High Court · 2025

PRESENT THE HONOURABLE SRI JUSTICE B'VIJAYSEN REDDY WRIT P ETITION NO :23942 OF 2025 Between: Yi5#ir""r#elis,Jr"."[,XAfl',2Yfi :#$l'"]8i'3i;''"ii'iA?'ffi :':t5 B.ilh'Jlfi 'prI."nirv vlordri Bhongir District .....pETlTloNER AND ' I,?;".;ilffil J,ifl,Y,',Sil xif;3,{, :' 3 SJl:?:?#' l'T!"Jijil ;Y' 2. The Choutuppal Municipality' Rep' by its Commissioner' Choutuppal' Yadadri 3. The Assistant Executive Engineer' Roads and Building Department' " Cnirirpp'I, Yadadri Bhongir District' Bhongir District' n ici p a I i tv a n d ..,..RESPONDENTS PetitionUnderArticle226ol|heConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue an appropriate writ or direction' more particularly a Writ in the nature of Mandamus declaring the action of the respondents No'2 and 3 in interfering with the possession of the petitioner over the schedule property i.e' landadmeasuringAc0-30guntasinSy.No.236/A2SituatedatChoutuppalVillage and tvlandal, presently Yadadri Bhongir District' under the guise of road widening without issuing any notice under the Land Acquisition Act and notice dt 05-08- 2025 issued by the 2nd respondent as illegal' arbitrary and unconstitutio nal and consequently direct the respondent no 2 and 3 not to interfere with the possession of the petitioner over the schedule property ie land admeasuring Ac 0-30 guntas in Sy No 236/A2 situated at Choutuppal Village and Mandal' presently Yadadri Bhongir District, under the guise of road issuing any notice under the Land Acquisition Act. widening without l.A.NO: oF 202s 1 Petition Under Section '151 CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to issue an interim direction to respondent no. 2 and 3 not to interfere with the possession of the petitioner over the schedure property i.e. rand admeasuring Ac 0-30 guntas in sy No. 236rA2 situated at choutuppar Virage and Mandar, presen'y yadadri Bhongir District situated at choutuppar Nagaram Road under the guise of road widening without issuing any notrce under the Land Acquisition Act. pending disposal of the writ petition. Counsel for the petitioner: Ms. AYESHA HUMERA 3:fH,_H.JIl,"rRespondenr No.1 : Gp FoR McpL ADMN AND URBAN ;ilJlfflH,+r: Respondent No.2 : SRr purrA KRTSHNA REDDy, sc FoR FsffiTTi,r,ltffi,i,"Jsent No.3: SRr M.vrGNEswAR REDDY, c.p FoR The Court made the following ORDER HONOURABLE SRI JUSTICE B' VIJAYSEN REDDY WRIT PETITION No.2 3942 oF 2025 ORDER:(ORAL) Heard Ms. Ayesha Humera leamed counsel ior petitioner; Sri Putta Krishna Reddy Standing Counsel tbr Municipatity for respondent No'2; and Mr. M. Vigneswar Reddy Government Pleader for Roads and Building Department (R & B)'

2. The contention of the learned counsel for the petitioner is that the is the absolute owncr and possessor of land admeasurtng petitioner Ac-0.18 guntas in Survey Nos 23 5lA2 and Ac-0'30 guntas in Sy'No'236iA2 situated at choutuppal vilrage and Mandar (presentry yadadri Bhongir District). It is submitted that the respondent Nos'2 and 3 are interfering with the possession of the petitioners under the guise of road widening' It is stated that on the contrary Notice No'Gt/l27}l06l'lPsl2025' dated 05'08'2025 under Section 185 & 254 of the Telangana Municipalities Act' 2019 (for short 'Act') has been issued to the petitioner alleging that he has constructed temporary commercial sheds in road margin and obstructed the road develoPment work' It is submitted that the petitioner is absolute owner of the subject 3. property and allegation of encroachment is incorrect' The petitioner is in 2 possession of thc subject property for the past several years. Hence invoking power under Section 254 of the Telangana Municipalities Act, 20 I 9 is unwarranted.

4. Leamed Standing Counsel for respondenr No.2_Municipality submitted that markings have been made by R & B Department indicating 5O-feet width of the road from the centreline of thc existing R & B road. identifizing alleged encroached portions. on instructions ot'respondent No.3, respondent No.2 identified the encroachment of the 50 f'ect r.ad on the either side of the ro.ad median, as such, the impugned noticc under Section 254 of the Act, dated 05.0g.2025 was issued to the petitioner directing him to remove encroachments.

5. Leamed Standing Counsel submitted that the writ petition is not maintainable as no adverse order has been passed- Further. the petitioncr is at Iiberty to request the authorities to measure the road area and submit necessary proofto show there is encroachment of road.

6. In the light of the above submissions made by the both parries, the writ Petition is disposed of directing the respondent authorities, to not to interfere with the possession of the petitioner over the land admeasuring Ac.0-30 guntas in Sy.No.236lA2 situated at Choutuppat Village and Mandal. --7 J yadadri Bhongir f)istrict without fo[owing due process of law. However, petitioner is at liberty to request the respondent No'2 to take measurements ol the property and the road width' The petitioner is also given tiberry to file additionat documents to show that the subiect property of the petitioner was not acquired at any point of time for laying or widening of the road' There shall be no order as to costs As a sequel thereto, miscellaneous petitions' if any' pending in the writ petition stand closed I'TRUE COPY// SD/.P. ASSIST T^?iY'[T?HXA SE NOF FICER To

1. The Princip al Secretary, MunictP alitY and Urban DeveloPment Department, erabad icipalitY, ChoutuPPal, Yadadri Bhongtr State of Telangana at HYd Secretariat, I Mun missioner, ChoutuPPa 2. The Comm Roads and Building Department' District 3. The Assistant Executive Engineer' ir Distr ChoutuPP al, Yada ADMN AND to GP FO 4. Two CCs ana at HYde rabad. I Court for the State o DINGS, td GP FOR Telangan a at HYderabad. [oUTl

5. Two CCs 6. One CC to Ms. AYES HA HUMERA, Advocate IOPUC] 7. One CC to SRI PUTT A KRISHNA REDDY, SC 8. Two CD CoPies dri Bhong R MCPL f Telang Advocate (oPuc) ROAD S AND BUIL ouTl High Court for the State of URBAN DEVELOPMENT, High FOR M UNICIPALITY' SA HIGH COURT \ DATED:12 t0Bt2O2S I I 1H 5 -I4 1{ o a) J )., .,< , 01 sEP 205 {)[5,,,. y,-,.. ORDER WP.No.23942 of 2O2S DISPOSING OF THE W.P WITHOUT COSTS. \o\