JAANVIKAINFRA & DEVELOPERS PVT. LTD v. 1. The State of Telangana

Petition Under Article 226 o'f lhe Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ or Direction more particularly one in nature of writ of Mandamus declaring the action of the Respondent No. '1-2 not considering the Petitioner's Representattons dated. 16-07 -2025 and not demolishing the Precast which was contracted by the thrrd parties without any right title in Ac 42-39 gts Sy No. 627-638 situated at Patancheru village and Mandal sangareddy is against to the Article 14 and 21 of the constitution, and Principles of Natural Justice and direct the Respondent No. 1-2 to consider Representations after making thorough enqutry and to demolish the precast which was constructed by the thrrd parties/ Unknown persons in SY No 627 -638 situated at Patancheru Vi lage and Mandal sangareddy. l.A.NO :1 OF 2025 a PetitionUnderSectronl5lCPCprayingthatinthecircurtstancesStatedin the affidavit filed in support of the petition' the High Court nay be pleased to direct the 1-2 Responderrt to stop further construction of in Sy No 627 -638 Ac42.situated at Patanch€ru Village and Mandal sangareddy' p:nding disposal of the main writ Petition, Counsel for the Petitioner : SRI P'ACHUT RAMA SHASTRY Counsel for the Respondent No.1 : GP FOR MCPL ADMN ANt) URBAN DEVELOPMENT Counsel for the Respondent Nos'2 & 3 : SRI PUTTA KRISHNI' REDDY' SC FOR MUNICIPALITIES The Court made the following ORDER I THE HONOURABLE SRI JUSTTCE B. VIJAYSEN REDDY WRIT PETITION No.23280 OF 2025 ORDER: This writ petition is hted by the petitioner seeking to declare the action of the respondent authorities in not considering his representation dated 16.07.2025 and not demolishing the Precast compound wall constructed by the third parties in the land admeasuring Acs.42-39 guntas in Survey Nos.627 to 638 situated at Patancheru Village and Mandal, Sanga Reddy District, as being illegal and arbitrary.

2. Heard Mr. P. Achyutha Rama Shastry, learned counsel for the petitioner, and Mr. Putta Krishna Reddy, leamed Standing Counsel for Municipalities for respondents-

3. The case of the petitioner is that it entered into Agreement of sale - cum - General Power ol Attorney in respect of the land admeasuring Acs.06-00 guntas in Survey No'627, Acs'08-28 guntas in Survey No.637, Acs.03-22 guntas in Survey No'63 1, Acs.02-3 I guntas in Survey No.629, Acs.04-3 I guntas in Survey No.630, Acs.02-01 guntas in Survey No'630, Acs'03-06 guntas in 1 2 Survcy No.63 I and Acs.06-00 guntas in Survey No.( j0 situated at Patancheru Village and Mandal, Sanga Reddy District, rvith the owners of the land. That, owners - vendors of :he petitioner acquired the ow,ership to the subject land under 3gr certillcate as per the provisions of the Telangana Tenancy anr Agricultural Lands Act 1950. W.P. No. 19626 of 2024 was filel by the land owners through the petitioner herein as GpA which u,as disposed of by this court by the order dated 23.07 .2024 directi rg rhe District Collector, Sanga Reddy District, to consider the onlir.e applications submitted by the petitioner for mutating its name i r the revenue records by affording opportunity of hearing to the retitioner and other affected persons.

4. It is submitted that some third (3.d) parties und,:r the guise of fabricated and bogus documents and General powe of Attomey, got the name ,rf Industrial Employees Co_Oper.r rive l{ousing Building Societl, limited represented by Mr. V. Nar.ryan Rao and others as owtlers of the land in Survey Nos.62l to 63g and constructed precast wall in the subject land. On corring to know, the petitioner submitted representation dated I .).07 .2025 to / 3 respondents for demolishing the precast wall. However, action has not been initiated, as such, the petitioner is constrained to approach this Court.

5. Leamed standing counsel for rhe Municipalities submitted that relief in this writ petition cannot be granted, unless the petitioner has valid title to the property and details of alleged encroachment are specifically mentioned. The petitioner claims to be the agreement holder and filed this writ petition in the capacity of the agreement holder. In any case, the rights of the petitioner over the subject land cannot be decided by this writ petition. W.P. No. 19626 of 2024 was disposed of by this Court by the order dated 23.07.2024 directing the District Collector, Sanga Reddy District, to dispose of the online applications of the petitioner/landowners, by putting them and other interested persons on notice, in accordance with law. But, so far no orders have been passed in these applications.

6. Learned counsel for the petitioner stated that mutation applications are pending consideration pursuant to the order passed by this Court and so far orders have not been passed. I I I -- I 4 7 There art, no documenh filed by the petitionr,l to primafacie prove the ownersh IP over the subject land. N,rither paftadar ooks nor revenue records were filed in suppo t of its claim. when the mutation applications of the petitionr r/land owners are pending, the instant relief sought in this writ per tion which is conscquential in nature, cannot be granted. Thus, 8 to the petitioner Accordingly, the writ petition is disposed of, gr. rnting libertv to approach respondent authorities after online uant to the order of this Court in W. ). No. 19626 07.2024, have been favourably consi,lered by the Sanga Reddy District. .l here shall 5e no order applications purs of2024 dated23. Districr Collector, as to costs. Asa sequel thereto, miscellaneous applicatio rs, if any, pending in the writ petition stand closed. To //TRUE COPYII SD/.K. SREE RAMA MURTHY DEPL TY REGISTRAR /.U. SE()TIoN oFFIcER ' Iffii:i:fal Secretarv, Municipal Department, State of rera )sana ar Greater Hvderabad Municipat corporatio r Tankbund, ' I}:"?:[Tissioner, 3' The Deputy commissi,rner, Greater Hyderabad Municipar co poration circre . No.22. Patancheru, Sanoareddv 4, IWO CCS tO GP FOR T/iPL AD'MN AND URBAN DEVELOPI IF NT HiOh 5 one cc to sRt p ACHUi R-Arun siXdiiiV'ioiitare [opu( )l . purr A K R I s Hr.ra nEiiov,'s8i'dn r,a ur.r r c, r,A L rr I E s. Rff"B;iJiSS; 7 Two CD Copies ,\-Dv Court for the State of I etang.ana ai uvo-"rlo)"jlibLrf SA BS I \ l :=- :|r,, .; l.r i ,<1 ',,, o". 20 ![P '/ffi it, ...';. \^ .// HIGH COURT DATED:0410912025 ORDER WP.No.23280 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. \,r 9eL1