G. Vijay Kumar v. The State Of Telangana

[3230 | HIGII COURT FOR TIIE STATE OF TELANGANA AT IIYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENry SXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT TTIE HONOURABLE SMT JUSTICE LAIITIIA KANNEGANTI WRIT PETITION NO: 45818 OF 2022 Between:

G. Vijay Kumar, S/o. Adinarayana, Occ. Business, R/o. 'H" Block, 103, Madhura Nagar,Hyderabad-s00 03 8.

...PETITIONER AND

1. The State of Telangana, Rep. by its Seoetary, MA and UD Department, Secretariat, Hyderabad.

2. The Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, Lower Tankbund, Hyderabad.

3. The Deputy Commissioner, GHMC, Quthubullapur Circle, Quthbullapur, Hyderabad.

4. The Deputy Commissioner, GHMC, Gajularamaram Circle Gajularamaram, Hyderabad.

5. ln4l!. Megha Engineering and Inliastructure Ltd, Rep. by its Managing Director, Offrce at Balanagar, Hyderabad.

...R,ESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any Writ or Direction declaring the action of the Respondents in trying to lay a road and raising the walt in the land of the Petitioner, admeasuring 2623 Sq.Yards in Sy.Nos.144, situated at Quthbullapur Village, Ranga Reddy District, within the GHMC limits, Hyderabad, as illegal, unjust, arbitrary and unconstitutional and direct the Respondents not to lay any road and raise any wall in the Petitioner land IA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affrdavit filed in support of the petition, the High Court may be pleased to grant Interim Direction to direct the Respondents not to lay any road and raise any wall and do any work in the Petitioner land admeasuring 2623 Sq.Yards in Sy.Nos.l44, situated at Quthbullapur Village, Ranga Reddy District, within the GHMC limits, Hyderabad, Pending disposal of the Writ Petition,

Counsel for the Petitioner(s):SRl. Y VENKATASATYAM Counsel for the Res[ondent 1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondents 2 to 5: SRI. M. DHANANJAY REDDY, SC The Court made the following: ORDER

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION No.45818 of 2022 ORDER:

The writ petition is Iiled seeking the following relief " ... to issue a Writ of Mandamus or any Writ or Direction declaring the action of the Respondents in trying to lay a road and raising the wall in the land of the Petitioner, admeasuring 2623 Sq.Yards in Sy.Nos.i44, situated at Quthbullapur Village, Ranga Reddy District within the GHMC limits Hyderabad as illegal, unjust, arbitrary and unconstitutional and direct the Respondents not to lay any road and raise any wall in the Petitioner land and ....'.

2.

Mr. Y. Venkata Satyam, iearned counsel for the petitioner submits that the petitioner is absolute owner and possessor of the subject property. It is stated that the petitioner has purchased the property by way of registered sale deed dated 13.12.2OO1. Learned counsel for the petitioner submits that on 20.12.2022, the respondents without any authorit5r have started laying the road in the petitioner's land. Then, the petitioner has approached the Deputy Executive Officer of GHMC and he was informed that the work was being executed on the instructions of Town Planning Section and the petitioner has also visited them. It is stated that the respondents have not given any marking.

I 3.

Learned counsel for the petitioner submits that the respondents without following the due process and without acquiring the land, again laying the road in the petitioner's land.

LK, J W.P-No.45818 of 2022 4.

When this matter came up ot 23.12.2022, this court has directed the respondents to maintain status-quo and directed the learned standing counsel to get instructions. 5.

Mr. M. Dhananjay Reddy, learned standing counsel for the respondent municipality submits that pursuant to the orders passed by this court, the respondent corporation has stopped laying the road and construction of wall in the petitioner's land in Sy.No. 144. Basing on the written instructions placed before this court, he submits that the respondent corporation will take up the work of laying tlle road after verification of the petitioner's documents by following due process of law.

6.

Recording the said written instructions, this writ petition is disposed of directing the respondents not to lay the road in the petitioner's land without following ttre due process of law. No order as to costs.

7 .

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

SD/- MOIID. SANAULLAII ANSARI ASSISTAI{T REGISTRAR //TRUE COPY// SECTION OFFICER

,/ To,

1. The Secretary, MA and UD Department, Secretariat, State of Telangana' Hyderabad'

2. The Greater Hyderabad Municipal Corporation, Rep' by its Commissioner' Lower Tankbund, HYderabad.

3. The Deputy Commissioner, GHMC, Quthubullapur Circle' Quthbullapur' Hyderabad'

4. The DeputY Commissioner, Hyderabad.

GHMC, Gajularamaram Circle Gajularamaram,

5. The Managing Director, IWs. Megha Engineering and Infiastructure Ltd' Ofiice at Balanagar, HYderabad.

6. One CC to SRI. Y VENKATASATYAM Advocate [OPUC] T.TwoCCstoGPFoRMCPLADMNURBANDEV,HighCourtfortheStateof Telangana. [OUT] 8.TwoCCstoSRI.DHANANJAYREDDY,SC,HiehCourtfortheStateof Telangana. [OUT]

9. Two CD CoPies

HIGH COURT t I LK,J DATED:2611212022 1HE STA oo [2 TEB 2[8

ORDER

WP.No.45818 of 2022 WP IS DISPOSED OF WITHOUT COSTS