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 an order or direction more particularly one in the nature of writ of mandamus declaring that the action of the respondents No.1 and 2 in interfering with the possession of the plots bearing No.10 to 13 situated at Phase lll Kakatiya Medical college Employees Cooperative Housing Society Ltd., Waddepally, Hanamkonda, Warangal in approved lay out D.P.No.5/95 (File No.C1l451/94) is highly arbitrary, bad and illegal. E lA NO: 1 OF 2021 Between: I

1. Smt. Nerugu Kamalamma, S/o. Late Sri Nerugu Ramalingam, Aged about 76 years, Occ: Household, R/o. H.No.1'l-2'l-7'l , Kashibugga, Warangal - 506002, Telangana State. 2. Smt. Mandala Susheelamma, W/o. Late Mandala Ramaiah, Aged: about 74 years, Occ: Household.

3. Sri Mandala ',/eera Reddy, S/o. Late Sri Mandala Ramaiah, Aged 53 years, Occ: Agriculturist Both R/o. Perumandla Sankeesa (village) Dornakal Mindal, Warangal District. Telangana State. 4. Sri Thumma Venkat Reddy, S/o. Gopaiah, Age: 60 years, Occ: Agriculturist, R/o. Perumandla sankeesa (village), Dornakal Mandal, Warangal District, Telangana State. ...PETITIONERS/PROPOSED PARTIES AND 1 ryl Llnga Reddy, S/o. Kista Reddy Retired Employee R/o.H.No.1-2-302t1 Geetha Nagar Siddipet Road, Jangabn, Warangal Disirrct 2. Khla Nayeemuddin Ahmed, S/o. late Khaj-n Zameeruddin Ahmed Lab Technician R/o H. No 24-5-97, Darga Road Fathima Nagar, Kazipet, Warangal District 3. Chitla Subhash. S/o. Rajamouli Govt Employee R/o. H. No.2-7 -1061t1, _ K,LN.Reddy colony Subedari, Hanamkonda, War'angal District 4. Ch.Satyanarayana, Sio. Sharabha Lingam Employee R/o. H.No.2-4-6181211 Ramnagar Hanamkonda, Warangal District ...RESPONDENTSMRIT PETITIONERS,I TO 4 5 The Tahsildar, Hanamakonda Mandal, Warangal District 6 The District C,o,llector, Warangal, Warangal DiStrict, Warangal District 7 The Special Officer, Urban Land Ceiling, Warangal district B. The Vice Chairman, Kakatiya Urban Developmeht, Authority, Warangal - District

9. Ihe Commissioner, Warangal Municipal Corporation, Warangal ...RESPONDENTS/RESPONDENTS Petition under Seclion 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioners/p roposed parties to come on record as the Respondent No. 6 to 9 in the Writ Petition Counsel for the Petitioners: SRI P.PRABHAKAR REDDY Counsel forthe Respondent Nos.1 TO 3: GP FOR REVENUE Counsel for the Respondent No.4: SRt V.DURGA NAGESWARA RAO Counsel for the Respondent No.S: SRI c.VISHWESHWAR REDDY Counsel for the Proposed Respondents: SRI T.S.pRAVEEN KUMAR The Court made the following: ORDER I i I i t\ THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.6429 of 2008 ORDER: This Writ Petition is filed seeking to declare the action of respondent Nos. 1 and 2 in interfering with the possession of the plots bearing No. 10 to 13, situated at Phase III, Kakatiya Medical College Employees Co-operative Housing Society Ltd', Waddepally, Hanamkonda, Warangal in approved lay out D'P'No'5/95 (File No.C1l451/94) as illegal and arbitrary.

2. Considered the submissions of the learned counsel for the respective parties and perused the record. It is stated that the Kakatiya Medical College Employees

3. Co-operative Housing Society Ltd., was registered in th.e year 1977 under the provisions of the Telangana Co-operatives Societies Act,

1964. It is further stated that the Society has purchased land to an extent of Ac.5.O6 gts., forming part of Sy.Nos'Q97, 699, 7OO, 701,72O, situated at Waddepally Village and made it into 45 plots' It is further stated that the respondent No.4 has approved the layout uide letter R.C.No-C1/451/94, dated 12'07 '1994 (D.P.No.5/95). Further, the petitioners were allotted plot Nos' 10 to 13 and they are the absolute owners and possessors of the said plots. The c.rse of the petitioncrs is that the respondents without issuing any notice and without following the procedure as contemplated under law are making efforts to dispossess them from the plots purchased under the approved layout.

4. Respondent No.4 has filed counter aff-rdavit u'herein, it is stated that the Kakatiya Urban Development Authorit5r has approved the layout vide DP.No.5/95 and communicated the same to the Municipal Corporation i.e., respondent No.5 herein for implement ing the layout condilions.

5. Learned counsel for respondent Nos.4 and 5 has contended that the Socielv has not followed the conditions incorporated in the layout, therefore, it necessitated them to inspect the tentative layout approved by Kakatiya Urban Development Authority.

6. In view of the above, this Court, without expressing any opinion on the right and entitlement of the petitioners, as it is stated that the Society has sanctioned approved layout, the respondents are not having any right to interfere with the possession of the petitioners. Further, if there is no claim over the subject plots or if the petitioners herein as members of the societ5z have not complied with the terms and conditions of the tentative layout or the final layout, the respondents are directed to follow the due process of law. Except following the due process of law, the respondents are directed not to interfere into the plots of the petitioners in any manner.

7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. //TRUE COPY' SD/-T. JAYA DEPUTY REGI E R SECTION FFICER

1. The Tahsildar, Hanamakonda Mandal, Waranqal District 2 rhe District corrector .wiiang;r. wili,iriliiiiJt?i.t, wrrrno"r Districr 3. rhe s.peciat officer, uroan-La-nJ' cliri;;:tvil;s;i d i;i;i',"' ",".' ", o I[:,I#" chairman, xaratiyJ 0ioin bJr,jrti#,1;t Authority, warangat 5. The Commissoner, W{angal Municipal Corporahon, Waranoal 6 one cc to sRr p pB1q1{r1nRii'i-dr;i:;;fi;i; idpil6i,,", 7. one cc to sRt r s eRAVEEN (0MAl, d;i,;;i" topucl u 9 One CC to SRt v 6URGA NA_GESWARA RAo, Advocate tOpUCl 10 one cc to sRt G.vtSHWESHWAC iiEbiji,'XA;".ate [opUC] '1 1. Two CD Copies nevErrrue Higii'bt,.t rlitn6-stalJbf rerangana, at lyo""?,Bl: ?3.[.?* I I To PSK. - Bs tk I I I HIGH COURT DATED:1210212025 ORDER WP.No.6429 of 2008 e oR lHr S '.1 11 ,iuu 2g?\ {. t _ -/.' 2t' o I DISPOSING OF THE WRIT PETITION WITHOUT GOSTS tr-t ."fL W