Saragada Sampath Kumar Reddy v. The State of Telangana
Court: High Court for State of Telangana
Bench: K.LAKSHMAN
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-12-26. Saragada Sampath Kumar Reddy v. The State of Telangana. Read the judgment and case details on...
Judgment text
[ 3168 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENry FOUR PRESENT THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION NO: 36446 oF 2024 Between: 1. Saraga{a Sampath Kumar Reddy, S/o: Late Jagga Reddy Saragadda, Aged about 59 years, Occ: Singareni Lolliery worker,"*Ryo H. Uo 94-{512, OlObifr '17th Ward, New Ward, Contractor Basthi, Bellampalli 504251 District Mancherial, Telangana State 2. Darapp,u Venkata Ramana Reddy, S/o: Late DarappuJampa Reddy, Aged about 66 years, Occ: Tutor in Private College Tuition Centdr, R/o H. No d-3-q5, Old gth ward, New't7th Ward, Contractor Basthi, Bellampalli 504251 District Mancherial, Telangana State 3. Darappu pha(1a Kala, Wo: Late Darappu Krishna Reddy, Aged . 66, Occ: Teacher, R:io H. No 9-3-85/1, Old gth ward, New 17thWaid, Cdntractor Basthi, Bellampalli 504251 District Mancherial, Telangana State. ...
PETITIONERS AND 1 The State of Telangana, Rep by Principal Secretary, lr,4unicipal Administration Urban Development Authority, Secretariat, Hyderabad 2. The Bellampalli Municipality, Rep by its Commissioner, Bellampalli, Mancherial District. 3. The Town Planning Executive, The Bellampalli tvlunicipality, Bellampalli, Mancherial District. 4. The District Collector, Mancherial, [Mancherial District 5. The Tahsildar, Bellampalli Mandal, Bellampalli- 504251 District Mancherial, Telangana State. ... RESPONDENTS 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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of lr/andamus, declaring the action of the respondents, more particularly, Respondent No. 2 and 3 in interfering with the peaceful possession !
and enjoyment of tlre premises of the petitioners by threatening to demolish the iron sheds and its Compound wall and the houses, H. Nos. 9-3-BS/2,9-3-85 and gth 9-3-85/1 , Old Ward, New 17th Ward, Contractor Basti, Bellampalli-504201, Mancherial District, Telangana State, without following the due procedure and due process of law and in not considering their application dated 19-09-2024 and 28-09-2024 as well as earlier representations for allowing the petitioners to enjoy their property peacefully and to declare the respondents action as illegal, void, arbitrary and contrary to the provisions of the Telangana lvlunicipalities Act, 2019, besides being violative of principles of natural justice and violative of order daled 22. 07. 2021 passed by this Hon'ble Court in W. p. No. 16806 of 2021 and consequently direct the respondents, more particularly, Respondent No. 2 and 3 not to interfere with the peaceful possession of the petitioners houses bearing H. Nos.
9-3-85/2,9-3-85 and 9-3-85/1 gth , Old Ward, Nqw 17th Ward, Contractor Basti, Bellampalli-504251 , Mancherial District, Telangana State and not to demolish the iron s"reds, its compound wall and houses of the petitioners and consider the application dated 19-09-2024 and 28-09-2024. lA NO: 1 OF 2024 Petition unde' 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 respondents to consider the applications dated 19-Og-2O24& 28-Og- 2024 pending disposal of the above writ petition. Counsel for the Petitioners: SRI Y. RAMA RAO AND ASSOCIATES Counsel forthe Respondent No. 1: AGP FOR MCPL ADMN URBAN DEV Counsel for the Respondent Nos. 2 and 3: SRI PUTTA KRISHNA REDDY, SC Counsel forthe Respondent Nos. 4 and 5: AGp FOR REVENUE: The Court made the following: ORDER I HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No. 36446 OF 2024 ORAL ORDER: Heard Sri Y.
Rama Rao, learned counsel learned counsel for the petitioners, learned Assistant Government Pleader for Municipal Administration and Urban Development for respondent No. 1, Sri Putta Krishna Reddy, learned Standing counsel appearing for respondent Nos. 2 and 3 and learned Assistant Government Pleader for respondent Nos. 4 and 5. Perused the record. 2. Petitioners are claiming that they are the absolute owners and possessors of houses bearing Nos. 9-3-85/2, 9-3-85 and 9-3-85/ 1 situated at Old 9th Ward, New 17th Ward, Contractor Basti, Bellampalli, Mancherial District. In proof of the same, they have filed several documents including property tax receipts and house site patta certificates issued by respondent No. 3 municipality, I etc. When respondent Nos. 2 to 5 tried to dispossess them from the eLlbresaid property in the year 2021,, they have fiied a writ petition vide W. P. No. i6806 of 2021 and this Court vide order dated 22. 07.
2021 disposed of the said writ petition directing the respondents not to take up any further denrolition and they shall do the sam. e strictly in accordance with the procedure established under 1aw. This Court also made it clear that the petitirtners shall not make any kind of construction without obt. aining due permission from the competent authority. According to the petitiorLers, respondent Nos. 2 to 5 withor-rt following due procedure laid down under law tried to dispossess them from the subject property and tried to demolish the same. Therefore, they have a-lso submitted a representation dated I9. O9. 2O24 to responrlent Nos. 2 to 4. Even then, they are tqring to demolish the subject property without following the due procedure laid down under law. Challenging the said action of respondent Nos. 2 to 4, petitioners fiied the present writ petition. 3. Whereas, Sri Putta Krishna Reddy, learned Standing counsel appearing for respondent Nos.
2 and 3 has produced the written instructions of respondent No'2 by stating that the petitioners have constructed shed land without permission encroaching Government and utilizing the same obtained from competent authority The said fact was admitted doing commercial activities. of the writ affidavit by the petitioners in Paragraph No. 14 I and 3 will take action itself. However, respondent Nos. 2 I procedure laid against. the petitioners by following due down under Telangana Municipalities Act, 2O19' The said written instructions are placed on record. 4. In the light of the aforesaid submission, this writ petition is disposed of directing respondent Nos'2 and 3 not to dispossess the petitioners from the subject property without following the due procedure laid down under Telangana Municipalities Act, 2019' However' if in the the petitioners are doing commercial activities residential property or by encroaching into Government land, Iiberty is granted to respondent Nos.
2 and 3 to take action ;rgainst the petitioners as per the procedure laid down under Telangana Municipalities Act, 2019. ln the circumstances of the case, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in thc Writ Petition shall stald closed. SD/-P. CH. NAGABHUSHAMBA ASSI T REGISTRAR //TRUE COPY// oFFlcER To, \gECTtoN 1. The Bellamoalli Municioality, Rep by its Commissioner, Bellampalli, Mancherial District 2. The Town Plannino Executive, The Bellampalli Municipality, Bellampalli, Mancherial Districtl CC to Sri y. Rama 9 9nu Rao And Associates, Advocate tOpUCl 4. Two CCs to Gp for rrrtunicipat AaminGiratiin u;b;;D;;"i;d;t, Hish Court forthe State cfTetangana, _ at Hydera6iOlOUri--" gne CC to S-i putta ?. Krishna Reildy, SC topuil 6. Two CC to The Gp for Revenu", tiib[ c6urt ioiih" St"t" of Tetangana, at HyderabadlOUTl ' 7. Two CD Copres TJ BS / I I HIGH COURT DATED:26111! -12024 11tr: -s1q r6- I (. \ C 1 ;l ii3 2[25 i ORDER + 1 WP.
No. 36446 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS // /t ;it]t I I I I i I I
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