Katepally Madhu Mohan Reddy v. The State of Telangana, And Another
Court: High Court for State of Telangana
Bench: K.LAKSHMAN
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-12-23. Katepally Madhu Mohan Reddy v. The State of Telangana, And Another. Read the judgment and case...
Judgment text
[3168 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION NO: 19666 OF 2022 Between: Katepally Madhu Mohan Reddy, S/o. Janardhan Reddy, Aged about 33 years, Occ; Business, Fl/o. Plot No. 74, Road No. '1 , Nagarjuna Nagar Colony, Kushaiguda, ECIL Post, Hyderabad 500 062. ..... PETITIONER AND 'I . The State of Telangana, Rep. by its Principal Secretary, Municipal Administration, Having office at BRK Bhavan, Secretariat, Hyderabad. 2. The Municipal Commissioner, Thumkunta Municipality, Medchal Malkajgiri District. 3. K. Prasanna, Wo. K. Mahipal Reddy, aged 46 years, Occ : Housewife, R/o. H. No. 4-6-101, Gandhi Street, Hayathnagar, Village and Mandal, Ranga Reddy District. (Respondent No. 3 is impleaded as per Court Order dated 23-'12-2024 in l. A. No. 2 ot 2022) .....
RESPONDENTS Petition Under Article 226 of 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 Writ of Mandamus, direcling the Respondent No. 2 to mutate the function hall admeasuring 17,2125q. Ft. , ACC constructed on the land admeasuring Ac. 01-00 in Sy. No. 3631al112, situated at Thumkunta Village and Municipalily, Shame€rpet Mandal, Medchal Malkajgiri District and further direct the Respondent No. 2 allot a PTI No. to the house bearing No. 4-63/2 which was allotted by then the Grampanchayat Thumkunta, Shameerpet Mandal, Medchal Malkajgiri District and pass 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 Respondent No. 2 to mutate the sheds with plinth area of 17,212 Sq. Ft.
, ACC constructed on land admeasuring Ac. 01-00 in Sy. No. 363lal 112, situated at Thumkunta Village and Municipality, Shamecrpet Mandal, Medchal Malkajgiri District, pending disposal of the writ petition in the interest of justice and equity. Counsel for the Petitioner : SRI POLICE VENKAT REDDY Counsel forthe Respondent No. 1 : GP FOR MCPL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No. 2 : SRI P. KRISHNA REDDy Counsel for the Respondent No. 3 : SRI A. GOpALA KRISHNA The Court made the following ORDER THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No. 19666 oF2022 OR-DER: HeardSriPoliceVenkatReddy,leamedcounselforpetitioner, for 2nd Standing counsel appearing sri Putta Krishna Reddy, leamed learned counsel Sri A'Gopalakrishna' respondent Corporation and - resPondent' appearing for 3'd is the is claiming that he absolute owner 2.
The petitioner herein and possessor of the Function Hall under the name and style of 'Mogulla admeasuring 17'212 Hall' bearing No'4-63/2 Mohan Reddy Function at of Ac' l '00 cents situated in the land to the extent sq. feet, constructed District on the Shameerpet and Municipality' Thumkunta Village No'6195 of 2018' str€ngth of registered sale deed bearing document function hall even The petitioner is running the said dated 10. 09. 2018. grampanchayat into the 2nd respondent -of Thumukunta before merger to said to pay property tax the Municipality. The petitioner used grampanchayat in the 2nd merger of Thurnukunta grampanchayt. After the petitioner has submitted a representation respondent - Municipality, PTIN with a request to assign with the 2nd respondent dated 20. 10. 2021 pay property tax to Hall' to enable him to said Function number to the I ) the 2nd respondent. Despite receiving and acknowledging the said representation, 2nd respondent did not act upon the same.
Aggrieved by the said inaction of the 2nd respondent, the petitioner has filed the present writ petition. 3. Perusal of the record would reveal that 3d respondent filed a suit vide O. S. No. l92 of 2017 against the petitioner seeking partition and separate possession of the suit schedule property, but the same was dismissed. Feeling aggrieved by the said judgment and decree, she preferred an appeal vide A. S. No. 28 of 2023 and the same is pending. There are no interim orders. Vendor of the petitioner also filed a suit vide O. S. No. lll of 2023 against the petitioner and others seeking partition and separate possession ofthe suit schedule property. The said suit is also pending. There are no interim orders in the said suit. Therefore, 2nd respondent has to consider the said representation dated 20. 10. 2021 and dispose it of in accordance with law by putting the petitioner, 3'd respondent and also the plaintiff in O. S. No. I I I of 2023 on notice. 4.
In the light of the same, this writ petition is disposed of directing the 2nd respondent to consider the representation dated 20. 10. 2021 submitted by the petitioner requesting him pTI to assign Number to the subject Function Hall, to enable the peritioner to pay \ t \ ,Y -1 laid down under Telangana property tax by following the due procedure and 3'd respondent Act, 2019 by putting the petitioner' Municipalities an of 2023 on notice and affording. them plaintiff in O. S. No. l ll six the said exercise within a period of shall complete opportunity. He copy of this order' In the date of receipt of a (6) weeks from the circumstances ofthe case, there is no order as to costs' in this writ petitions' if any' pending Consequently, miscellaneous closed' petition, shall stand ^1'J;l^''I,[ffi\3. ,P. '^'J COPY// . ' //TRUE OFFICER SECTION iffi"ffi"rfflii:T""J::i:h' \ lil? I;ufi1ir:n#;s:""*qffi l**g*nttls,**q**truu* SA GJP 1,q2 HIGH COURT DATED:2311212024 , ORDER I i IHE sr4 ( WP. No.
19666 of 2022 : : () 0 o ur zozs z . ,. , * ( n 4-7;t 1( DISPOSING OF THE W. P WITHOUT COSTS. b \'\et'
Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.