Mandala Kishan Reddy, v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTYTWO PRESENT THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITION NO: 36744 OF 2022 Between:

Mandala Kishan Reddy, S/o Late Laxma Reddy, Aged about 50 years-., Occ. Agriculture, Fyo H.No.1-25, Rangampalli Village, Peddapalli Mandal and District' Telangana.

...PETITIONER AND

1. The State of Telangana, Rep. by its Principal Secretary, Municipal Administration Department, Secretariat Buildings, Hyderabad.

2. The Peddapalli Municipality, Rep. by its Commissioner, Peddapalli.

3. Sama Thirupathi, S/o Cheralu, Aged about 42, Occ. Business, Fl/o H.No.254/7, Kolandor Village, Odela Mandal, Peddapalli Disfrict.

4. Guda Kishan Reddy, S/o Ram Reddy, Aged lbout 48 years, Occ. Business, Fl/o H.No.4-2-134110, Near Srinivasa Theatre, Peddapalli.

5. Gogu Rajaiah, S/o Bhumaiah, Aged about 4o...years' Occ.Blsiness, Rl/o H.N;.1-35, Thurkalamaddikunta Village, Peddapalli Mandal and District.

6. Tandra Sadaiah, S/o Mudunaiah Aged about 41 years, Occ. Business, Fl/o H.No.1-1 , S.C. Colony, Cheekurai Village, Peddapalli Mandal and District. .,.RESPONDENTS Petition under Article 226 o'f lhe 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, by declaring action of the 2nd respondent in not considering the representalion d1.1810712022 made by the petitioner for taking necessary action against the respondents 3 to 6 in making construction illegally in the land in Sy.No.23lb/1 to an extent of Ac.0-"15 gts., situated at Rangampalli Village, Peddapalli Mandal and District belonging to the petitioner and against the

permissions granted to the respondents 3 to 6 as being arbitrary, illegal and violative of principles of natural justice and contrary to the provisions of the Telangana Municipalities Act, 20'19 and consequently direct the 2nd respondent to take necessary action against the respondents 3 to 6, on the representation made by the petitioner d1.1810712022 for illegal constructions being made by the respondents 3 to 6.

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 direct the 2nd respondent forthwith to take necessary action against the respondents 3 to 6 for illegal construction in the land in Sy.No.23ibl1 to an extent of Ac.0-1 5 gts., situated at Rangampalli Village, Peddapalli Mandal and District belonging to the petitioner, pending disposal of the main writ petition. Counsel for the Petitioner: SRI D. BHASKAR REDDY Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI N. PRAVEEN KUMAR, S.C. FOR MUNICIPALITIES Counsel for the Respondent Nos.3 to 6: -- The Court made the following: ORDER

THE HON'BLE SMT. JUSTICE LALITHA XANNEGANTI WRIT PETITION No. 36744 0F 2022 ORDER:

This Writ Petition is filed seeking the following relief: to issue a writ, order or direction more particularly one in the nature of writ of mandamus by declaring action of the 2"d respondent in not considering the representation dated 18.07.2022 made by the petitioner for taking necessary action against the respondents 3 to 6 in making construction illegally in the land in Sy.No. 23/b/t to an extent ofAc.O.l5 gts, situated at Rangampalli Village, peddapalli Mandal and District belonging to the petitioner and against the permissions granted to the respondents 3 to 6 as being arbitrary, illegal and violative of principles of natural justice and contrary to the provisions of the Telangana Municipalities Act, 2019 and consequently, direct the 2.d respondent to take necessary action against the respondents 3 to 6 on the representation made by the petitioner dt. 18.O7.2022 for illegal constructions being made by the respondents 3 to 6 and pass such other order or orders as this Honble Court deem llt and proper in the circumstances of the case."

Sri D. Bhaskar Reddy, learned counsel for the petitioner submits that the petitioner has given the representation dated 18.07.2022 stating that the unofficial respondents are making construction in the petitioner,s land and requested the official respondents to take action. 3.

Learned Standing Counsel lor the respondent ) ) municipality Sri N. Praveen Kumar submits that the municipal

-) authorities will consider the representation and pass appropriate orders.

4.

When the petitioner has given , a representation stating that the unofficial respondents are making construction in his land, the official respondents should have considered the said representation after giving due notice to the unofficial respondents.

5.

Taking into consideration the submission of the learned Standing Counsel, the Writ Petition is disposed of directing the official respondents to consider the representation dated 18.O7.2O22 of the petitioner and pass appropriate orders within four weeks from the date of receipt of a copy of this order, duly putting the unofficial respondents on notice. As this Court is directing the official respondents to issue notice to the unofficial respondents, issuance of notice to the unofficial respondents by this Court is not necessary. No order as to cost s.

6.

The miscellaneous Applications, if any shall stand closed.

SD/-P.PADMANABHA REDDY ASSISTANT REGISTRAR ;'

SECTION OFFICER \ ,TRUE COPY// To,

1. The Principal Secretary, Municipal Administration Department, State of Telangana, Secretariat Buildings, Hyderabad.

2. The Commissioner, Peddapalli Municipality, Peddapalli.

3. One CC to SRI D. BHASKAR REDDY, Advocate [OPUC] 4dyvt-

\

4. Two ccs to GP for Municipal Administration and Urban Develooment- Hioh Court for the State of Telangana at Hyderabad. [OUT]

5. One CC to SRI N. PRAVEEN KUMAR, S.C. for tVlunicipatities tOpUCl

6. Two CD Copies.

7. One Spare Copy MP BS

HIGH COURT DATED:2210912022 c { y1L'. S Ta ?-c:

ORDER

[ 1 ilT 2$I2 WP.No.36744 ot 2022 , DISPOSING OF THE WRIT PETITION WITHOUT COSTS lo