High Court · 2025

4. Sri Ram Sharma, S/o Ramavtar, Aged 41 years' Occ Business' 5. K. Praveen, S/o. Narsing Rao, Aged 32 years' Occ Private Siervice' 6. M- Gangaram, Sio tvl Devanna, Aged 55 years' Occ Labour' T,RallabandiLaxmiW/o'Ramakishan,Aged45years,occ'HcuseHold. Resoondents 3 tc 7 are R/o. ward No. 24. Bhokthapur, Near Railway Tracks' nJir5u"Jlo*n D strict Adilabad. ...RESPONDENTS 'gffidevlt Petition under Article 226 of the.CongJitutiolof lndia praying that in the filed iherewith' the High Co.urt may pq circumstances stated ,n the pleased to lssued a writ' ordef or direction rr!9re partiiLllarly ont: in the nature of writ of certiorari carring foi-ihe tuioiot reraliry to and csnne'ctgd with orQers ;.# ;"";.b"rlo,-i;'oizriiz i"ieo ot,ioiotz on'the file or the District bonsure, Forum, Adilabad l;'iti^[p"nOent anC set qside the same as illegal' 6t law ano void abinitio and further restrailr iill"ri'irr,.o"i"ii".,'ii"iii.f i. in" i;;';;; ?;tb;"deni fro,n int".tii's'*ith' the- qeaceful-ownership a nd pos-sessio.n of petitioners propertv U""ring M;;i"iPui ttlo Z-Z'-r1' 7'7 11tA 7'71113'7'7-1411.1512' ii'_t-a)i)ii"i-t-iart; t'-t-laiii6,-t-t-1at 'tl7, 7-7-16t 1t12, .4-tr-2et2 and 4-5-- 2912 respectively situated at Bhuktapur' Adilabad "ye t.A. NO:2OF 2013 P N : 1390 F 3 Fetiti..on undet Seelipn 1p1 Qfg praying that.in the circunrstances gtated in rn" rnJr"iiiiiei . il;p";;iil"i*ilLi"tiii'pn", the. Hish court nray.Qe pleased tq tng possessipn and enloyment Qf direct the 2nd responclent'""i i" lnis,fbr." W 1q ;#;"li[ffi p,oii.t 1 1, 7'7 - 1 1 t A' 7 7 ] 1 !3: 1 ^7,: u"iii.s'ivr, ;i"lqf L lr|: -7;l "s 14t1t5t2, 7-l-10t1t4t1, t+ldtid, ?,'1'taii't't9: t-z:19t.1t.7 ' ,7J .,'u'-.1!\7:1:^?stz and 4-5-2912 lespectivqly .iteEGa q1 qrlu{91y1^Ad;lqlad dul/ qugpelding onerarion of the order ou.t&"i"-OCNo. iiizoia at't tq20tz by the District ;:;*#r.;ilr,'aorr6i-J pi?'ainsi olsposai oI the main writ petitiop ggunsel for the Petitioners: QRI' I SIIANTIJIBHUSHAN RAQ Counsel fot lhe Reqpo4sent $o'1; gg FaB glvll-L SUBPUES Caunsql for lhe Re-spo4dqnt No'2; $Rl PUTTI KRISHNA REEDY 'Sq FOR Mg gqunsel for the Regpondent NOs'-3 lo 7: -''- .!he The Court made the following: ORDER THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA trIRIT PETITION NO. tt48 0F 2013 ORDER: (Per the Hon'bte Si Justice Abhtnand Kumar Shauili) Aggrieved by the order, dated Ol.lO.2O72 passed in C.C.No. ll of 2Ol2 on the file of respondent No.l_District Consumer Forum at Adilabad (for short, ,the District ForumJ, the present Writ petition is hled. ) Heard Sri U. Shanthi Bhushan Rao, learned counsel for the petitioners.

3. Learned counsel for the petitioner had contended that respondent Nos.3 to 7 have lodged a complaint under Section 12 of the Consumer protection Act, 19g6, before the District Forum, Adilabad ulde C.C.No.11 of 2OL2, alleging that respondent No. 2-Municipal commissioner has not been removing the ilregal constructions on the Master Plan 5O road and sought a direction to respondent No.2 to i remove the illegal constructions and lay the Master Plan 50 Road. Vide orler, dated 01.12.201.2, the District Forum allowed the said complaint and directed the Municipal Commissioner to remove the obstructions i.e., illegal constructions over the master plan 50 feet road and lay 5O feet wide roac.. Learned counsel for the petitioner had further contenled that the petitioners are owners of the property and they are apprehending that if th,: orders of the District Forum in C.C.No. ll of 2012, dated 01.70.2OL2 are implemenied, the Municipal Commissioner might remove their encroachments. Aggrieved by the same, the present Writ Petition is filed.

4. This Court, having considered the submiss;ions made by the learned counsel for the petitioner, is of the view that if the Munic:pal Commissioner takes any steps to # rmplement the order passed by the District Forum in C.C.No. ll of 2012, dated O1.lo.2ol2, it is necessa5r for the Commissioner to give notice to the pet:itioners 1n accordance wit.: Municipality Act and if the Cornmissioner Wt' To, lssues any notice, then, it is always open for the petitioners to chalrenge and agitate their rights in accordaace with law. This Court is not inclined to interfere with the orders passed by the District Forum.

5. Accordingly, the Writ petition is closed. However, liberty is granted to the petitioners to challenge any action initiated by the Municipa-lity to remove the obstructions from their property. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. //TRUE COPY// SD/-L. VIJAYA LAXMI R ASSISTANT R GIST SECTI 1 One CC to SRt. U SHANTHT BHUSHAN RAO Advocate tOpUCl FFICE R to GP FoR civil supplies ,High court for the state of Tetangana ,tJJr?"" One CC to SRt. PUTTA KRTSHNA REDDY (SC FOR MC,TELANGANA) loPUcl Two CD Copies 4 KKS BS .i . .. .. ---_ -, HIGH COURT DATED:0410412025 o() t * H1 E S TA 16 JUI- ?0?5 1 {, ,* (:l ORDER WP.No.1148 of 2013 GLOSING THE WRIT PETITION WITHOUT COSTS 7 /- /t 4 1o