High Court · 2025
Case Details
Acts & Sections
2. Chilukala Parashuramulu, S/o. Chilukala Yadaiah, aged about 35 years, Occ- Business, Rt/o. H.No.1-311111217 , 1st Floor, Meenakshi Residency, Venkateshwara Colony, Masjid Banda, Kondapur, Hyderabad - 500084. 3. Naredla Prabhakar, S/o. Naredla f\rlondaiah, aged about 40 years, Occ. Business, R/o. 1-41103/303 and 304A/GFI/102, ptot Nos.303 arid 30+, Flat ftl,o 102. 1st Floor, Near Luxor Apartments, Sree Prabhupada Township, Masjid Banda, Kondapur, Hyderabad - 500084. 4 Siliguri Mahender Reddy, S/o. Siliguri Srinivas Reddy, aged about 22 years, Occ. not known, R:/o. H.No.'1-4l 103/305, Sree Srinivasa Nilayam, HAL [ayout 99 lget Road, Opp. Paws Dog Clinic, Masjid Banda, Kondapur, Hyderab-ad - 500084, ..PETITIONERS AND 1 The State of Telangana, Represented by its Principal Secretary, Department of Municipal Administration and Urban Development, Secretariat, Hyderabad 2 3 4 q The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad. The Zonal Commissioner, Greater Hyderabad Municipal Corporation, SerlingampaIy Zone. The D-eputy Commissioner, Greater Hyderabad Municipal Corporation, Circle - 11, Serlingampally Circle. The Commissioner, Hyderabad Disaster Management and Asset Protection Agency, Buddha Bhavan, Tank Bund, Hyderabad. Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Cou( may be ...RESPONDENTS pleased to issue an order, Direction or writ more particurarry one in the nature of writ of Mandamus declaring the inaction of Responderrts, more particularly Respondent Nos.2 to 5 in safeguarding from encroachers; and deveropment of four (4) parks in the HAL Colony situated in Kondapur V illage, Serlingampally Mandal as illegal arbitrary, unconstitutiona r and consequenfly direct the Respondent Nos.2 to 5 to safeguard from encroachers and deverop four (4) parks in the HAL Colony situated in Kondapur Village, Serlin(rampalty Mandat, RR District. lA NO: 1 OF 20 25 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High cou.t rnay be pleased to direct the respondents, more particurarry the direct the Rescondent Nos.2 to 5 to safeguard from encroachers and develop four (4) parks in the HAL colony situated in Kondapur Village, Serlingampally Mandal, i.R District, pending disposal of the writ petition. Counsel for the Petitioner : SRt RAVINDRANATH CHOWDT\RY NAMBURU Counsel forthe Respondent No.1 : Gp FOR MCPL ADMN ITRBAN DEV 99!!:"t for Respondent No.2to4:SRt c.MADHUSUDHAN FIEDDy,SC FOR GHMC counser for the Respondents No.5 ,SS'I#ilJH^f-, The Court made the following: ORDER w THE HONOT]RABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.28749 of 2025 ORDER(ORAL): This writ petition is frled seeking to declare the inaction of respondent Nos.2 to 5 in safeguarding four (4) parks in the EIAL Colony, situated at Kondapur Vitlage, Serlingampally Mandal, Ranga Reddy District, from encroachers and developing the said four parks, as arbitrary and unconstitutional.
2. Heard leamed counsel for the petitioners and Mr.G.Madhusudhan Reddy, leamed Standing Counsel for GHMC appearing for respondent Nos.2 to 4 and Mr. Pavan Kumar, learned Standing Counsel for HYDRA appearing for respondent No.5.
3. Leamed counsel for the petitioners submitted that petitioner No.l is an Association and the members of the said association including petitioner Nos.2 to 4 are the owners of several plots in the HAL layout forming part of Sy.Nos.l0lP, 102P, 103P, 104/lP, llo/2 & lll, situated at Kondapur Village, Serlingampally Mandal, Ranga Reddy District. There are four (4) parks in the FIAL layout which afe earmarked for recreation and community purpose. That, on 04.07.2025, 0 2 BVR,J wp _287 49 _2025 it was found that some 20 to 30 unknown persons entered into park beside house of petitioner No.2 bearing H.No.1-3ll l l/217 and started doing leveling work. On enquiry, they informed that the land earmarked for the park belong to Pallapu Venugopal and Thanniru Balaji. They threatened the petitioners with dire consequenccs. Therefore, a complaint was lodged with Gachibowli pS and F.I.R No.1923 of 2025 was registered on 01.09.2025 for the offences punishatrlc under Sections 329(4),324(4),351(2) read with 3(5) of Bharatiya NyrLya Sanhita, 2023. Thereafter, a representation dated 12.09.2025 was s.bmitted to the respondent authorities to safeguard the park by erectinlj a sign board and develop the park for the benefit of plot owners in the IIAL layout. However, no action has been initiated so far and there is threat of encroachment of plots in the HAL layout by third parti,:s.
4. Leamed Standing Counsel for GHMC appearing for respondent Nos.2 to 4 submitted that appropriate action will be tal<en in accordance with law.
5. Accordingly, the Writ petition is disposed of direcring respondent Nos.3 to 5 to act upon the representation of the petitioners dated
12.09.2025 for safeguarding the park in the HAL l;ryout, situated at Kondapur Village, Serlingampally Mandal, Ranga R:ddy District and \ 3 BVR" J wP 287 49 _2025 remove encroachments, if any, in accordance with law, within a period of six (06) weeks from the date of receipt of a copy of this order' by affording an opportunity of hearing to the petitioners and all interested persons.Therespondentauthoritiesareatlibertytotakeassistanceof Police for safeguarding the park in the HAL layout and ensure that there is no encroachment in the said park.
6. Leamed Standing Counsel for FIYDRA appearing for respondent No.5 submitted that they have not received any representation for safeguarding the park in the HAL layout so far' In view of the same' the petitioners are directed to fumish copy of the representation to HYDRA authorities. As a sequel thereto, miscellaneous applications, i fany pending, in this petition, shall stand closed. There shall be no order as to costs. //TRUE COPY// SD/-MOHD.ISMAIL DEPUry REGISTRAR @ SECTION OFFICER To, lThePrincipalsecretary,DepartmentofMunicipalAdministrationandUrban ' o"i,ir"pii5"i, sai"-orietangana, secretariat, Hyderabad' 2. The Commissioner, Greater Hyderabad Municipal Corporation' Tank Bund Road, Hyderabad.
3.TheZonalCommissioner,GreaterHyderabadMunicipalCorporation, SerlingamPallY Zone.
4. The Deoutv commissioner, Greater Hyderabad Municipal corporation, circle - 11, SddingamPallY Circle. ' Ag;ncy, BJOOna ehavan, Tank Bund, Hyderabad' 5.TheCommissioner,HyderabadDisasterManagementandAssetProtection 6. One CC to SRI RAVINDRANATH CHOWDARY NAMBURU' Advocate' loPUCl T.TwoCCstoGPFORMCPLADMNURBANDEV'HighCourtfortheStateof -'-.F-.:-'y B. One CC to SRI G.MADHUSUDHAN REDDY, SC FOR 3HrrIC lOpUCl 9. One CC to SRI PAVAN KUMAR, SC FOR GHMC/HYDRAA. tOpUCl '1 0. Two CD Copies. BSK ry- HIGH COURT DATED:2210912025 ORDER WP.No.28749 ot 2025 CC TODAY / I ?- ii't, -$&\ c ;\, .t r'::. . ,at ,'. +'7, ..", i '\l:''.i',ir ii T..,-,.'' -'ii:i-:. :-j;: '" DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 q q //