High Court · 2025

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 Writ Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in demolishing the structures in respect of Plot No. 22, in Sy. Nos. 12, 12lA and 13, admeasuring 327 Sq. yards or 273.37 Sq. meters, situated at SIET Employees Co-Op. Housing Society of Guttala Begumpet Village, on Sunday 0810912024 within the limits of GHTMC Serilingampally Circle, Serilingampally tvlandal, Ranga Reddy District, Telangana without following due process of law as illegal, arbitrary and violation of Article '14 and 3004 of Construction of lndia apart from violation of principles of / / natural justice and consequently direct the respondents to allow the petitioners to construct the building in pursuance to the building permission granted and may further direct for the recovery of the damages from the respondents for demolishing the petitioners semi constructed building worth of Rs 70 lakhs for their high handed action without following due process of law. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to permit the petitioners to construct the building in pursuance to the building permission granted in respecl of plot No. 22, in Sy. No,s. 12, 12lA and 13, admeasuring 327 Sq. yards or 273.37 Sq. meters, situated at SIET Employees Co-Op. Housing Society of Guttala Begumpet Village, on Sunday OBtOgt2O24 within the limits of GHMC Serilingampally Circle, Serilingampally Mandal, Ranga Reddy District, Telangana pending disposal of the above writ petition. Counsel for the Petitioners: SRI C.B.RAM MOHAN REDDY, SENIOR cOUNSEL Counsel for the Respondent Nos.1 TO 3: SRI L.RAVINDER, AGp FOR FOR SRI SIDDARTH C.B Counsel for the Counsel for the Respondent No.4: SRI RAPARTHT VENKATESH, SC FOR MpCL Respondent No.S: SRI KATIKA RAVTNDER REDDY, SC FOR Counsel for the Respondent No.6: SRI N.SREEDHAR REDDy, SC FOR HYDRAA REVENUE TGSPDCL The Court made the following: ORDER / HON'BLE SRI JUSTICE C.V.BHASKAR REDDY 1VRIT PETITION No.7 of 2025 ORDER: It is stated that the petitioners are the owners and possessors of Plot No.22 to an extent of 327 square yards in Sy.Nos.12, 12leo and 13, situated at SIET Employees Co-operative Housing Society of Guttala Begumpet Village, Serilingampally Mandal, Ranga Reddy District, having purchased the same through registered sale deed bearing document No.45O8 of 23024, dated 29.02.2024. It is further stated that the petitioners have obtained all necessary permissions for construction of residential house in the subject property ald the same was also assessed for property tax and other taxes payable to the local authorities. The grievance of the petitioners is that the respondents, without issuing any notice claiming that the land purchased by the petitioners would fall under the Full Tarrk Level/ Buffer Zone of Sunnam Cheruvu, proceeded to conduct survey and demolished part of the constructions. ')

2. Considered the submissions of the learned counsel for the petitioner; Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3, Sri Raparthi Venkatesh, learned Standing Counsel appearing for respondent No.4 and Sri Katika Ravinder Reddy, learned Standing Counsel appearing for respondent No.5 and with their consent, this writ petition is disposed of at the admission stage.

3. Sri C.B.Ram Mohan Reddy, learned Senior Counsel representing Sri C.B.Siddharth, learned counsel for the petitioners submitted that the action of the respondents in demolishing the property of the petitioners without issuing notice amounts to violation of principles of natural justice and also Articles 14,21 and 3OO-A of the Constitution of India

4. Per contra, Sri Katika Ravinder Reddy, learned Standing Counsel appearing for respondent No.5, on instructions, u,ould submit that the property purchased by the petitioners is forming part of the Buffer Zone of Sunnam Cherurru (tank). It is further submitted that if the I .) constructions are not removed from the FTL, the same would cause damage to the tank and abutting locality and during the rainy season, the water may flow into the nearby residential colonies and cause hindrance.

5. A careful examination of the contentions of learned Senior Counsel for the petitioners would reveal that the respondents have not issued any notice before fixing the FTL/ Buffer Zone and localization of the sarre after considering the objections of the petitioners. Whatever may be the laudable object of the respondents in protecting the public property/ communal property (tanks), such action should be initiated inconsonance with principles of natural justice and violation thereof, amounts to exercising arbitrary power. Further, the issues raised in this writ petition with regard to identihcation, fixation of the FTL/Buffer Zone and extent of the tank are required to be considered only after elaborate evidence. I \

6. Since it is the case of the petitioners that the respondents have not followed the directions issued by this Court in W.P.No.27 I 10 of 2024 ald batch and the I 4 decisions of the Hon'ble Apex Court in Rajendra f,;umolr Barjatya and. anotlrr; as. u.p. Ava.s Evqm Vikqs parishad. and. othersl, tl-ris Court is of the opinion that ends of justice would be met if the respondents are directed to follow the guidelines issued by this Court in W.p.No.27l lO of 2024 and batch and a_lso the Apex Court in Rajend.ra Kumar Barjatga (supra) strictly, before initiating any action for removal of the existing structures. It is needless to observe that if the respondents have not followed the aforesaid directions, the petitioners are at liberty to claim damages/ compensation, in accordance with law. 7 . With the above observations, this Writ petition is disposed of. There sha_ll be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. Civil Ap peal No.1 4604 ot 2024 dated 17.12.2024 //TRUE COPY' I SD/. T. TIRUMALA ASSISTANT REGIS VI @/ SECTION OFFICER To \ Telangana 500078 State Secretariat Buildings Hyderabad, State of Telangana

1. The Principal qecptiry Revenue Department Dr B R Ambedkar Telangana 2. The District Qolleclor, Collectbrate Complex, AnthaipaTly, Secunderabad, 3. The Tahsildar. Kukatpally Mandal, Medchal Malkajgiri District, TS 4. The Municipql commissibner, Kukatpally Zone, GiSater Hyderabad IVlunicipal 5. The Commissioner O/o.Municipal Administration and Urban Development PS.qlrtfS nl, Hyderaba{ Disadter Response a nd Asset p rotectio; Xg;;;y - HYDRAA. Secretariate BR Ambedkar bhavan Hvderabad TS 6 -The Assistant Engineer, operations southern p<iwer Distribution comoanv of 7- r erangana state Limited€peration, Allapur, Kondapur Division, cyoei clty. 7. One CC to SRt STDDARTH C B. AOvoii[e rOp-UCt Corporation, TS I B. Two CCs to GP FOR REVENUE, High Court for th'e State of Telangana, at Hyderabad. [OUT]

9. One CC to SRI RAPARTHI VENKATESH, SC FOR A/PCL [OPUC] 10.One CC to SRI KATIKA RAVINDER REDDY, SC FOR HYDRAA [OPUC] 11 . One CC to SRI N.SREEDHAR REDDY, SC FOR TGSPDCL [OPUC] 12.f wo CD Copies PSK. GJP s r.r \ HIGH COURT DATED:0310112025 \ \ ORDER WP.No.7 of 2025 / ? ; Y {) o f1 TS /t t 2B JAN 2[?5 * c ES ? AT C t I DISPOSING OF THE WRIT PETITION WITHOUT COSTS ert*''w