Telangana High Court
B. Naga Raju vs The State Of Telangana on 11 July, 2022
Bench: Lalitha Kanneganti
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO.28379 OF 2022
ORDER:
This Writ Petition, under Article 226 of the Constitution of
India, is filed seeking to declare the action of respondent No.2 in
not considering the representation, dated 18.06.2022 of the
petitioner, as arbitrary, illegal and consequently direct respondent
No.2 to forthwith stop the illegal construction being made by
respondent No.3 in Plot No.14, situated in Sri Sai Enclave,
Boduppal Municipality, Medchal-Malakjgiri District.
2. Heard Sri P.Shiva Reddy, learned counsel for the
petitioner; learned Government Pleader for Municipal
Administration and Urban Development, for respondent No.1;
Sri N.Praveen Kumar, learned Standing Counsel for respondent
No.2
3. Learned counsel for the petitioner submits that the
petitioner gave a representation, dated 18.06.2022, wherein it is
clearly mentioned that the unofficial respondent is making illegal
constructions in the subject land. He submits that the petitioner
has purchased an extent of land admeasuring 97 square yards in
plot No.14 and obtained building permission for construction of
house in the said land. He submits that while the petitioner was
proceeding with the construction, the unofficial respondent has
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interfered with his peaceful possession and enjoyment of the over
the said property. Therefore, the petitioner has filed a suit in O.S
No.452 of 2019 on the file of I Additional Civil Judge, Ranga Reddy
District at L.B.Nagar. By judgment and decree, dated 09.12.2019,
the learned Judge was pleased to grant injunction by restraining
respondent No.3 from interfering with his peaceful possession and
enjoyment of the petitioner and the said judgment has become
final. In spite of the same, the unofficial respondent is making
illegal and unauthorized constructions and the respondent
Corporation failed to take any action against her.
4. Learned Standing Counsel submits that the
representation of the petitioner is not clear what his grievance and
what is the action that has to be initiated by the respondent
authorities. However, he submits that the unofficial respondent
was allotted land admeasuring 200 square yards in Survey No.30,
as his land was acquired for the purpose of road widening. He
submits that the land admeasuring 200 square yards in Survey
No.30 is an open land and the unofficial respondent started
making constructions in the said land. He further submits that
the respondent authorities will look into the representation of the
petitioner and if no building permission is granted to the unofficial
respondent, the respondent authorities will take appropriate
action, in accordance with law.
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5. Recording the same, the Writ Petition is disposed of
directing the respondents to take appropriate action against the
unofficial respondent if the constructions made in the subject land
are without any permission, within a period of six (6) weeks from
the date of receipt of a copy of this order, by duly putting the
unofficial respondent on notice.
Miscellaneous applications, if any, pending shall stand
closed. There shall be no order as to costs.
______________________________
LALITHA KANNEGANTI, J
11th July, 2022
YVL
