✦ High Court of India · 24 Sep 2025

High Court · 2025

Case Details High Court of India · 24 Sep 2025
Court
High Court of India
Decided
24 Sep 2025
Bench
Not available
Length
1,286 words

6. pasula Jyothi, W/o Pasula Srinivas Aged 35 Yrs, Occ Pvt Job 10-5-463 North, Lalaouda. Near Subash Statue, Tukaram Gate, WC Secunderabad, PO' Gila"gud;, Sub District Hyderabad, State Telangana, Pin code 500017

7. filuthyala Parvathi, Venkatesh 49"d 32 Yrs, Occ.Unemployed R/o H-No. B-7- 7,- Cn Naga. Sy.no.3$, OU-Bowenp?lly.^-B-alanagar Mandal, Medchal- Malkajgiri Oist. Stale Telangana, PIN Code 500011

8. M Chandrakala, W/o late M.Narsimha @ tvl.Narsilg [ao Aged..61-Yrs, Occ. - Housewife R/o H.trto 8-7-6, RR Nagar, Sy.no.36. Old-Bowenpally, Balanagar Mandat, Medchal-Malkajgiri Dist. state Telangana, PIN code 500011 a

9. M Harathi, D/o [\I Narsing Rao. Aged 42. Occ. Pvt Employee R/o H.No 8-7- 61/4, RR Nagar, Road No. 10 Ndgar Sy.no.36. O_lQ-.Bew9nP?l!y^._Balanagar Mandat, Meddhal-Malkajgiri Dist. State Telangana, PIN Code 500011 10.M Prem Kumar, S/o Late M.Narsing Rao, Aged 41. Occ. Pvt Employee. 11. M Archana, D/o M.Narsing Rao. Aged 38 Yrs, Occ Unemployed. 12.MVandana, D/o, M. Narsing Rao. Aged 37 Yrs Occ,House Wife. 13. M. Shiva Krishna Rao, S/o M. Narsing Rao, Aged 33 Yrs. Occ Pvt Job, 14. M. Prabhavathi, Second W/o, M. Narsing Rao. Aged 55 Yrs Occ Housewife, 15.M.Sai Krishna Rao, S/o M. Narsing Rao, (Through Second Wife M.Prabhavathi) Aged 25 Yrs Occ Pvt Job, (PP10 to 15 residing at H.No 8-7-6, RR Naqar, Sy.no.36, Old-Bowenpally, Balanagar Mandal' Medchal-Malkajgiri Dist. Telantlana-50001 1 ) PP3 to 15 brouEht on record as LRs of the deceased Petitioner No'2 as beic.o.at.o+.08-.2025 in lA No.1/2025. ...PETITIONERS AND

1. The State of Telangana, Rep' by Principal Secretary' Municipal Aln'inistr? ' ;il U;b;;"D6rerodm.ni,'ii{ice'situiteja At secretdriat Buildins' saifabad' Hyderabad.

2.TheComnrissioner,QIMC,OfficeSituatedatTankBund'Hyderabad' 3. Deputy Commissioner, GHMC, Circle No' 14' Kukatpally' GHMC' 4. Assistant (lity Planner, Circle No' 14, GHMC' Tank Bund' Hyderabad' u tt'',Ys,J"::l',"",[5"j"r?.";?g;R""5%t-r?3i:il';,::lr,ir',13:"",T::196S: ...RESPONDENTS Petition ttnder Article 226 ol lhe Constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issut: Writ of Mandamus or any other appropriate Writ or pass order or issuedirectionl)ydirectingrespondentslto4byrestrainingtherespondentno.5 from carrying out any kind of illegal and unlaMul construction of activity including from changing the nature of the land covered by survey no' 36 of Old Bowenpally village, Balanat;ar Mandal, R.R. District in the interest of iustice' l.A. NO:1 oF it01 MP. NO: 577490F20 16) Petition undei Section 151 cPC praying that in the circumstances stated in the affidavit fi,ed in support of the petition, the High court may be pleased to against resporrdent no 1 to 4 by restraining the respondent no. 5 from carrying out any kind of illegal and unlawful construction of activity including from changing the nature of the land covered by survey no. 36 of old Bowenpally village, Balanagar Mandal. R.R. District pending disposal of writ Petition in the interest of Justice and pass any such order/orders as this l-lcn'ble court deem fit and proper in the circumstance of case. lA NO: 1 OF 2019 Between: Praga Tools Officer's Co-QP.,.!-fgttj!g Sgp!"V: Rep by its Sec.retary' Sri' Kishore' bituiteO at Premisei No. O:O-e132, Kalvadiguda, Secunderabad. ...PETITIONERS/Rs AND

1. sved AzamAli, s/ o. Late syed Yousf Ali Ga.zi, Age 44 yeat, occ service, r' -vrinuoo5 caroen Colony,- Sev6n tombs Road, Hi;." t?tb)).tis-, Tolichowiki,HYderabad.,

2. A.Venkatesham s/o. Pentaiah, Age 68 years, F/o.H.No. 8'7'7, R'R Nagar' Sv.no.36. ou-rio-winpiriv, gatanlgLi Mindal,' Medchal-Malkajgiri Dist, State T6langana, PIN Code 500011. ...RESPONDENTS'PETITIONERS 3. The State of Telangana, Rep. by-Principal Secretary, Municipal Administration and Urban D";;6d;;i,' ot?rc"'sitriteO nt Secretdriat Building, Saifabad' Hyderabad.

4. The Commissioner, GHtVlC, Office Situated at TankBund, Hyderabad' 5.DeputyCommissioner,GHMC,CircleNo.l4,Kukatpally,GHMC. 6. Assistant city Planner, circle No. 14, GHMC, Tank Bund, Hyderabad' ...RESPONDENTS/RESPON D E NTS 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 vacate the interim order granted in WP.MP.5774912016 in WP'No'4688712016 dt.4.1 .2017. Counsel for the Petitioner No.1 : SRI MD AJMAL AHMED Counsel for the Petitioner No.3to15 : SRI YASHO SURYA JETTI a Counselfor Respondents No.1to4 : SRI K.RAVI MAHENDER, SC FOR GHMC Counsel for the Respondent No.5 : SRI E.MADAN MOHAN RAO, Sr.Counse! FOR SRI M.SRINIVAS The Gourt made the following: ORDER ,/ \ \ HON'BLE SRI JUSTICE LAXMI NARAYANA ALTSHETTY Writ Petition No.46887 of 2016 ORDER Thir; writ petition is frred to issue a writ of Mandamus directing 'espondent Nos.l to 4 to restrain respondent No.5 from carrying out any kind of illegar and unauthorized construction including changing the nature of land in Sy.No.36 of old Bowenpally village, Balanagar Mandal, Ranga Reddy District. 2. Heard Sri Md. Ajmar Ahmed, leamed counsel for petitioner No.l, Sri 'Yasho Surya Jetti, learned counsel for petitioner Nos.3 to 15, who are irnpleaded as legal heirs of the deceased-petitioner No.2, Sri K.Ravi Mahender, Iearned Standing counsel for respondent Nos.l to 4 and Sri E.Madan Mohan Rao, learned senior counsel aF,pearing for Sri M.Srinivas, learned counsel-on-record for respondent No.5.

3. Learned counsel flor petitioners submitted that petitioners are owners and possessors of part of agricultural land covered by Sy.No.36 of old Bowenpally village, Balanagar Mandal, Ranga Reddy District and respondent No.5, without any manner of right over the subject land, was making illegal and unauthorized I 2 LNA, J WP.No.46887 of 2016 construction by changing the nature of the subject land. Aggrieved by the same, the present Writ petition is filed.

4. Learned counsel for petitioners further submitted that earlier, this court while admitting the writ petition, by order dated

04.01 .2017 directed both the parties to maintain status quo obtaining as on that day and later, after elaborate hearing, this Court modified the said order by passing a detailed order dated

21.04.2025, as per w'hich respondent No.5 was directed not to proceed with the building construction unless building permission is granted. Learned counsel prayed to dispose of the writ petition in terms olthe said interim order, dated 21.04.2025.

5. Learned senior counsel appearing for respondent No.5 has not disputed the submissions made by learned counsel for petitioners.

6. Accordingly, this Writ Petition is disposed of in terms of interim order dated 21.04.2025.

7. Miscellaneous petitions pending, if any, shall stand closed. No costs. SD/. B.RE SIS /TRUE COPY// ECTION OFFICER To,

1. 3t?":'51fi 1g?:o'ii'3:?d,yi'uff"1if3#'':'

2. The Commissioner'GHMC' stration State, , Hyd erabad Office Situated at TankBu nd, Hyderabad rban DeveloPment,

5. o.

9. The Deputy commissioner, GHIvrc, circte No. 14, Kukatpaily, GHMC. The Assis;tant city Planner, circle No. 14, GHMC, Tank Bund, Hyderabad One CC to SRI MD AJMAL AHIUED, Advocate. tOpUCl One CC to SRI YASHO SURYA JETT|, Advocate. tOpUCI one cc to sRl K.RAVINDER MAHENDER, sc FoR GHI\rc. topucl One CC to SRI M.SRIN|VAS, Advocate. [OpUCJ Two CD Copies / BSK BSR Yv a ? HIGH COIJRT ) \ DATED i2410912025 THE S t U }. * 3 c iAl\l 2026 * ORDER WP.No.46887 of 2016 DISPOSING OF THE WRIT PETITION WITHOUT COSTS a \\ ."{"4 &e

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