High Court · 2025

1. The State of Telangana, BSp O.V its principal Secretary, Municipal a, Administration ano-Urrd.n _DEv;t'"r;;;i'D$;fi;;t, bd#i; rial.riuiroings, ^ Kha i rata bad, Hyd era bad, rera ngi;a siir-e-tijij'6ir. 2. The Additionar Correctoril";;i E"di";i:R;n6l"n""?ov District, Konqara Karan ^ Vittase, tbrahimpatnam, konsaok-il#i i;i;'.;;;:j so.t sl o. 3. The Hy.derabad Metropotitan"D.ey;d;b;t;i;'t"#rti, lnr,rronl, Reo. bv its commissioner. swam'a Grin]rcilFi;;;'b.H:'N;ii;i'C;;;,'AilE;p?t,." . Hyderabad, Telangana - s6o oez.- 4' r urkavamiar Municioarity, Rep. by its commissioner, Turkayamjar Vi[age, _ Eanga Reddy Distribt - 5ot s'ro. ' t 6. Mr. J.Brundavan yella Reddy S/o. Not Known, Aged Major, Ryo. C/o. J.Srisaitam Reddy, Survey.r.rbJ. ssi,,532,'slUSA4%d'sis,,tit.t\,,*.ft;ir, ,ilH"1,ftTifl ,Hio;1li}x;63itlTiilf ,#,1ffir'1;s:,';j:fl,ia;.tii", Known to the petitioner nyo. Cio.l.'SriJaih-r'n"iOlr Survey. Nos.531,532.533. 534 and 535, M M. Ki;il,'ilXlilri"l Muhicipatiry, Abduttapurmet Mandat, Rans;;eaat iji;iiilt.' ""'-,' (FE O glq 7 are impleaded as per Court Order dt: 21 .O1.2O25 in lA.No.1l2O24) Abdullapurmet Mandat, Ranga Reddy District, Telangana State ] i3i333:"ar, ...RESPONDENTS Petition under Articre 226 of rhe constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction, more particurarry one in the nature of writ of Mandamus or any other appropriate writ, decraring the action of the respondents, more particurarry, respondent Nos.2 to 5 in not taking any steps for protecting the open spaces/park places meant for public utility and community purposeinSurveyNos.536,537,657and658situatedatlvlanneMuthyalamma Kunta (M.M. Kunta), Turkayamj al Municipality (erstwhile Ragannaguda Grampacnahyat), Turrkayamjal Revenue Village, Abdullapurmet Mandal (erstwhileHayathnagarMandal)RangaReddyDistrict,pursuanttothe representation dated |ot1012023 given by the petitioner, as wholly illegal' arbitrary, irrational and violative of provisions of the Telangana Municipalities Act, 2019 and the Ar[icle - 4BA of the constitution of lndia, and consequently direct the respondents to take necessary steps for safeguarding and protecting the open spaces (viz. Park Nos.'l to 5) as shown in the Layout by removing the encroachments. IA NO:1 OF 2023 Petition under llection 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be ptoased to direct the respondents, more particularly respondent Nos.2 to 5 to remove the encroachments made in park No.s.2 and 3 in survey Nos.536, 537,657 and 658 situated at Manne Muthyalamma Kunta (M.M. Kunta), Turkayamjal Municipality (erstwhile Ragannaquda Grampacnahyat), Turkayamjal revenue village, Abdullapurmet Mandal (erstwhile Hayathnagar Mandal) Ranga Reddy District, as shown in the schedule of property, and fence the same including Park Nos.1, 4 and 5 to avoid further encroachments, pending disposal of the above writ petition. Counsel for the Petitioner: SRI S'R-AMA MOHAN RAO iounsel for the Respondent No.1: AGP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent Nos.2 & 5: AGP FOR REVENUE Counsel for the Respondent No.3: M/s. D.MADHAVI' SC FOR HMDA Counsel for the Respondent No.4: SRI LAXMAIAH KANCHANI' SC FOR MPCL Counsel forthe Respondent Nos.6 & 7: - The Court made the iollowing: ORDER HON'BLE SRI JI'STICE K. LAI(SHMAN WRIT PETITIO N No.31 214 of 2O23 ORDER: Heard learned counsel for the petitioner' learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, learned Assistant Government Pleader for Revenue appearing for respondent Nos'2 and 5' Mrs' D. Madhavi, learned Standing Counsel for HMDA appearing for respondent No'3 and Sri Laxmaiah Kanchani, learned Standing Counsel appearing for respondent No.4. Despite service of notice' there is no behalf of resPondent Nos'6 and 7 representation on Perused the record'

2. Petitioner is claiming that he is the absolute owner and possessor of an open plot bearing No'156 (Western Part), admeasuring 2OO Sq.yds in Sy'Nos'536' 537' 657 and 658, situated at Manne Muthyalamma Kunta (M.M.Kunta), Trrrkayamjal Revenue Village and Municipality, Abdullapurmet Mandal, Rangareddy KL,J w.P.No.312l4 of 2023 2 District, unrler a registered sale deed bearing docrrment No.2537 ol''.2O2O, dated 11'03'2O2O' Tlne lavout in which the petitioner's plot is located consists of Plot Nos' 1 to 277. As per Layout Rules, 10% area i'e'' an extent of t2,a23 square yards is shown as open spaces in the subj ect layout at five (05) different places' Respondent Nos.6 and 'Z are trying to encroach one of the said opeh spaces earma,rked in Layout' Therefore, he has submitted a represent.ation, dated Ll.lO'2O23 to respondent No'4 with a reqrtest to protect 10% of area representing open spaces earmarked in the subject layout including the open spac'3 encroached by respondent Nos'6 and 7 ' Despite receiving and acknowledging the said representat-ion, respondent No'4 did not act upon the same. Agg;rieved by the inaction of respondent No'4' the petitioner {iled the present writ petition' In tkLe counter filed by respondent No'3, it is 3. specifically' mentioned that as per Section - 23 of the HMDA Act, 2008, local authority i'e', respondent No'4 is I KI,J W.P.No.3l2l4 of 2023 3 the competent authority to take action on the complaint dated 10. IO.2O23 and for protection of lOo/o of the land earmarked towards open spaces in the subject lay out. It is further mentioned that respondent No.4 has already passed a speaking order, dated LS.LL.2O23 directing respondent Nos.6 and 7 to remove the compound wall constructed by them unauthorizedly in one of the open spaces. Feeling aggrieved by the said order, respondent Nos.6 and 7 preferred an appeal in terms of Section 25f (2) of the Telangana Municipalities Act, 2019 before the Regional Director-cum-Appellate Commissioner of Municipal Administration, Hyderabad, who in turn, vide order, dated O2.O3.2O24 disposed of the said appeal directing respondent No.4 and respondent Nos.6 and 7 herein to approach Mandal Revenue Officer/Assistant Director, Survey and Land Records to conduct survey of the said encroached open space and frx the boundaries. Till then, both the parties were advised to maintain status-quo. n ,5 KL,J W.P.Nc,.3l2l4 of 2023 4

4. Where:rs, Sri La:anaiah Kanchani' learned Standing Counsel appearing for respondent No'4' on instructions' would submit that respondent No'4 will approach MRO/Assisl-ant Director, Survey and Land Records for conducting survey and maintain status-quo in terms of theorder,dated02.03.2024oftheRegionalDirector- cum-Appellate Commissioner of Municillal Administration, Hyderabad' Therea-fter' he will take action agai.nst respondent Nos'6 and 7 to protect the said open space under encroachment of respondent Nos'6 and 7 and other open spaces earmarked in the layout' In the light of the said submissions' this Writ 5. Petition is disposed of directing respondent No'4 and respondent Nos.6 and 7 to approach MRO/ Assistant Director, Survey and Land Records concemed with a request to conduct survey and demarcate the open space encroached by respondent Nos'6 and 7 in terms of the order, rlated 02.O3.2024 of the Regional Director- Municipal Administration, Appe(ate Commissioner of \ \ W.P.No.3l2l4 of 2023 5 Hyderabad, and the MRO/Assistant Director, Survey and Larrd Records shall conduct survey and demarcate the said properLy strictly in accordance with law and submit a report. On receipt of survey report from the MRO/ Assistant Director, Survey and Land Records, respondent No.4 shall take action against respondent Nos.6 and 7 strictly in accordance with procedure laid down under the Telangana Municipalities Act, 2019. Respondent No.4 shall also take all necessar5r steps for protection of all the open spaces earmarked at Iive different places ina the subject Layout by removing the encroachments, if any, strictly in accordance rvith the procedure laid down under law. However, he shall complete the entire exercise within a period of eight (8) weeks thereafter. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the Writ petition shall stand closed. SDAN.CHAND RA SEKHAR ASSISTAN T REGISTRAR //TRUE COPYII i To Villa ge,

3. The gana - 500 O22 CTION OFFICER 1. The principal Secreta ry,M unicipal Adminrstration and Urban Develo pment Departme nt, Secreta riat B uildings, Khairatabad, Hyde rabad, Telangana State State of Telan 2. The Additiona lCollector (Local Bodies ), Ranga Reddy District, Kongara Kalan lbrahimpatnam, toner, H Swama Jayanti Comple Telansana - 500 082 4. The commissioner , Turka Redd y District - 501 510. 5. The Tahsildar , Abdullapu rmet Mandal Ranga Reddy District, Telangana State - 501 505 Kongara Kala erabad Met x, S.R. Nag yamjal Municipality, Turkayamjal Village, Ranga na - 501 510 ropolitan evelopment Autho D n ar Road, A meerpet, Hyderaba d, n, Te langa Co mmlss (HMDA), .i,.... i .,:,, rr:-.rrr;. - .:.i{,t,'alr.- I.rt'

6. One CC to SRI {I.RAMA MOHAN RAO, Advocate IOPUC] 7. Two CCs to GP FOR MCPL ADMN & URBAN DEV, High Court for the State 8. Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at of Telangana, at Hyderabad. [OUT] Hyderabad. [OLIT]

9. One CC to M/s. D.|VIADHAV|, SC FOR HMDA [OPUC] 10.One CC to SRI LAXMAIAH KANCHANI, SC FOR MPCL [OPUC] 1 1 . Two CD Copies PSK. BS o .,1 HIGH COURT DATED:27 l0'112025 \ ORDER WP.No.31214 of 2023 I , ,6 :, TA rp oA n o( 1 3 i:.-o, ?u6 o q c t DISPOSING OF THE WRIT PETITION WITHOUT COSTS