✦ High Court of India · 31 Oct 2025

The High Court · 2025

Case Details High Court of India · 31 Oct 2025
Court
High Court of India
Decided
31 Oct 2025
Bench
Not available
Length
1,072 words

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 a proper writ order or orders particularly one in the nature of Writ of Mandamus to declare the action of the respondent no 4 in trying to demolish the petitioner building without issuing any notice and trying to lay road on the petrtioner land by demolishing the petitioner house bearing H No. 2-13, Adibatla Village, lbharahimpatnam mandal, Ranga Reddy District without following due natural justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed rn support of the petition, the High Courl rnay be pleased to direct the respondents l'Jo. 4 and 5 not to d ispossess/Demolis h the petitioner House bearing H.No.2-'11i, Adibatla Village, lbharahimpatnam Mandal, Ranga Reddy without following Cue process of law, pending disposal ol tre Writ Petition in the interest of justice. Counsel for the Petitioner: SRI MEESALA VINOD KUMAfI Counsel for the Respondent No.1: cP FOR MUNICIPAL titlMlN|STRAT|ON AND URBAN DEVELOPIVIENT Counsel forthe Respondent Nos.2, 3 & 5: GP FOR ROADS & BUILDINGS Counsel for the Respondent No.4: Ms. M.BHAGYA SRl, S.C. FOR MUNICIPALITIES The Court made the following: ORDER Y HONOURABLE SRIIUSTICE B. VIJAYSEN REDDY WRIT PETITI ON No.32968oF 202s ORDER: (oRAL) Learned counser for the petitioner submitted that the issue involved in this writ petition is squarely covered by the order dated 30.10.2025 passed by this Court in W.p. No.32921 of 2025.

2. Accordingly, this writ petition is disposed of directing respondents No'3 to 5 not to interfere with the possession of the petitioner in respect of, the subjecr properry bearing Municipal House bearing No.2_3 1, situated at Adibatla Village, Ibrahimpatnam Mandal, Ranga Reddy District, without following due process of raw. There shail be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition, stand closed 'o'oA.',EFiN't'A:6,EFRII 6 SECTION OFFICER /ITRUE COPY// 1 . The District Collector, Ranga Reddy' Ranga Reddy District' 2.TheCommissioner,Adibatlamunicipality,Adibatla'RangaReddy

3. The Executive Engineer' R and B Department Adibatla Mandal' Ranga Reddy 4. One CC to SRI MEESALA VINOD KUMAR' Advocate [OPUC] . l:3f,3,il: 3,!,1"1, Y3ilif,il #fr}EgA'L"J. 1t'# rba n D ever o pm ent' H is h at Hyderabad [OUTI 6TwocCStoGPforRoads&Buildings,HighcourtfortheStateofTelangana - 7. One CC to Ms. M BHAGYA SRI' S C for Municipalities [OPUC] 8. Two CD CoPies Along with a copy of the Order dated 30 10 2025 in W P No 32921 of 2025 MP ]E5g HIGH COURT DA-l-lED:31 11012025 ORDER WP.No.32968 of 2025 /. t: ,t'r1-- 1 r it0lJ 2$25 t' > DISPOSING OF THE VrrRlT PETITION WI-THOUT COSTS \q HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.32921 OF 2025 ORDER: (OI(AL) Heard Mr. Meesala Vinod Kumar, learned counsel for the petitioner; Ms. M.tlhagya Sri, leamed Standing Counsel lor respondent No.4; and Mr. R.Pool Singh Naik, learned Assistant Govemment Pleader for Roads and Buildings, appearing for respondent No.5; and perused the material on record

2. The petitioner claims to have purchased the subject properly bearing Municipal l{ouse bearing No.5-6, admeasuring 281 square yards, situated at Adibatla, Ibrahimpatnam Mandal, Ranga Reddy District, under registered sale deed bearing document No.1637 of 2000 dated

17.05.2000 (Ex.P-l). The petitioner constructed the building by obtaining permission lrom the then Government of Adibatla Gram Panchayat vide permit dated 22.10.1999. The subject property was assessed vide PTTN No.1201100505; electricity connection vide U.S.C. No.102435908 and water connection from HMWSSB (Hyderabad Metropolitan Water Suppty and Sewerage Board) vide CAN No.621483464 were also provided. It is submitted that there is interference by the respondent authorities with the possession of the 2 petitioner in rcspcct of the subject propeffy. as such. i:e was constrained to approach th is ( lourt

3. I-earnerl Standing Counsel for respondent No.4 s.rbmitted that road widening work is taken up by the R&B departmen and there is no interference by tlre respondent No.4 officials as allegcrl by the petitioner in this writ petition.

4. Learne<l Assistant Government Pleader for Road:; and Buildings, basing on the rvritten instructions dated 29.10.202ti, submitted that administrative sanction has been accorded by the Govemment of Telangana for the work of 'Widening and Strengtheninit rf Road leading from Adibhatla to Mangalapall, Ranga Reddy District. for Rs.2500.00 lakhs, vlde R.O.GI. No.l7, T, (R&BXR-II) Department drted 10.01.2025 Thereafter, technical sanction has been accorded ro l\,I/s llhooratnanr Construction Cornpany Private Limited vlde Superinrending E,ngineer (R&B) Rural (lircle Agreemenr No.05/2025-26 dated 21.09.2025 The R&B Department has right to way, which is 66 fl:et i.e. 33 feet on either side from the centre of the road. Responden: No.5 has rnade markings on the structures, which are coming in the rirght o1'way but so far, they have not demolished any structure in the right of way- 3

5. In view of the submissions of the learned counsel for the petitioner and taking into consideration the documents relied upon by the petitioner (Ex.P-1 to P-5), prima facie, thc petitioner is the owner and possessor of the subject propefiy.

6. In the circumstances, this writ petition is disposed of directing respondents No.3 to 5 not to interfere with the possession of the petitioner in respect of the subject property bearing Municipal House bearing No.5-6, admeasurinq 281 square yards, situated at Adibatla, Ibrahimpatnam Mandal, Ranga Reddy District, without following due process of law. There shalI be no order as to costs As a sequel thereto, miscellaneous applications, if any, pending in this writ petition, stand closed. October 30,20% RR( B. VIIAYSEN REDDY, J

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