G. Vamshi Krishna v. The State Of Telangana And 2 Others
[ 3219 I HIGH COURT FOR TIIE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI WRIT PETITION NO: 464 OF 2023 Between:
G. Vamshi Krishna, S/o. Laxminarayana, Occ. Doctor, R/o. H.No.2'2-2, Jammikunta Town and Mandal, Karimnagar District.
...PETITIONER AND 1 . The State of Telangana, represented by its Principal Secretary to the Municipal Administration, Secretariat Buildings, Hyderabad.
2. The Jammikunta Municipality, represented by its commissioner, Jammikunta Proper and Mandal, Karimnagar District.
3. Ponaganti Jyothi, Wo. Late Sampath, Occ. Housewife, R/o H. No. 16-2-651A, Motkulagudem, Jammikunta Mandal, Karimnagar District. ,.RESPONDENTS Petition under Article 226 of the Constitution of India pralng that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondent No. 2 authority in not taking any action against the illegal construction of compound wall by the respondent No. 3 adjacent to petitioner's plot i.e., plot of land admeasuring 363.36 Sq.Yds in Sy. No. 785/C/1, situated at Motkulagudem Village, H/o.
Jammikunta Municipality, Jammikunta Town and Mandal, Karimnagar District, even by occupying the public road, considering the representation submitted by the petitioner dated I l/1112022, is nothing but arbitrary, itlegal, null and void and violative of principles of natural justice and also violative of Articles 14, I 9 and 2 I of the Constitution of India and also violative of the provisions of the Telangana Municipalities Act. Consequently direct the respondent No. 2 authority to take necessary action against the illegal construction of a compound wall which is made and being made by the respondent No. 3 adjacent to the plot of the land admeasuring 363.36 Sq.Yds in Sy. No.'7851C11, situated at Motkulagudem Village, H/o.
Jammikunta Municipality, Jammikunta Town and Mandal, Karimnagar District, consitlering the representation submitted by the petitioner dated 11/11/2022 IA NO: I OF 2023 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 respondent No. 2 authority to take necessary action against the illegal construction of a compound wall which is made and being made by the respondent No. 3 adjacent to the plot of the land admeasuring 363.36 Sq.Yds in Sy. No. '7851C11, situated at Motkulagudem Village, H/o.
7/ Karimnagar District, considering the representation submitted by the petitioner dated 11t1112022 : SRI. KVENUMADHAV : GP FOR MCPL ADMN URBAN DEV : SRI M RAM MOHAN REDDY Counscl for the Petitioner Counsel for the Respondent No.1 Counsel for the ResPondent No.2 The Court made the following
TI{E HON'BLE SMT. JUSTICE P.MADHAVI DEVI WRIT PETITION No.464 of 2O23 ORDER:
This Writ Petition is Iiled seeking a writ of mandamus declaring the action of tJre respondent No.2 in not taking any action against the illegal constmction of compound wall by the respondent No.3 in the plot adjacent to the petitioner's plot i.e., in land admeasuring 363.36sq.yds. in Sy.No.785/C/ 1, situated at Motkulagudem Village, H/o.Jammikunta Municipality, Jammikunta Town and Manda-i, Karimnagar District as illegal and arbitrary and consequently to pass such other order or orders. 2.
karned counsel for the petitioner submitted that the respondent No.3 is the neighbor of the petitioner and has encroached upon his plot and public road to some extent and has constructed compound wall and also a tin shed in the said plot without any permission. Alleging that the respondent No.2 has not taken any action on the representation of the petitioner dated IL.LL.2O22, the present Writ Petition has been filed.
3. Learned Standing Counsel for the Municipalit5z appearing for the 2"d respondent, on instructions, submitted that the 3'd
PMD,J w.P.No.464 of 2023 ., respondent has not obtained any permission for construction of the compound wall or even erecting the tin shed in the said plot. 4.
In view of the above submissions of both the parties, this Court deems it fit and proper to direct the 2nd respondent to consider the representation of the petitioner dated 1L,11.2022 and pass appropriate orders thereon by following due process of law and after hearing all the concerned including the 3'd respondent. 5.
Accordingly, the Writ Petition is disposed of at the admission stage. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Pelition, sha1l stand closed.
SD/- A.V PRASAD ASSIST ISTRAR //TRUE COPY// CER To,
1. The Principal secretary to the Municipal Administration, Secrekriat Buildings, state of Telangan4 Hyderabad.
2. The commissioner, Jammikunta Municipality, Jammikunta Proper and Mandal, Karimnagar District.
3. One CC to SRI. K VENIJMADHAV Advocate [OPUC]
4. One CC to SRI. M RAM MOHAN REDDY(SC) [OPUC]
5. Two CCs to GP FOR MCPL ADMN URBAN DEV ,High Court for the State of Telangana, Hyderabad. [OUT]
6. Two CD Copies
/it HIGH COURT PMDJ DATED:06/01/2023 lHE ST4 v, I, f q :o() ,'
2 5 JAl{ 2023 c \ \
ORDER
WP.No.464 of 2023 WRIT PETITION IS DISPOSED OF WITHOUT COSTS