIDIGHANTAM PATANJALI REPRESENTTNG SRI. P SRI RAM Counsel for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent Nos.2 & 5: SRI V. NARSIMHA GOUD SC FeR HMDA 3 (' Counsel for the Respondent NO.3: SRI PUTTA KRISHNA REDDY SC FOR MUNICIPALITIES Counsel for the Respondent NO.4: GP FOR REVENUE Counsel for the Respondent No.6: AGP FOR IRRIGATION AND COMMAND AREA DEV Thq Coyrt made the following: ORDER 1,..) THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.18454 OF 202'l ORDER: (ORAL) Heard Mr. Pamidighantam Patanjali, - lea ned counsel, representing,, Mr. P. Sri Ram, leamed counsel for lhe petitioners, Mr. V. Narsimha Goud, leamed standing counsel br Hyderabad Metropolitan Development Authority (HMDA), rppearing for respondent Nos.2 and 5, Mr. Putta Krishna Reddy, le rmed standing counsel for Municipalities, appearing for respondenl No.3, leamed Assistant Govemment Pleader for Revenue, and learned Assistant Govemment Pleader for Irrigation and Cot nmand Area Developrnent.

2. Grievance of the petitioners is that several representations were submitted by them from 2019 requestir g respondent authorities to consider their Layout Regularization llcheme (LRS) applications and accord approval, but the sane were not considered. Petitioners submitted individual repr:sentations to respondent No.2 for regularization of their plots purchased under 2 registered sale deeds from previous owners i.e., Mr. Balki Surya Prakash and Mr. Balki Shiva Prasad.

3. It is submitted that all the plots of the petitioners are forming part of Survey No.129 of Ghatkesar Village and Mandal. The land in Survey No.129 are not covered by water bodies. ln fact, M/s. Modi Builders and Realtors who owned land admeasuring Acs.5-00 guntas in Survey No.129 of Ghatkesar Village and M dal, has applied for layout approval for construction of individual houses and vide certificate dated 14.06.2006, the Executive Engineer, Irrigation and Command Area Development, I.B. Division, Ranga Reddy District, has confirmed that during the spot inspection and panchanama, the department could not find any relevant information of presence of water bodies or nearby water body in Survey No. 129 of Ghatkesar Village and Mandal, Ranga Reddy District.

4. Leamed standing counsel for HMDA submitted that applications of the petitioners for LRS is already been rejected which has not been challenged 3

5. Leamed counsel for the petitioners submitted rhat petitioners did not have any information regarding the certifi,.:ate issued by Irrigation Department tn favour of N4/s. Modi Builders and Realtors during the submission of their LRS applications.

6. In view of the aforesaid submissions, considering that M,/s. Modi Builders and Realtors has already been granted clearance certificate that their land admeasuring Acs.5-00 guntas in Survey No.129 of Ghatkesar Village and Mandal is rrot covered by water bodies, this writ petition is disposed of, directing respondent I , Nos.2 to 5 to consider the representations of the pe,.itioners dated

13.12.2019/20.t2.2023, 13.12.2019/27.12.2023 2t.t2.2023, I ,

07.12.2023, 28.02.2024, 23.03.2024, t9.01.2024 08.t2.2023, I 4. I 2.2023, 26.02.2024, 27 .02.2024 and 07 .05.202 I respectively for regularization of their plots in Survey No. 129 of Ghatkesar Village and Mandal, Ranga Reddy District, (earlier Ranga Reddy District), by duly taking note of the certificate datr:d 14.06.2006 issued by the Executive Engineer, Irrigation and C,rmmand Area Development, I.B. Division, Ranga Reddy District. in favour of M/s. Modi Builders and Realtors, and without relerence to the 4 rejection of petitioners' earlier LRS applications, if already made, and pass orders, by affording opportunity of hearing to the petitioners, within a period of six (6) weeks from the date of receipt of a copy of this order. In case, if the fepresentations of the petitioners are not available with respondent authorities, petitioners are at liberty to submit fresh representations. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed., //TRUE COPY// SD/.L. VIJAYA LAXMI SSISTANT REGISTRAR SECTION OFFICER To,

1. The Special Chief Secretary, Municipal Ad mtnt Developm ent, MA and UD, Sec retariat, Hydera tion and Urban

2. The Commissioner, HYd erabad MetroPolitan Deve lop ment AuthoritY, Swarna Jaya nti Complex, Sanjeeva ReddY Nagar, SrinivasaN agar, AmeerPet, Hyde rabad - 500038 Cf,riiJ"i.tr,tandal, Medchal Malkalgiri

3. The Commissioner, Ghatkesar Municipality' Ghatkesar' Medchal Malkajgiri 4. The Mandal Revenue Officer, Ghatkesar Mandal' Mandal Revenue Office' ' 5. The Metropolitan Chatrman and Chairman Lake Prolection' Hyderabad Metropolitan oevetopmen'i Ririrtoiiiy' S*utn' Jayanti Complex' Sanleeva 'il;iJi l U6'arls ;'r,";# i'ils;;, Aniderpet' Hvderabad - 5000 38' - elx85l,$?J8ffi :fl frt'-B,ill?,fi HJlhTi..Bis:Rl'fi 'J''""?i"utivef ngineer'r (g' I I 1' l1 i I

7. One CQ to SRI P SRI RAIM Advocate [OPUC] 8 One CC to Sftl V NARSIMHA GOUD Sa FOR HMDA^[OPUC] _ 9 ONC CQ tO SRI PU I]TA KRISHNA REDDY SC FOR MC OPUC] 10 Two CQs to GP FOR MCPL ADMN URBAN DEV ,High )ourt rar the State of Telangana. [9UI ' 11 Two QCq to QP lgr Revenue, High Courl for lhe S[qte of Telangana at Hyderabad. [OUT]

12.Two QQS tO Gfl FOR IRRIGATIQN AND COMMANP AREA DEV High COUTT \ \ for the $tate cif Telangana at Hy(erabad. [OUT]

13.Two QQ Copies KKS BS HIGH COURT DATED:0210512025 I , ORDER WP.No-{8454 of 2024 1;il. S lzr -,, (' (' a ) J 12 i tl'l zt$ * DFsn,." * DISPOSING THE WRIT PETITION WITHOUT COSTS \4