✦ High Court of India · 30 Jul 2025

The High Court · 2025

Case Details High Court of India · 30 Jul 2025
Court
High Court of India
Decided
30 Jul 2025
Bench
Not available
Length
1,115 words

6. Sri.Parne Malta Reddv S/o. Late parne Janaiah Aged . Major, Occ. Business. C/o. p.M.R. pouttry Fdim. it aciuh pir. +?+]'ial[rr, Tetansana _ soB2B4. .....RESPONDENTS Petition Under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue any writ, or order or direction more particurarry one in the nature of writ of mandamus charenging the action of the respondent no.2 to 5, in not considering the representation dated 07 -07 -2025 and 15-07-2025 and not initiating any action against the removar of tempres, wa, and creating a way from the land in sy No.82 of Jararpur Virage, Boodhan pochampary Mandar, yadadri- Bhongir District, which was gifted in favour of respondent No.4 through a registered Gift Deed vide doc.no.'1548t2021 dated 06-02-2021 lor the purpose of construction of Hospitals, schools and other things that are useful for the residential plot owners, which is illegal, unlaMul, unfair' abuse of power interested by law, abuse of official capacity and possession and violative of articles 14, 19,21 and 300-A of the constitution of lndia and consequently direct the Respondent no.2 to 5 to consider the representation of the petitioner dated 07 -07 -2025 and 15-07 -2025 by closing the way created by the respondent no.6 to his land from the land in sy. No.B2, situated at Gram Panchayath Jalapur village, Pochampalty ftlandal, Yadadri - Bhongir District |.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 restrain the the respondent no.6, his agents, from interfering with the land in Sy.No.B2admeasuring200Ssq'yards,situatedatGramPanchayathJalapur Village, Pochampally Mandal, Yadadri -Bhongir District, which was gifted in favour of respondent No.4 for charitable purpose, pending disposal of writ petition. Counsel for the Petitioner : SRI PAYALLA CHANDRA SHEKAR Counsel for the Respondent Nos.1 to 3 : SRI L'RAVINDER, AGP FOR REVENUE Counsel for the Respondent Nos.4 & 5 : SRI K.PRADEEP REDDY Counsel for the ResPondent No.6 : - The Court made the following ORDER ,' HON'BLE SRIJUSTICE K. LAIGHMAN WRIT PETITION No.22255 oF 2025 ORAL ORDER: Heard Mr. Chandrashekar payalla, learned counsel for the petitioner, Mr. L. Ravinder, leamed Assistant Govemment pleader for Revenue appearing on beharf of respondent Nos.r to 3 and Mr. K. Pradeep Reddy, learned standing counser for respondent Nos.4 and 5. 2 The petitioner,s husband has executed a Gift Settlement Deed bearing document No.l54g of 2021, dated,06.02.202l, admeasuring 4165 square yards in Survey No.g2 of Jalalpur Village, Pochampally Man dal, Yadadri-Bhongir Dishic! in favour of respondent No.4 for the purpose of charitable public use, such as construction of hospitals, schools and other things that are useful for residential plot owners purpose or public at large. .lherefore, respondent Nos.4 and 5 have to protect the said property. Respondent No.6 occupied the said properry and raid a road in the said land. Therefore, the petitioner has submitted a representation dated 05.07.2025 to respondent Nos.2 to 5 with a request to remove the said encroachment and clear the said land. It has to be used for the aforesaid purposes only. Despite receiving and acknowledging the 2 KI.' W P. No.22255 o12025 said representation, respondent Nos 2 to 5 did not act upon the same' Aggrieved b1'thc said inaction of respondent Nos'2 to 5' the petitioner filed the present writ Petition'

3. Whereas, Mr. K. Pradeep Reddy, leamed Standing Counsel for respondent Nos.4 and 5, on instructions, would submit that the Panchayat Secretary of respondent No'4 requested the petitioner to show the subject tand i.e., 4165 square yards in Survey No'82 of Jalalpur Village including boundaries, to enable respondent No 4 to protect the same and also use the said land for the aforesaid purpose- Instead of showing the boundaries of the aforesaid land' the petitioner approached this Court. If the petitioner co-operates with the Panchayat Secretary of respondent No'4' he wi[l resolve the issue in accordance with law by aflbrding an oppornrnity to the petitioner and respondent No.6. ln the light of the same, notice to respondent No 6 is dispensed with.

4. In view of the aforesaid discussion, this writ petition is disposed of directing the petitioner herein to co-operate with respondent Nos.4 and 5 by showing the aforesaid land including boundaries and on showing the same, respondent Nos'4 and 5 shall proteg the said land by removing encroachments lf required' L I l I I I I, t -'.j, 1 3 KL,I W.P. No.22255 of202i respondent Nos.4 and 5 shall take assistance of respondent No.3 and also local police. If the petitioner fails to co_operate with respondent Nos.4 and 5, it is for respondent Nos.4 and 5 to take steps in accordance with law. However, respondent Nos.4 and 5 shall complete the entire exercise within two (02) weeks from the date of receipt of copy of this order. In the circumstances of the case, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition shall stand closed. //TRUE COPY// SD/- N.CHANDRA SEKHAR EPUTY REGISTRAR SECTION OFFICER 1 2 3 4 riat, State of . The Principal Secretary, Revenue Department, Sec Telangana at Hyderabad. The District Collector, Yadadri-Ehongir District. The Tahasildar, Boodhan Pochampa-lly Mandal, yadadri_Bhongir District The G.rampanchyjrth, Jalalpur Village,'Boodhan pochampally tVlandal, Yadadri-Bhongir District. 5. The Mandal Parishad Development Officer, Jalalpur Village, Boodhan ^ PochampallyMandal, yadadii-BhongirDisirict 6. Two CCs to GP FOR REVENUE, Hidh Court for the State of Tetangana at 7. One CC to SRI PAYALLA_C_HANDRA SHEKAR, Advocate [OPUC] 8. One CC to SRI K.PRADEEP REDDY, Advocate (OPUC) 9. Two CD Copies Hyderabad. [OUT] \ l / I I I l I I To SA PS C.C. TODAY HE SIA 1 0 1 [Ll$ 2025 .1, , 4., () () * = HIGH COURT DATED:3010712025 I I t I ORDER WP.No.22255 of 2025 DTSPOSING OF THE W.P WTTHOUT COSTS. 0

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