Neelarapu Ranjeeth Kumar v. The State Of Telangana, And 4 Others

\ HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITION NO: 28073 OF 2022 Between:

Neelarapu Ranjeeth Kumar S/o. Laxminarayana, Aged 48 years, Occ. Business, Rlo. H No. 9-2-209, Girmajipet, Warangal City, Warangal District.

...PETITIONER AND

1. The State of Telangana, Rep by its Prl. Secretary, lVlunicipal Administration & CAD Depafiment Secretariat, Hyderabad.

2. The Greater Warangal Municipal Corporation, Rep by its Commissioner Warangal District, Warangal.

3. The Town Planning Officer, Ursu Circle, Greater Warangal Municrpal Corporation, Warangal District.

4. Pingali Sampath Reddy, S/o. Kondandaram Reddy, Aged 57 years, R/o. H No. 571-60'l , Naim Nagar, Warangal.

5. Siva Sai Real Estates, Rep by its Partner T. Sanjeeva Reddy S/o. Raji Reddy, Aged 38 years, H No. 'l-7-87511 , Hunter Road, Hanamkonda. RESPONDENTS Petition under Article 226 o'f 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 Mandamus, declaring the action of the respondents 2 and 3 in not demolishing the unauthorized illegal constructions made by the unofficial respondents 4 and 5 who are illegally making constructions without obtaining any permission in the lands of the petitioner to an extent of Ac.5.06 gts in Survey Nos.

220 and 221 situated at Urus Revenue Village, Warangal, without considering the representation dated 06/06/2022 of the petitioner is highly illegal, arbitrary and against to the principles of natural justice and also violative of Articles 14, 19, 21 and 300-4 of Constitution of lndia and consequently direct the respondents 2 and 3 to demolish the unauthorized constructions immediately made by the unofficial respondents 4 and 5 without obtaining any construction permission in the interest of justice.

lA NO: 1 OF 2022 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 pass an order by directing the respondents 2 and 3 to demolish the illegal unauthorized constructionJ immediately made by the unofficial respondents 4 and 5 in the petitioners lands to an extent of Ac.5.06 gs in Survey Nos. 220 and 221 situated at Urus Revenue Village, Warangal, by considering the representation dated 06/06/2022 of lhe petitioner, pending disposal of the main writ petition.

Counsel for the Petitioner : SRI. AJAY KUMAR MADISETW counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT Counsel for the Respondent Nos.2 & 3 : SMT. PINGALI LAKSHMI, SC FOR MC WARANGAL Counsel .for the Respondent Nos.4 & 5 : '

The Court made the following: ORDER

( THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI W.P.No.28073 of 2022

ORDER

This writ petition is filed questioning the action of respondent Nos.2 and 3 rn not demolishing the unauthorized and illegal constructions made by the unofticial respondent Nos.4 and 5 wjthout obtaining any permission in the lands of petitioner to an extent of Ac.5-06 gts in Sy.Nos.220 and 221, situated at Urus Revenue Village, Warangal, without considering the representation dated 06-06-2022 of the petitioner as illegal and arbitrary.

2.

Heard learned counsel for the petitioner Mr. M. Ajay Kumar, learned Government Pleader for Municipal Administration and Urban Development for respondent No,1 , learned Standing Counsel for respondent Nos.2 and 3 Smt P, Lakshmi.

3.

Learned counsel for the petitioner submits that though the petitioner has given a representation dated 06-06-2022 stating that the unofficial respondent Nos.4 and 5 are making illegal constructions in the subject property, no action has been initiated by the official respondents and hence he has come up before this Court. However, he submits that today morning, the offrcials of respondent Corporation have visited the site and taken the measurements and also assured that they will take appropriate action in accordance with law.

LK. J W P No.2A073 ol 2022 4.

Learned Standing Counsel for respondent Nos'2 and 3, on instructions, submits that there is no ongoing construction in the subject property and the respondent Corporation will consider the representation of petitioner dated 06-06-2022 and take appropriate action in accordance with law.

5.

Recording the submission of the learned Standing Counsel for respondent Nos.2 and 3, the Writ Petition is disposed of directing the official respondents to take further steps in accordance with law within a period of four weeks from the date of receipt of a copy of this order. No order as to costs.

6.

Miscellaneous petitions, if any pending in this writ petition, shall stand closed.

SD/.K.AMMAJI ASSISTANT.REGISTRAR Ct'

SECTION OFFICER To, //TRUE COPY//

1. The Prl. Secretary, Municipal Administration and CAD Department, Secretariat, Hyderabad, State of Telangana.

2. The Commissioner, Greater Warangal Municipal Corporation, Warangal District, Warangal.

3. The Town Planning Officer, Ursu Circle, Greater Warangal Municipal Corporation, Warangal District.

4, One CC to SRl. AJAY KUTVAR tvlADlSETTY, Advocate IOPUCI

5. Two CCs to GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPIVENT DEPARTMENT, High Court for The State of Telangana at Hyderabad. [OUT] 6 One CC to SMT. PINGALI LAKSHMI, Advocate [OPUC]

7. Two CD Copies.

8. One Spare Copy.

AU GJP

HIGH COURT DATED:0510712022

ORDER

WP.No.28073 ot 2022 ,1 t1t a ::oo 2 E AUE 2[22 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 4.1/r ,/.r'

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