High Court · 2025

Business Rlio. Plot No.87 Part and 88 Part, Divya Nagar Phase-Vl, Kachiwanisingaram Mllage, Ghatkesar Mandal, Medchal-Malkajgiri. Distrflo=rr. Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased lo issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS de,:laring the inaction of the respondents in not considering the oral representations and a written representation dated 30/10/2024 of the petitioner,s association requt-'sted to take appropriate action against the illegal construction of the temple in open place meant for library to an extent of 1065 sq yarcls in Divya Nagar layout in the lanc in Sy Nos.50 and 51 parts, 52, 53 and 54 parts situated at Kachiwanisingarzrnr Village, Ghatkesar Mandal, Medchal-Malkajgiri District, without obtaining any pe'nrission from the respondent No.3 to 5 is illegal, arbitrary, contrary to law and in violation of Sec.174 and 183 of TS Municipalities ,\ct, 2019 and in violation of princ ples of natural justice and also in violation of Ari.icles 14, 21 and 300-4 of constitution of lndia and consequently direct the respondent authorities to restore the public p,lace meant for library in Divya Nagar layout and remove the illegal construction of ternple lA NO: 1 OF 2024 Petition un,lerr section 151 cPC praying that in the circumstarces stated in the affidavit filed in s.rpport of the petition, the High court may be pleased Jo direct the respondent authorilies to consider the written representation dated 30t1olzo24 of the petitioner's associirtion and also direct the respondent Nos.3 to 5 to initiate appropriate action and to stop the illegal construction of the tempte in open place meant for library tc an extent of '1065 sq yards in Divya Nagar layout in the land in sy Nos.50 and 51 pads,52,53 and 54 parts situated at Kachiwanisingaram Village, Ghatkesar Mandal, Medchat-Malkajgiri District, pending disposal of the writ petition Counsel for the Petitioner: SRI G. NARENDER REDDY Counsel for Respondent No. 1 & 2: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for Respondent No. 3: SMT. D. MADHAVI Counsel for Respondent No. 4: GP FOR REVENUE Counsel for Respondent Nos. 5 & 6: SRI PUTTA KRISHNA REDDY Counsel for Respondent Nos.7 to 12: SRI C. HARI PREETH The Court made the following: ORDER Y C THE HON'BLE SRI JUSTICE K.LAKSHMAN WRIT PETITION No.307E3 OF 2024 ORDER: Heard Sri G. Narender Reddy, leamed counsel for the petitioner Association, Sri Putta Krishna Reddy, leamed Standing Counsel appearing tbr respondent No.5 and Sri C. Haripreeth, leamed counsel appearing for respondent Nos.7 to 12.

2. The petitioner is a registered Association. The owners of plots and houses are Members of the petitioner Association. Respondent Nos.7 to l2 are proceeding with the construction of temple in the place earmarked for the purpose of library. In proof of the same. the petitioner has fited a copy of proceedings, dated 29.10.2024. Therefore, it has submitted a representation dated 30.10.2024 to respondent No.5 with a request to take action against the respondent Nos.7 to 12. Despite receiving and acknowledging the said representation, 5th respondent did not act upon the same. Aggrieved with the said inaction of the respondents, the petitioner hled the present writ petition.

3. Whereas, Sri Putta Krishna Reddy, leamed Standing Counsel appearing for respondent No.5, on instructions, would submit that on receipt of said representation, 5'h respondent has already issued notices ,| dated 05.11.2(124 to respondent Nos.7 to 12 granting three days time ro submit explanation. They have submitted explanation on 08.11.2024 stating that thev are not proceeding with the construction of temple as alleged in the said notices and they have also mentioned other details. However, 5'h respondent will inspect the site and consider the representation dated 30. 10.2024 and if the allegations made in the affidavit founcl :io be incorrect, he will take action against the persons who are constructing temple in the place earmarked for the purpose of library strictly in accordance with the procedure laid down under the provisions of -felangana Municipalities Act. 2019 by putting the respondent Nos.7 to l2 and all interested parties on notice anrj affording them an opportunity.

4. Sri C. Haripreeth, learned counsel appearing for r.espondent Nos.7 to l2 also confirmed the said fact. On instructions, he would submit that rerspondent Nos.7 to l2 are not proceeding with the construction ,:l'the temple as alleged in the writ affidavit. .fhey already stated thc said fact in the explanation dated 05.11.2021..

5. In the tight of the said submission, this writ petition is disposed of directing the 5't' respondent to consider the representat.ion dated

30.10.2024 submitted by the petitioner Association, inspect tlie site and if the allegations made by the petitioners are lound to be incorect, they \ (-. 3 shall take action against the respondent Nos-7 to 12 or any person who is proceeding with the construction of temple in the land earmarked for the purpose of library, strictly in accordance with the procedure laid down under Telangana Municipalities Act, 2019, by putting the petitioners, respondent Nos.7 to 12 and all interested parties on notice and affording them an opportunity. However, he shall complete the said exercise within a period'of four (4) weeks from the date of receipt of a copy of this order Consequently, miscellaneous petitions, if any, pending in this writ petition' shall stand closed' I / sd/- T. TTRUMALA DEVI T REGISTRAR T AS //TRUE COPY// S CTION OFFICER To, Hyderabad, TS Develooment Deoartment, Telangana State, Hyderabad, TS 1- The Commissioner and Director of, Municipal Administration and Urban '' 2. ih';'C;;.;iion'"i Hva"rauid Metropolitan D-evelopment Authoritv' Ameerpet' S ffre Otiaci Collector (Local Bodies), Medchal-Malkaigiri District i. in. coiimtssioner, pbcnaiam Hlunibipatity, ruedgnq!-M.alt<afgiri District, TS . . S. fii" i"*"'if Jnnind Omcer, pocharani Mu'nicipality Medchal-Malkajgiri District, 6. One CC to Sri G Narender Reddy Advocate [OPUC] i. i;; cc;i" Girot uruniCipar A<iministration & Urbin Development' Hish Court 8. T;; cC;l;Gp ror R"JvenJe, Hibtr court for tl.'g-qte!9 of Telangana [oUT] S. On. CC to Sri Putta Krishna Reddy, Advoc-ate-(OPUC) iO.One CC to Sri C. Hari Preeth, Advocate(oPuc) 1 1 . Two CD CoPies for the State of Telangana. [OUTI TS MBC 6 I HIGH COURT KL,J DATED: 2010212025 //.il I i .\ l Zl:i;:r'r.. pySq I ' -..: ', t:.i' := --j- l-r --: ORDER WP.No.30783 of 2024 [5]uf4 '-%ffi DISPOSING OF WRIT PETITION WITHOUT COSTS