✦ High Court of India · 29 Aug 2025

The High Court · 2025

Case Details High Court of India · 29 Aug 2025
Court
High Court of India
Decided
29 Aug 2025
Length
1,113 words

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 particularry one in the nature of wRlr oF MANDAMUS decraring the action of the Respondents in not crarifying the layout land in Survey Nos.2B1 to 284,295,302, 303,308/.1 , 309 to 316, 318, and 32914lo 329110, situated at Gajulararnaram village, eutbullapur l\rlandal and lt/unicipa I ity, tr/edchal-Malkajgiri D istrict, AS arbitrary and contrary to illegal, GHIVIC Act and Rules and also violation of principles of natural justice and consequently direct the Respondents 2 to 4 to consider the representation of the petitioners dated 12.08.2025 relating to taken the possession of roads and open spaces in the above layout as per letter No.121l lPSlC.26lKPZlGHl\ACl2O24, dated 31/05/2024, in the interest of justice. l.A.NO:1 OF 2025 Petition Under section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased be pleased to direct the Respondents 2 to 4 to consider the 'epresentation of the petitioners dated 12.08.2025 relating to taken the possession of roads and open spaces in the above layout as per letter No.12'1ffPS/C26|KPZIGH\AC|2O24, dated 31i05/2024, pending disposal of the above writ petition, in the interest of justice. Counsel for the Petitioners : SRI G.ARUN KUMAR Counsel for the Respondent No.l : GP FOR MCPL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 to 4 : SRI K.RAVI MAHE:NDER' SC FOR GHMC The Court made the following ORDER w/.1 // J1 HONOURABLE SRIJUSTICE B. VIIAYSEN REDDY WRIT PETITIONNo. 25743 0F 2025 ORDER: (ORAL) Heard Mr. G.Arun Kumar, leamed counsel for the petitioners; Mr. K.Ravi Mahender, leamed Standing Counsel for GHMC, appearing for respondents No.2 to 4; and perused the material on record.

2. The petitioners claim to. have purchased the subject property bearing Plot No.G-l23, admeasuring Acs.l7_17 guntas in Survey Nos.309 to 316 and 318, ofMahadevapuram Residential projecr phase_3, situated at Gajualaramaram Village, euthbullapur Mandal and Municipality, Medchal-Malkajgiri District (erstwhile Ranga Reddy District) under registered sale deed bearing document No.g25l of 2005 dated' 24.06.2025. Since then, the petitioners had been in possession of the subject property without any interruption llom third parties. The petitioners got the subject property regularized vicle LRS proceedings No.LRS/423|lC-1SINZ/GHMC/2OOB dated 29.07.2011. Thereafter, the petitioners submitted application vide fire No.454g20/ Gr&rc/19768/2024 dated 25.r1.2024 by self-certificarion under the Telangana state Building permission Approval and Serf certirrcation System (TS-bPASS) Act,2020 for construction of building comprising of l 2 stilt + 2 upper floors. The petitioners were also issued work corunencement letter dated 17.03.2025 by respondent No'4 in respect of the subject PropeftY. }.ItissubmittedthatM/sAdaguttaCo-operative.HousingSociety Limited represented by its President executed a gift settlement deed bearing document No.20775 of 2019 dated 04.09.2019 for charitable purpose in favour of respondent No.4 in respect of the land covered by parks and roads. One of the residents of the Society made an application under the Right to Information Act,2005 to provide la;,3g1 1', respect of the subject land so as to veriff the roads and parks donated by the Society to the GI{MC. [n tum, respondent No.4 informed that all the park spaces androadsareintactwithMahadevapuramResidentialProjectexceptpark layout No.3 which is in dispute with the neighbouring land owner with regard to the fixing of boundaries of the park in Survey Nos.295 and298 and the same is evident from the letter No.l2llTPSlCz6lIKJZlGIlNlCl 2024 dared 3l .05 .2024. While so, the municipal officials visited the site of the petitioners in the month of July 2025 arld irrspected the site. That again on 21.08.2025, the officials visited the site of the petitioners and threatened them not to proceed with further construction alleging that J the subject property does not form part of the Mahadevapuram project. Thereafter, the petitioners submitted representation dated, 12.0g.2025 to respondents No.2 to 4 to clarifu whether the layout in Survey Nos.2gl to 284,295,302, 303,308/1, 309 to 316, 318 and 329/4 to 329110 includes the subject property of the petitioners. However, the representation of the petitioners is not being considered, as such, they are constrained to approach this Court.

4. Leamed Standing Counsel for GHMC, appearing lor respondents No.2 to 4, submitted that appropriate action will be taken on the representation of the petitioners, in.accordance with law. , I

5. Recording the aforesaid submission, without entering into the merits of the case, this writ petition disposed of directing respondent No.4 to consider the representation of the petitioners d,ated r2.0g.2025i for furnishing details regarding the open spaces/roads in the Mahadevapuram Residential project phase_3 as per letter dated

31.05.2024, by giving opportunity of hearing to the petitioners and all other concerned/interested persons and pass orders in accordance with law, within a period of four (4) weeks from the date of receipt of a copy ofthis order. There shall be no order as to costs. 4 r As a sequel thereto, miscellaneous applications, il any, pending in this writ Petition stand closed. //TRUE COPY// SD/. MOHD. ISMAIL DEPUW REGISTRAR 6'11'- ctloN SE OFFICER To SA \ Tankbund, HYderabad Krrkatoallv Zone, HYderabad. 1 The principal Secretary, Municipal Administration and [Jrban Development ' nonartment. Secretariit, State of Telangana at Hyderabad' z. in'J C"rrnissioner, Greater Hyderabad Municipal Corporation (GHMC)' : iil" Zo""t Commissioner, Greater Hyderabad tt/lunicipal Corporation (GHMC), + in"-O"pl.itv Commissioner, G reater Hyderabad [Vlunici cal Corporation ' icurrlcl. Gaiularamaram Circle No.26. Hyderabad. s il;'C-C; to bp ron N/cPL ADIvN AND URBAN DEVELoPMENT, Hish " Court for the State of Telangana at Hyderabad'-[OUT] ^ n"" CC to SRI G.ARUN KUIVAR, Advocate [OPUC] ; 6;; cc to snr K.RAVI IVAHENDER, sc FoR GHMC, Advocate (OPUC) 8. Two CD CoPies ' ,-,--.....:..- - ' ; -]-ls*,. i -,: i:t -...r.i .\,:. , $9 s * SD. EP 2E ':,' ::,*:.,, \t '-' 1| r':',' o" HIGH COURT DATED:2910812025 ORDER WP.No.25743 of 2025 I I I I I DISPOSING OF THE W.P WITHOUT COSTS. 7le l?-(

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