T. Srinivasa Rao v. 1. The State of Telangana

2. The District Collector, Ranga Reddy District. 3. The Additional Collector (Local Bodies); Ranga Reddy District. 4. The District Panchayat Officer, Ranga Reddy District. 5. The Gram Panchayat, lVlaheshwaram Village, Rep., by its Secretary. 6. The Station House Officer, Maheshwaram P.S., Ranga Reddy District. 7. Ch. Yadaiah, S/o Late Ch. Laxmaiah, Aged about 55 years, Occ. Agriculture, Ri/o H. No. 1-59/'l , Sirigipuram Village, Maheshwaram Mandal, Ranga Reddy District. 8. Ch. Srisailam, S/o Late Ch. Laxmaiah, Aged about 40 years, Occ. Agriculture, R/o H. No. '1-42, Sirigipuram Village, Maheshwaram Mandal, Ranga Reddy District. ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to grant an order or direction or writ, more so in the nature of Writ of Mandamus, declaring the inaction of the Respondents No. 3 to 5 in considering the Petitioners complaint dated 21.09.2024, 23.O9.2024 and 24.O9.2024 pertaining to the encroachment undertaken by the Respondents No. 7 and 8 of the Open Area - D (Park), admeasuring 6360.52 sq. mts., in Sy. Nos. 498, 499/P and 500/P, situated at Maheshwaram Village, Grampanchayat and Mandal, Ranga Reddy District, falling within the approved Final Layout bearing Lr. No. 2556/LO/P|g/SHZ|HMDA|2O0S dated 08.02.2012 by the name Red Clay Court - 2, as the same is illegal, arbitrary and highhanded, apart from being violative of Article 14, 21 and 300-4 of the constitution of rndia, and, consequentiaily, direct the Respondents No.3 to 5 to take immediate actio-l to stop any further encroachment into the Open Area - D (park), admeasurirrg 6360.52 sq. mts., in Sy. Nos. 498, 419tp and S00/p, situated at Maheshwaram Village, Grampanchayat and Mandar, Ranga Reddy District by tre Respondents No. 7 and B lA NO: 1 OF 2024 Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High court may be preased to direct the Respondents No. 7 and g not to proceed with further encroachment into the Open Area - D (park), admeasuring 6360.52 sq. "nts., in Sy. Nos. 498, 499/P and 500/P, situated at Maheshwaram Village, Grampanchayat and Ir,4andal, Ranga Reddy District IANO:2OF2 024 Petition under Section 15'1 cpc praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High (lourt may be pleased to direct the Respondents No. 3 to 5 to take immediate act on on the petitioner,s complaints dated 21 .09.2024, 23.09.2024 and 24.og.2024 and prevent any encroachment into the Open Area _ D (park), admeasuringr 6360.52 sq mts., in Sy. Nos. 498, 4991p and S00/p, situated at Maheshwaram Grampanchayat and Mandal, Ranga Reddy District Village, Counsel for the Petitioner: SRl. S.NAGESH REDDY Counsel for the Respondent Nos. 1&4: Gp FOR PANCHAYAT RAJ RURAL DEVELOPMENT Counsel for the iRespondent Nos.2&3: AGp FOR REVENUE Counsel for the Respondent Nos. 5: SRI p. KISHORE RAO, SC Counsel for the Respondent No. 6 : Gp FOR HOME counsel for the Respondent Nos. 7&B: sRr JTLLELLA RAJESHWAR RAo The Court made the following: ORDER a THE HONOURABLE SMT..IUSTICE T. MADHAVI DEVI WRIT PETITION No.28873 of 20.24 ORDER: This writ petition is filed, under Articl e 226 of the Constitution of India, seeking the following relief: ". . .to grant an order or direction or urit, more so in the nature of Writ of Mandamus declaing tlrc inaction of the Respondents No.3 to 5 in consideing the Petitioner's complaints dated 21.09.2024, 23.09.2024 and 24.09.2024 pertaining to the encroochment undertaken bg the Respondents No.7 and 8 of the Open Area-D (Part), admeasuring 6360.52 sq.mts in Sy.Nos.498, 499/P and 50O/ P situated at Maheshu)aram Village, Grampanchagat and Manda| Ranga Reddg Distict falling uithin the approued Final Lr.No. 2556/ LO/ PIg/ SHZ/ HMDA/ 20o8 dated o8.o2.2o12 bg the name "Red Clag Court-2", as th.e same is illegal, arbitrary and highhanded, apart from being uiolatiue of Article 14, 21 ond 3O0A of the Constitution of India and consequentiallg direct tLe Respondents No.3 to 5 to take immediate action to stop anA further encroachment into the Open Area-D (Park), admeosuing 6360.52 sq.mts in Sg.Nos.498, 499/P and 5OO/ P, situated at Maheshwarom Village, Grampanchagat and Mandal, Ranga Reddg Distict bg the Respondents No.7 and 8 and pass..." Loyout beaing

2. Brief facts leading to the writ petition are that the petitioner claims to be the resident of plot No. I 50 in the layout, which is known as'Red Clay Court-2". It is submitted that the developers have purchased certain piece of land from the father of respondents No.7 and 8 and thereafter, they have developed a layout and the petitioner has purchased one of the plot in the layout. It is submitted that ther developer has executed a registered Gift Deed in favour of the Gram Panchayat i.e., respondent No.S in respect of the park area and had also constructed a compound wall and planted trees therein and respondent No.5 was required to safeguard the sarne. It is alleged that respondents No.7 and g have encroached the park area and have als,t demolished compound wal1 and removed the trees from .ihe park area highhandedly alleging that there is encroachment of their land by the developer. It is submitted that the petitioner and others have immediately approached respondent No.S and submitted their representations and the Gram F,anchayat i.e., respondent No.5 has also filed police complarnt, but thereafter,. no action has been taken against the iilegal encroachment and therefore, the present writ petition has been filed.

3. Learned counsel appeari:rg for responde.nt No.5 has relied upon the counter af{idavit filed by respondent no.S. ,7 confirming that a Gift Deed was executed in its favour by the developer in respect of the roads arrd the park area and that the compound wall was constructed around the park area and trees were also planted therein. It is also admitted arld confirmed that the police complaint has been filed against the action of respondents No.7 and 8 in trying to encroach the park area and also stated that appropriate action will be taken against the encroachers as per the Telangana Panchayat Raj Act, 2018, immediately after conducting of survey by the Office of the Tahsildar, Maheshwararn.

4. Respondents No.7 and 8 have also put in appearance and filed their counter affidavit alleging that the developers have encroached into their land and has constructed the compound wall without any permission and when respondents No.7 and 8 have tried to make constructions, the petitioner and others have obstructed them and therefore, respondents No.7 and 8 have filed a suit uide O.S.No.212 of 2024 before the Principat Junior Civil Judge, Ranga Reddy District at Maheshwaram, ald the civil Court has granted ad-interim injunction in favour of the plaintiffs therein. Therefore, according to learned counsel, respondents No.7 artd 8 are in possession of their own property and there is no illegal encroachment by them

5. Learned Standing Counsel for Gram Panchayat, however, pointed out that respondents No.7 and 8 have not made either the writ petitioner or the Gram Panchayat as party to the suit and therefore, the said order is r-rot binding on them. It is submitted that respondent No.S has addressed a letter to the Tahsildar, on 11.11.2024 for conduct of survey ard demarcation of the subject land and the seLme is likeiy to take place shortly.

6. Having regard to the rival contentions and the material on record, this Court finds that admittedly tl-re developers, who have purchased the land from the father of respondents No.7 and 8, have developed the land as per the permission granted by the HMDA and have also earmarked the open area for park. It is also admitted fact that the park rs encircled by the compound wall and it is planted with trees. It is a,lso an admitted fact that the Gift Deed has been executed in favour of respondent No.5. In such circumstances, it is bounden duty of respondent No.S to safeguard the land from any encroachments. Since respondent No.5 was not made a party to the suit, the injunction order will not come in its rn av for taking arry action for remova_l of the encroachments. Respondent No.5 is therefore, directed to proceed in accordance with law for removal of the encroachments and if respondent No.5 intends to get the Iand surveyed and also get the boundaries fixed, he shall do so, within a period of two (02) months from today and tiI such time all the parties are directed to maintain status quo as on today 7 . Accordingly, this writ petition is shall be no order as to costs. disposed of. There B. closed IVliscellaneous petitions pending, if aly, shall //TRUE COPY// SD ASS i;hY'tld".#H To, SECTION OFFICER lopment Department, istrict Pal Secreta ry, pancha Yat Raj and Rural Secretariat , T.s a Reddv D cal Bodies 1 . The princi ,Hvde rabad. 2 The Distri ct Collector, Ran s 3 The Additional Collector (Lo 4. The District Pancha yat Oflicer , Ranga R 5. The Sec retary, Gra m Pancha yat, Mahes 6. The Stat ion House Officer, Maheshwari 7. One CC to SRt. S NAGESH REDDY, Advo cate loPUc 8. Two CCsto GpFO R PANC HAYAT RAJ R Court for the State of Telangana at H o Two CCsto Gp FO R REV ENUE High Court for the State of Telangana, at Hydera bad [our 10. Two C Cs to GP FOR HO ME High Court for the State of Telangana. at erabad Iourl Hvd 1 1. One CC to SRI JILLELLA RAJES HWAR RAO , Advocate 12.One CC to SRt P. KISHORE RAo, sc [oPucl 13. Two CD Copies BM GJP Ranga Reddy District- eddy District. waram Vill h m P.S , Ran age, ga Red dy District. DEVE LOPMENT,High yderabad loPUcj tOUT URAL (- LH ,l i, HIGH COURT DATED:3010112025 .4'k: -a:-" /./ J' /'< s I ..1 1'4: ORDER WP.No.28873 of 2024 J 30 IIAY 2025 v 2 o) a{-.sP n CT =t' DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ffi,w