THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
W.P.No.43896 of 2022
ORDER
This Writ Petition is with the following prayer;
"to issue a Writ, Order or direction, more particularly, one in the nature of Writ of Mandamus, declaring that the action of respondent No.2, in not acted upon the judgment in O.S.No.435 of 2009 on the file of learned Additional Junior Civil Judge, at Rajendranagar dated 22-12-2016 including the representation dated 15-11-2022 to the effect, as illegal, improper, arbitrary, unjust, violative of Articles 14, 21 and 300-A of the Constitution of India and consequentially, direct respondent No.2 not to dispossess the petitioners from the petitioners open plot i.e., consisting of one room and bathroom with ACC sheets in Sy.No.74/A, admeasuring 325 sq.yds. or 271.7 sq.mtrs., situated at Sri Shiridi Sai Baba Colony, Bandlaguda Jagir Village and Bandlaguda Jagir Municipal Corporation, Gandipet Mandal (Previously Rajendrangar Mandal), Ranga Reddy District, and to suspend the impugned notice by respondent No.2 vide Letter No.G1/3133/2022 dated 16-11-2022."
2. Learned counsel for the petitioners Mr. M. Rameshwar Rao submits that the petitioners are absolute owners and possessors of property consisting of one room and bathroom with ACC sheets in Sy.No.74/A, admeasuring 325 sq. yards or 271.7 sq. mtrs situated at Sri Shiridi Sai Baba Colony, Bandlaguda Jagir village and Bandlaguda Jagir Municipal Corporation, Gandipet Mandal, Ranga Reddy District. He submits that the husband of petitioner No.1 and the father of petitioner Nos.2 and 3 is the pattadar and possessor of the agricultural land in Sy.No.74 admeasuring Ac.19-38 gts situated at Bandlaguda Jagir Village and thereafter, a layout permission was obtained from the Gram Panchayat, Bandlaguda, and converted the same into residential 2 LK, J W.P.No.43896 of 2022 house plots to an extent of Ac.5-01 gts out of Ac.19-38 gts and most of the plots were sold including the plots of members of the Sri Shiridi Sai Baba Colony and some of the plots were retained. He submits that when respondent Nos.4 to 7 belongs to respondent No.3 association were trying to interfere with the peaceful possession, the petitioners have filed O.S.No.435 of 2009 on the file of the Additional Junior Civil Judge, Rajendranagar, for injunction and the same was allowed vide judgment and decree dated 22-12-2016 and they have been in possession and enjoyment of the property. He submits that when respondent No.2 Municipality, without any notice, is trying to dismantle the room of petitioners and interfere with their possession, the petitioners have made a representation dated 15-11-2022 to respondent No.2 and the same was rejected vide proceedings dated 16-11-2022 and thereafter, they have approached the civil Court and filed O.S.No.698 of 2022 on the file of Additional Junior Civil Judge, Rajendranagar, for declaration of title and injunction. He submits that in the light of the judgment of the Court below in O.S.No.435 of 2009, the respondent Municipality cannot interfere with the petitioners' possession.
3. Learned Standing Counsel for respondent No.2 Mr. Abhay Kumar Sagar submits that the subject property is earmarked as park area and the petitioners have encroached upon the same. He submits that the petitioners having instituted the suit against the respondent 3 LK, J W.P.No.43896 of 2022 Municipality seeking declaration of title, they cannot come up before this Court by filing the present writ petition.
4. The case of the petitioners is that they are absolute owners and possessors of the subject property and the case of the respondent Municipality is that it is earmarked as park area and the petitioners having aggrieved by the action of the respondent Municipality have already filed O.S.No.698 of 2022 on the file of the Additional Junior Civil Judge, Rajendranagar, seeking declaration of title. The petitioners having instituted the suit cannot file this writ petition against the respondent Municipality. Hence, the Writ Petition is disposed of giving liberty to avail the remedy before the Court below. No order as to costs.
5. Miscellaneous petitions, if any pending in this writ petition, shall stand closed.
____________________________ SMT LALITHA KANNEGANTI, J 6th December, 2022.
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