✦ High Court of India · 20 Aug 2025

The High Court · 2025

Case Details High Court of India · 20 Aug 2025
Court
High Court of India
Decided
20 Aug 2025
Bench
Not available
Length
1,058 words

9. K.Srinivasa Rao, S/o. Suri Satya Rao, Occ.Private Employee, RyO H.No.2-2- 1 46/1 , Upparpally Village, Rajendranagar, Ranga Reddy District. 500 030. Cell No. 97040 82415.

10. Kushal Jaiswal, S/o. Suresh Kumar Jaiswal, Occ.Software Employee, R:/0 H.No. 3-4-802208, Bharkatpura, Kachiguda, Hyderabad-s00 027. Cell No. 81254 40215. '1 1. K.Guravaiah, S/o. K.Galaiah, Occ. Private Employee, Rio H.No. 3-4-109/218, Premavathipet, Rajendranagar, Ranga Reddy District.500 030. Cell No. 83282 17.708.

12. M.Mahesh, S/o. Late Narasinga Rao, Age. 26 years, Occ. Private Employee, R/o H.No. 5-5-109121A, Premavathipet, Rajendranagar, Ranga Reddy District.SOO 030. Cell No. 6305134565 ..-RESPONDENTS Petition under Anicle 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 writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not considering the representation submitted to the Respondents No.2 and 3 regarding the illegal occupation and un authorized construction on under drainage cum roads by obstructing the rainy water and drainage water which passi g from main of NIRD Road to Acharya N.G.Ranga University lands as il egal, arbitrary and consequently direct the Respondents No.2 to 6 to remov,) all the un authorized persons and their illegal constructions including the Respo-r lents No. 8 to 12. tA NO.l 2025 Petition under Section 151 CPC praying that in the ;ircumstances stated in the affidavit filed in support of the petition, the High Ccr 1 may be pleased to direct the Respondents No.2 to 6 to take necessary actis r by considering the representations of the Petitioner dated 27 -08-2025 atc 2B-OB-2025 in the interest of justice pending disposal of the writ petition. Counsel for the Petitioner: SRl. SREENIVASA RAO RAVUL \pATl Counsel for the Respondent No.1: GP FOR MCPL ADMN lt URBAN DEV. Counsel for the Respondent Nos.2 & 4 to 6: SRI RAPARTII VENKATESH SC FOII GHMC Counsel for the Respondent No.3: SRI K. PAVAN KUMAR iC FOR HYDRAA Counsel for the Respondent No.7: GP FOR STAMpS & RE( ISTRATION Counsel for the Respondent Nos.8 to12: -- The Court made the following: ORDER -/ l HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WI{IT PETITION No.24665 OF 2025 ORDER:(ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondents No.2 and 3 in not considering his representations dated 27.06.2025 and 28.06.2025 for removing the unauthorized construction on under drainage cum roads by obstructing the rain water and drainage water passing from main road of NIRD to Acharya N.G. Ranga University lands, AS being illegal, arbitrary and unconstitutional.

2. Heard Mr. Ravulapati Srinivasa Rao, leamed counsel tbr the petitioner; Mr. Raparthi Venkatesh, leamed Standing CounseI lor GHMC, appearing for respondents No.2 and 4 to 6; Mr. K.Pavan Kumar, learned Standing Counsel for LIYDRAA, appearing for respondent No.3; and perused the material on record.

3. The petitioner claims to be the owner of the property bearing H.No.3-92 (Old No.3-9613), Prcmavathipet Village, Ranga Reddy District; he constructed the house by obtaining permission from the then Gram Panchayat, Premavathipet Village. The petitioner had been regularly paying tlid p-roperty tax to the municipal authorities in respect .G i 2 of the subject property. It is the case of the petiti' ,ner that some antisocial elements have occupied part of his house anrl encroached the drainage area including roads. In that connectior, the petitioner submitted several representations but the same were I ot acted upon. Leamed counseI fbr the petitioner submitted tha' the unofficial respondents have raised structures in the subject prope 1 r by occupying 6 feet road on the western and southem sides of the peti i )ner's propeftY. Aggrieved thereby, the petitioner submitted repre; 'ntations dated

27.06.2025 and 28.06.2025 to the respondent authoriti: ; to take action against the unolficial respondents regarding tt r unauthorized construction in the subject property and encroachment < f road which is causing obstruction of free flow of rain and drainage vater, however, the same have been not been considered. As such, le petitioner is constrained to approach this Court.

4. Learned Standing Counsel for GHMC submitted hat respondents No.3 to 6 have not received the representations of the pe itioner. As and when representations of the petitioner dated 27.06-202i and 28'06'2025 are received, appropriate action will be taken in accorda I ;e with law' J

5. Recording the aforesaid submission, this writ petition is disposed of directing the petitioner to fumish copy of the representations dated

27.06.2025 and,28.06.2025 to respondents No.3 to 6. On receipt of the sam.e, respondents No.3 to 6 shall take necessary action by giving oppoftunity of hearing to the petitioner and unofficial respondents, and pass orders in accordance with law, within a period of six (6) weeks thereafter

6. As order is passed without entering into the merits of the case, notice to respondents No.S to 12 is dispensed with. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed. S -K.BHAVAN I SWAMY ISTANT RE GISTRAR /ITRUE COPY// SECTION OFFICER 'iitiffi,n*gmt,e:rinitffliffi I I I I I L i I .l ;$iltfi:'ft +#{[$jq3fln"mir,'dfir#"i:tit'LHsLo*"' s a'1e w ; u',"EE##i,,liirururu,"m,,'r'1he ^r HIGH COURT DATED:2010812025 t I ORDER W.P.No.24665 of 2025 ..: - --_-_:_:-:*-.- ,-.rrr,...!- .rl,: , . ]. ./i I:; r0fr _1 l 0r- D!SPOSING OF THE WRIT PETITION WITHOUT COSTS ( tAl*-' I

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