M. Ganga Reddy vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITION NO: 3096 0F 2022 1 Between: 1 It/.

Ganoa Reddv.

S/o.

Pedda Ganqaram, Age 44Years, Occ Agriculture, Rl/o ' H. f.to. d-sO, Fat'hepurVillage, Armoor Mandal,Nizamabad District' O. rrrrjnonii, S/o. bangarirn, Age 49 Years, Occlfg.riculture, Rl/o H' No 1- OO, Argut Viliage, Jakra-npally Mandal, Nizamabad District. ...pETtTlONERS The State of Telangana, represented by its Principal Secretary to the It4unicioal Administiation, Secretariat Buildings, Hyderabad' ine A,inooit,1unicipatity, represented by its eommissioner, Armoor Proper and Mandai, Nizamabad District o. f.f ioannusf,anam, Slo.

Gangaram, Age 58 Years, Occ Agticulture, Vo H' N".

T-"g979, F;ikii Viitage, Arm6or Munidipal Limits, Armoor Proper and Mandal, Nizamabad District.

D.

Bh;;r.;;, Slo.

Gangaram, Age 55 Years, occAg-riculture, Fi/o- H' No' 1- ssl9, Pei[it V,itige, arm"oor Muni6ipal Limits, ArmoorProper and Mandal, Nizamabad District. fj.

N"o, nui"tnwir, Slo.

Gangaram, Age 50 Years.

Occ Agnculture, R/o H' r.r". i-"gbls, F"r(it village, Arm"oor I\,4unicipal Limits, Armoor Proper and tt/andal, Nizamabad District ...RES'ONDENTS 2 AND 1.

2.

3.

4 5 Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an order or direction more particularly on in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondent No.

2, in not taking any action against the illegal acts of the respondents No.

3 to 5' causingdamagetothe33'Feetand40'FeetroadsinthelayoutsL.P.No.

7612011lHROlH1, and L.

P.

No.

78l2O11IHRO, in Sy No's 439,441lU' 441lUU' 441lEE and 441lEE, and sy.

No's. sy.

No's.43711 ,438,439 and 4421A, situated at Perkit Village, within the limits of Armoor Municipality, Nizamabad District, and not taking any steps for protecting the said roads considering the representation submitted by the petitioners dated.

2011212021, is nothing but arbitrary, illegal null and void and violative of principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of lndia and atso violative of the provisions of the Telangana i ') Municipalities Act, 2019.

Consequently direct the respondent No 2' to take necessary steps for protecting the 33' Feet and 40' Feet roads in the layouts L P No.

76/201l/HRO/H1, and L' P No' 78/2011/HRO' in Sy No's 439' 4411U' 441lUU, 441lEE and 441tEE, and Sy' No's 43711 ' 438' 439 and 4421A' situated at PerkitVillage,withinthelimitsofArmoorMunicipality'NizamabadDistrict' consideringtherepresentationsubmittedbythepetitionersdated.20ll2l202l.

IA NO: 10F 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 preased to direct the respondent No.

2, to take necessary steps for protecting the 33' Feet and 40' Feet roads in the layouts L.P' No' 76t2O11lHROlH1' and L' P No 7Bl20111HRO' in Sy.

No's.

43g,441tU,441]UU' 441lEE and 441lEE' and Sv No's 43711' 438' 439and442lA'situatedatPerkitVillage,withinthelimitsofArmoorMunicipality' NizamabadDistrict'consideringtherepresentationsubmittedbythepetitioners daled.20-12-2021 .

Counsel for the Petitioners: SRI' K' VENUMADHAV Counsel for the ResPondent No'1: GP FOR MUNICIPAI AiJTVIIT'TISTNATION AND URBAN DEVELOPMENT Counsel for the Respondent No'2: SRI N' PRAVEEN KUMAR' SC FOR MUNICIPALITIES Counsel for the Respondent Nos'3 to 5: NONE APPEARED The Court made the following: ORDER THE HON'BLE SMT.

JUSTICE LAIITHA ISNNEGANTI WRrT PETITION No.

13096 of2022 ORDER: This Writ petition is hled seeking a mand. ng a mand.amus to declare the inaction of the 2"d respondent against the illegal acts of Respondents 3 to S causing damage to 33, and 40,roads in the layouts L.p.No.

Z6/2OIt/HROlHl and L.p.No.

ZB/2Ott/HRO in Survey Nos.

439, 441/U, 441/UU, 441/EE and 441lEE and Survey Nos.

437/1,438,439 and 442/A sitlatedat perkit Viltage within the limits of Armoor Municipality, Nizamabad District and not taking any steps for protecting the said roads considering the representation submitted by the petitioners dated 20.12.2021 as no-thing but arbitrary and illegal.

2. j It is stated that odginally, the subject land was owned unJ po""""""d by Respondents 3 to 5, however, for financial needs, they sold the same and the persons who purchased the said property had formed a layout making the entire land into 102 house site plots by forming 33,and 40,feet wide roads.

It is stated that Petitioner No.1 is the purchaser of plot No.

29 to an extent of 320.75 square yards through a registered sale deed which was subsequently, ratified through a supplemental-cum-rectil.ication deed dated 3O.t2.2OOg and petitioner No.2 is the owner and possessor of plot Nos.

35 and 36 in an extent of 27O and 24O square yards through registered sale deeds, dated, 30.72.2020. h is also stated that Respondents 3 to 5, who are owners of the land to the Northern side of the layout, with an intention to grab the road, started damaging 33' and 40, feet road, .

I r-aE--'- 2 2, Learned counsel for the peti'ioners Sri K.

Venumadhav submits that thc petitioners have submitted a representatioll to the official respondents on 2Q.12.2Q21, but they have not taken any action against Respondents 3 to 5.

3 Sri N.

Praveen Kumar, learned Standing Counsel for the respondent - Municipality, on instructions, submits that the respondent ofhcials have found debris on the road and they have removed the same and the road is clear now.

4.

Recording the said submission of the learned Standing Counsel, the Writ Petition is closed. is closed.

There shall be no order as to costs.

5.

The miscellaneous Applications, if any shall stand closed. //TRUE COPY// II SD/IK.SAILESHI ASSISTANT REGISTRAR SECTION OFFICER To, .7 4. tr CHR MMA \ V 1.

One CC to Sri K.

Venumadhav, Advocate [OPUC] 2,TwoCCstoGPforMunicipalAdministrationandUrbanDevelopment,High Court for the State of Telangana at Hyderabad [OUT] One CC to Sri N.

Praveen Kumar' SC for Municipalities [OPUC] Two CD Copies One Spare CoPY 4 HIGH COURT DATED:2310312022 ORDER W.P.No.13096 ot 2022 CLOSING THE WRIT PETITION WITHOUT COSTS f- F 2 S HAn 202 i TAr€: S e tl 1 o ) o .). ,{r *