Palugulla Venkata Madhava Reddy v. The State of Telangana

Petition under Anide 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a writ, order or direction, more in the nature of Writ of Mandamus declaring the actions of the Respondents in seeking to interfere with the rights of the Petitioner in PIot No.1 part admeasuring 250 sq. yards or 209 sq. metres forming part of Sy.No.33/12 situate at Chengicherla Village and Gram Panchayat, Ghatkesar Mandal, Ranga Reddy District and bounded on North by IOC Company and Cherlapally Village Boundary, South- Road to NFC Bridge 100 feet wide Road to Singapore Township, East - Part of Plot No.l, West- 40 feet wide road surrounded by a compound wall as illegal, highhanded, arbitrary, without authority in law and consequently forbear them from interfering with the I.A.NO:{ OF 2017 (WPMP.NO: 48957 0F 20171 Petition Under Order 39 Rules 1 & 2 of C.P.C., praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to restrain the Respondents, more specifically. the Respondents 3 to 5 herein, their officials, servants and all those claiming under or through them from in any way interfering or demolishing any part of the compound wall and other construction of the Petitioner in Plot l',1o.1 part admeasuring 250 sq. yards or 20g sq. metres forming part of sy.No.33/12 situate at chengicherla village aod GramPanchayat.GhatkesarMandal,RangaReddyDistrictpendingdisposalof the above writ Petition. I.A.NO:2 OF 2017 (WPMP.NO:53088 OF 20171 Between: lndian Oil Corporation Ltd., Rep.by its Depot Manager, Chadapally, Kapra Mandal' Medchal District ...PETITIONER/RESPONDENT No.s AND 1 Paluoulla Venkata Madhava Reddy, S/o.Palugulla Narayana Reddy' Aged J;i- 4, v"-ai"l on Private eniployee' Rl/o H-No 2-1-7217 ' 3rd Floor' Opp.npSe6, nulhavendra Colony, Uppal X Roads, Hyderabad .....RESPONDENT/PETITIONER

2. State of Telangana, Rep.by its Principal Secretary. Revenue' Secrelariat' Hyderabad.

3. The District Coltector, Ranga Reddy Districd, Lakdikapool' Hyderabad' 4. The Tahsildar, Kapra Mandal, Medchal Distric{ 5. The Tahsildar, Medhalli Mandal, Medcfial District' .,...RESPONDENTS/RESPONDENTS 6 Telanoana State lndustrial lnfrastructure corporation (Tsllc), rep by its zonal " M;;ffi;.-G;la-li, odttoor, Parisrama Bhavan, Fateh Maidan Road' Bashtibrtiruh, Hyderabad - 500 004' Telangana'

7. Th _- t- 1 Lsildar, Ghatkesar Mandal, Medchal Distri<I. ....RESPONDENTS/PROPOSED RESPONDENTS 6 to 7 Peti ic stated in lh, pleased to b State lnd r;tr Respondr:nt - Under Order 16-4 of writ rules, of praying thitt ia the circumstances ;affidavit filed in support of the petition. th e l.{igh Court may be l.rg on record and make the proposed respordents i.e., Telangana a' lnfrastructure Corporation Ltd. (TSllC) and Tahasildar, Ghatkesar rlo 6 and 7 in the above W.P.No.39483 ot 201t. Counsel fc'r he Petitioner : SRI V.HARI HARAN Counsel fc,r he Respondent Nos.l to 4 : GP FOR REVENITE COUNSC! 'FC.r hE RESPONdENT NO.5 : SRI DOMINIC FERNANDT:S The Court m rde the following ORDER THE HON'BLE SRI JUSTTCE K.SARATH WRIT PETITION N0.39483 of 2Ol7 ORDER: Heard learned counsel appearing for the petitioner and learned Assistant Government pleader for Revenue for the official respondents and learned Standing Counsel appearing lor the respondent No.5 ald perused the entire material on record.

2. Learned Counsel for the petitioner submits that this writ petition is hled by the petitioner declaring the action of the respondents in interfering with the rights of petitioner in Plot No.l part admeasuring to an extent of 250 square yards or 209 square meters forming part of Sy.No.33/12, situated at Chengicherla Village and Gram panchayat, Ghatkesar Mandal, Ranga Reddy District and bounded on North by IOC Company and Cherlapally Village Boundary, South: Road to NFC Bridge lOO feet wide road to Singapore Township, East: Part of Plot No.1, West: 4O feet wide road surrounded by a compound wall. .) SI(,J W.p.Nc.394t83 of 2077

3. Learne I Counsel for the petitioner furt r';r submits that in vieu' r the interim orders passed by t[-r's Court in w.P.M.P.N,r .,1957 0f 20L7 , dated 22.11.')o17, the petitioner lt:t, , completed the construction of the cr'mpound wall in thr: s;t ir. scheduie property anci he is in pcssession of the schec 111 ' property ar-rd the responden t ; arc not interfeririy; i l-it the posse ssiorr oi the pe r.i -ic ne r and requesterJ trt : irect the respondents not to inl,erfe 're with the possessiot-^ rr he petitioner in luture, without following due process of 1a' ,

4. LearrLt. Standing Counsel appcarirr5l for the respondent ';,c.5 submits that after {i1ing c i the writ petition , t re :etitioner had completed the cotrstr uction of the compctrr r. wall and he is in peacefui possession ol the schedule rr r< 1 rertSr. Further submits that thr:r e is a civil suit pendinlr lrefore Civil Court between the perltroner and the TGIICI r stead of making TGIIC as responde'nt in the writ pel.iti r n the petitioner has Iiled instant v/ri: petition 3 sr(,J W.P.No.39483 of 2017 against the respondent No.s, thereby, the cause in the writ petition does not survive.

5. In view of the submissions made by both sides and in view of the interim orders passed by this Court, the petitioner has completed the construction of the compound wall in the schedule property and the respondents are not interfering with the possession of the petitioner.

6. In vieu, of the above circumstances, the writ petition 1S disposed of directing the respondents not to interfere with the possession of the petitioner in the subject property, without following due process of Iaw. There shall be no order as to costs

7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/- T. JAYASREE S ISTANT REGISTRAR SECTION OFFICER of Telangana at Hyderabad.

1. The Principal Secretary, Revenue' Secretariat' S z. ii|"-oltri"t coilector, Ranga Reddy District,.Lakdikapool, Hyderabad. 5. rne iarrsirAar, Kapra Mandal, Medchal District +. fnu frn.ifOar, Medipalli Mandal, Medchal District' 5. The Depot Manaser, l"d;;; b;e;6oration Ltd" Charlapallv' Kapra Mandal' 6. Two CCs to GP FOR REVENUE' High Courtforthe State of Telangana at ci to s'nt vlRnt HARAN' Advocate toPUCl z oi ;. il; cc i. snr DoMlNlC FERNANDES' Advocate [oPUC] 9. Two CD CoPies Hyderabad. [OUTI lrrledchal District. " I To SA I Tsf e.TA i' \ I \ 11 2g ult ?I?E c ,/ '' , n-.'rrr-r, ':i *-;---"' "t -) HIGH COURl DATED:19103!2025 ORDER WP.No.394"8l ot 2017 DISPOSING OF THE W.P WITHOUT C OSTS, /flt "?olail 1, {