High Court · 2025

Reddv, S/o Sri Bhupal Reddy, Aged. 65 Years, Occ. MarrigJdem village, Yadagirigutta Mandal, Yadadri-Bhonigiri ...PETITIONER AND 1 2 3 4 6 The State of Telangana, represented by its Principal Secretary, Municipal Administration, Secretariat Buildings, Hyderabad, The Commissroner, Jangaon Municipality Jangaon District. Mekala Ramprasad, Sio. Siddilingam, Aged about 59 years' occ. business, R/o. Balaji Nagar, Jangaon town and District Badike Yadagiri, S/o. Narsaiah, Aged about 52 years, Occ. Agriculture R/o Beerappa Gadda, Jangaon town and District Methuku Venu Gopal Reddy, S/o. Goura Reddy, Aged about 55 years, Occ' Agriculture R/o. Gollawada, Jangaon town and District Manga Shanker, S/o. Yadagiri, Aged about 40 years, Occ. Agriculture R/o' Kurmwada, Jangaon town and District 7, Manga Siddulu, S/o. Ailaiah, Aged about 42 yeats' Occ Agriculture R/o' Kurmawada, Jangaon town and District B. Barla Ramchandram @Upender, S/o. Pedda Yadagiri, Aged about 38 years, Occ. Pvt employee, R/o. Gollawada, Jangaon town and District

9. Gulam Sandhani, S/o. Gulam Dasthgiri, Aged about 56 years, occ govt employee, R/o. Girnigadda, Jangaon town and District '10.Moku Kanka Reddy, S/o. Yadava Reddy, Aged-about 55 years, Occ CPM party leader, R/o. Gbllawada, Jangaon town and District '1 1. Budidha Gopi, S/o. Ramulu, Aged about 45 years, Occ. CPM party leader, R/o. Gollawada, Jangaon town and District ...RESPONDENTS Petition under Artrcle 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue a writ, order or dlrection' more particularly one rn the nature of a writ of mandamus decraring the inaction of the Municipal commissioner, Jangaon, 2nd respondent herein in disposing of the representation' dated 1 '1-07- 2025, made by the petitioner herein and not taking any action tn respect of the illegal c6nstruction works being carried out in Sy Nos 3B3/E/4 and 3B3iEi5 situatedatJangaontownanddiStrictaSillegal,arbitrary,improperandin violationofArticle3004oftheConstitutionoflndiaandconsequentlydirectthe Municipal Commissioner, Jangaon' 2nd respondent herein to dispose of the representation, dated 1 1-07-2025 filed by the petitioner herein in respect of the illegal construction works being carried out in Sy Nos 3B3/E/4 and 383/E/5 situated at Jangaon town and district in the interest of justice' IA NO :1OF 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 the Municipar commissioner, Jangaon, 2nd respondent to dispose of the representation, dated 11-07 -2025 made by the petitioner herein to take action against the illegal construction works being carried out in Sy Nos 383lEl4 and 3g3/E/5 situated at Jangaon town and district pending disposar of the above writ petition. Counsel for the Petitioner: SRI ASHOK REDDY KANATHALA Counsel for the Respondent No'1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No'2: SRI PUTTA KRISHNA REDDY' SC FOR MCPL The Court made the following: ORDER HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.21907 OF 2025 ORDER: This writ petition is filed seeking to declare the action of respondent No.2 - Commissioner, Jangaon Municipality, in not disposing of the petitioner's representation dated 11.07.2025 regarding action to be initiated for unauthorised construction being carried out in Survey Nos.383/E/4 and 383/E/5 situated at Jangaon, as being illegal and unconstitutional.

2. It is the case of the petitioner that he is the absolute owner and possessor of the agricultural land to an extent of Acs.l-20 guntas in Survey No.383/E and Acs. l-03 guntas in Survey No.383/E/5, total land admeasuring Acs.2-23 guntas, situated at Jangaon Village and Revenue Mandal, Jangaon District, having purchased the same vide document No. 1048 of 2002 dated 22.06.2002 from his matemal grandmother and under Registered gift settlement deed bearing document No.10770 of 2018 dated 03.11.2018. The petitioner was issued pattadar passbook No.T23060180129. While so, when respondent Nos.3 to 11, who claim to be the plot purchasers of the adjacent land in Survey No.400/A, tried to encroach upon the subject land, the petitioner filed a suit in 2 O.S.No.623 of 2024 in the Court of the principal Junior Civil Judge, Jangaon, for perpetual injunction restraining responde,t Nos.3 to i 1 from interfering with his possession in respect of the subject land. By order \ dated 30.09.2024, the trial Courr granted ex parte ad-interim injunction and the same is still subsisting. Despite the same, respondent Nos.3 to 11 are trying to encroach upon the subject lands of the petitioner and make unauthorised construction, as such, the petitione r submitted the representation dated 1 1.07.2025 to respondent No.2 to take action against the illegal construction being carried out by respondcnt Nos.3 to ll, however so far, action has not been initiated on the said representation.

3. Heard Mr. Ashok Reddy Kanathala, learned counsel for the petitioner, and Mr. Putta Krishna Reddy, learned Standing Counsel for Municipalities, appearing for respondent No.2, and perused the material available on record.

4. Leamed Standing Counsel for respondent No.2 submitted that appropriate action will be taken on the representation of the petitioner dated 11.07.2025.

5. In view of the above submission, the writ petition is disposed of directing respondent No. 2 to act upon the petitioner's representation J dated I 1.01.2025, by giving an opportunity of hearing to the petitioner and respondent Nos.3 to 11, and pass orders, in accordance with law, within a period of four (4) weeks lrom the date of receipt of a copy of this order. No order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed. //TRUE COPY// SD/-K. SREE RAMA MURTHY EPUTY REGISTRAR SECTION OFFICER To,

1. The Principal Secretary, .tVlunicipal Administration, Secretariat Buildings, Hyderabad, State of Telangana.

2. The Commissioner, Jangaon Municipality Jangaon District. 3. One CC to SRI ASHOK REDDY KANATHALA, Advocate [OPUC] 4. Two CCs to GP FOR MCPL ADMN URBAN DEV, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD Copies BSR BS HIGH COURT DATED:2810712025 t ,.. \ .!\ ;, L) ORDER WP.No.21907 of 2025 30JUI26 \ \ o ar- DISPOSING OF THE WRIT PETITION, WITHOUT GOSTS ?K \il