The High Court · 2025

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 a writ, order or direction more particularly a writ in the nature of Mandamus, declaring the action of the Respondent Authorities, particularly the 3rd Respondent in not handing over the Petitioners Property:i.e., Plots bearing No. 8 and 9 in Sy. No. 106/P and 1OT1P, admeasuring 238 Sq. Yards respectively, situated at BTS Colony, Vikarabad Town and Municipality, Vikarabad District as arbitrary, illegal, unauthorized, Violative of Articles 14 and 300-A of the Constitution of lndia and Violation of Principles of Natural Justice and consequently direct the Respondent No.3 to hand over the Plots bearing No. 8 and 9 in Sy. No. 106/P and 1071P, admeasuring 238 Sq. Yards respectively, situated at BTS Colony, Vikarabad Town and Municipality, Vikarabad District. lA NO: 1 OF 2024 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 Respondent No.3 herein to hand over the Plots bearing No. 8 and 9 in Sy. No. 106/P and 107lP, admeasuring 238 Sq. Yards respectively, situated at BTS Colony, Vikarabad Town and Municipality, Vikarabad District. Counsel for the Petitioners: SRl. JELLA SRIKANTH Counsel for the Respondent No 1: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Gounsel for the Respondents No 2 & 3: SRI PUTTA KRISHNA REDDY SC FOR MUNICIPALITIES The Court made the following: ORDER THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY PETITI ONN oF 2024 ORDER: (ORAL) This writ petition is filed by the petitioners seeking to declare the action of respondent authorities in not handing over their property bearing Plot Nos.8 and 9 in Survey Nos.106/P and loTlP admeasuring 238 square yards each situated at BTS Colony, vikarabad Town and Municipality, vikarabad District, as being illegat and arbitrary. Z. Heard Mr. Jella Srikanth, leamed counsel for the petitioners, and Mr. Putta Krishna Reddy, learned standing counsel for the I Municipalities, appearing for respondent Nos'2 and3'

3. It is submitted that the petitioner No.l along with others developed layout bearing No.68/84 admeasuring 3581.60 square yardsinSurveyNos.lOTandl0TsituatedatBTSColony, vikarabad Municipality. The Plot Nos.8 and 9 in survey Nos.106/P and 1071P admeasuring 238 square yards each was sold by the petitioner No.l to one Mr. sury anatayana Murthy Pulleta under registered sale deed beurtydocument Nos'912 of 2003 and ./i 2 W.P. No.24324 of 2024 Date l9.l1.2025 914 of 2003 dated 08.05.2003. Mr. Suryanarayana Murthy Pullela thereafter transferred the above plots in favour of his elder sister by name, Mrs. Rallapalli Lakshmi, under registered gift settlement deed bearing document No.2892 of 2009 dated 1 1.08.2009 Thereafter, Mrs. Rallapalli Lakshmi executed registered sale deeds bearing document Nos.l739 of 2013 and 1738 of 2013 dated

30.03.2013 in favour of the petitioner No.2 in respect of the above

4. It is stated that respondent No.3 interfered with the open space admeasuring 3581 square yards forming part of layout No.6Il84. Aggrieved thereby, W.P. No.9754 of 2006 was filed by the petitioner No.1 against respondent No.3. The said writ petition was allowed by the order dated 24.10.2013 by holding that the claim of respondent No.3 that open space is park in the layout No.6ll84 is illegal. Further, it was observed that if respondent No.3 intends to construct the park in public interest, they are liberty to acquire the land of the petitioner No.2 \ I 1 I, a-) 3 W.P. No.24324 of 2024 Date 19.l1.2025

5. It is submitted that thereafter petitioners have been making representations to respondents to deliver the possession of the subject property by implementing the order of this Court in W.P. No.9754 of 2006 dated 24.10.2013. Respondent No.3 addressed a letter to the petitioners vide Lr.No.C/20812006 dated 26.02.2014 requesting them to pay an amount of Rs.2,30,000/- towards cost of construction of compound wall by respondent No.3. Petitioners contended that they made several representations to respondent No.3 not to demand the above amount and deliver the possession of the subject property. However, there was no response from the Municipal authorities, as such, they filed the instant writ petition.

6. Respondent No.3 filed counter affidavit inter alia stating that originally, the layout was made in the year 1972. The subject land claimed by the petitioner is earmarked for open space, and the same is used for public purpose by the local residents and a park was devetoped for children and local residents. It is stated in paragraph No.1 1 of the counter affidavit that two (2) weeks time is required to explore the options of land acquisition/allot altemate plots or TDRs etc. to the petitioners in terms of the order passed by 4 W.P. No.24324 of 2024 Date l9.l1.2025 this Court in W.P. No.9754 of 2006 dated 24.10.2013, as the land is already used tbr public utility.

7. In view of the categorical statement made by learned standing counsel for respondent No.3 that order of this Court in W.P. No.9754 of 2006 dated 24.10.2013 is being complied with, respondents are directed to initiate land acquisition proceedings for acquiring the subject property or allot alternate land or issue TDR certilicate for the property of the petitioners bearing Plot Nos.8 and 9 in Survey Nos.l06/P and 107/P admeasuring 238 square yards each situated at BTS Colony, Vikarabad Town and Municipality, Vikarabad District. This entire exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.

8. With the above observations, the writ petition is disposed of. There shall be no order as to costs \ \ 5 W.P. No.24324 of 2024 Date 19.11.2025 As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. ,l Sd/.P.C SULE ASSISTANT TRAR //TRUE COPY// ECTION OFFICER To,

1. lf9 erilgtqal Secretary, Municip_alAdministration and Urban Development, State of Telangana, Secretariat Buildings, at Hyderabad.

2. The commissioner and Director,, Municipar Administration and Urban Development, Telangana State, Hydera6ad.

3. The Commissioner, Vikarabad Municipality, at Vikarabad. Vikarabad District 4. One CC to SRl. JELLA SR|KANTH, Advocate tOpUCl 5. Two CCs to GP FOR MUNICIPAL ADIUINISTRATION & URBAN DEVELOPMENT, High court for the State of relangana at Hyderabad. [oUT]

6. One CC to SRI PUTTA KRISHNA REDDYSc FoR MUNICIPALITIES , [OPUC] t. Two CD Copies u t DaN HIGH COURT DATED:1911112025 l o() t t THE S , 0 6 JAN 2026 ..: :rt * .,-n t, ORDER WP.No.24324 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS b Ir lat €