Telangana High Court
Utkur Sumathamma vs The State Of Telangana on 5 October, 2023
Bench: Abhinand Kumar Shavili, Namavarapu Rajeshwar Rao
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
WRIT APPEAL Nos.966 AND 968 OF 2023
COMMON JUDGMENT: (Per AKS,J)
Since the issue involved in both these Writ Appeals is one
and the same, both these Writ Appeals are being disposed of by
way of this common judgment.
2. W.A.No.966 of 2023 is filed aggrieved by the order, dated
31.08.2023, passed in W.P.No.14915 of 2023 by a learned Single
Judge of this Court.
3. W.A.No.968 of 2023 is filed aggrieved by the order, dated
31.08.2023, passed in W.P.No.14896 of 2023 by a learned Single
Judge of this Court.
4. Heard Sri P. Shashidhar Reddy, learned counsel for the
appellants, learned Assistant Government Pleader for Municipal
Administration and Urban Development appearing for respondent
No.1 in both the appeals, Sri B. Jagan Madhav Rao, learned
Standing Counsel for Municipalities, appearing for respondent No.2
in W.A.No.966 of 2023, Sri M. Ram Mohan Reddy, learned
Standing Counsel for Municipalities, appearing for respondent No.2
in W.A.No.968 of 2023 and the learned Assistant Government
2 AKS,J & RRN,J
W.A.Nos.966 & 968 of 2023
Pleader for Revenue appearing for respondent No.3 in W.A.No.968
of 2023.
5. For the sake of convenience, the facts in W.A.No.966 of 2023
are hereunder discussed.
6. It is the case of the appellant that she is the owner of house
bearing No.4-367, admeasuring 190 Square Yards, in Survey
No.608 situated near Venkateshwara Theatre, Pothai Gadda,
Mothkur Municipality, Yadadri-Bhongir District. She acquired the
said property by way of registered Settlement Deed, dated
12.07.2019. The grievance of the appellant is that the respondent-
Municipality encroached part of the said land and laid the road. In
those set of circumstances, the appellant has submitted detailed
representations to the respondent No.2 on 27.03.2023 and
21.04.2023, requesting to remove the road laid on the said land
by encroaching it. As no orders were passed on the said
representations, the appellant approached this Court by filing the
subject W.P.No.14915 of 2023 and a learned Single Judge of this
Court, vide impugned order, dated 31.08.2023, was pleased to
dismiss the said Writ Petition, without appreciating any of the
contentions raised by the appellant.
7. Learned counsel for the appellants contended that the
appellants in both the Writ Appeals submitted representations to
3 AKS,J & RRN,J
W.A.Nos.966 & 968 of 2023
the respondent No.2-Municipalities and therefore, the learned
Single Judge ought to have disposed of the subject Writ Petitions
by directing the respondents to consider the representations of the
appellants and pass appropriate orders. Without verifying whether
the respondent-Municipalities encroached the lands of the
appellants or not, the learned Single Judge has mechanically
dismissed the subject Writ Petitions. Therefore, learned counsel
for the appellants had contended that appropriate orders be
passed in both the Writ Appeals by setting aside the impugned
orders, dated 31.08.2023, and further, direct the respondent-
Municipalities to consider the representations, dated 27.03.2023
and 21.04.2023, submitted by the appellant in W.A.No.966 of
2023 and the representations, dated 23.11.2022, 16.12.2022 and
02.01.2023 submitted by the appellant in W.A.No.968 of 2023 and
pass appropriate orders, in accordance with law.
8. Learned Assistant Government Pleaders and the learned
Standing Counsel for Municipalities appearing for the respondents
in both the appeals submitted that since the representations
submitted by the appellants are pending with the respondent-
Municipalities, the respondent-Municipalities would consider the
same and pass appropriate orders, in accordance with law.
4 AKS,J & RRN,J
W.A.Nos.966 & 968 of 2023
9. This Court, having considered the submissions made by the
learned counsel for the parties, is of the view that both the Writ
Appeals can be disposed of by directing the respondent-
Municipalities to consider the aforesaid representations submitted
by the appellants in both the Writ Appeals and pass appropriate
orders, in accordance with law.
10. Accordingly, both the Writ Appeals are allowed and the
orders, dated 31.08.2023, passed in W.P.Nos.14915 and 14896 of
2023, by the learned Single Judge of this Court are set aside. The
respondent-Municipalities are directed to consider the aforesaid
representations submitted by the appellants in both the writ
appeals and pass appropriate orders, in accordance with law.
There shall be no order as to costs.
Miscellaneous Applications, if any, pending in these Writ
Appeals, shall stand closed.
_________________________
ABHINAND KUMAR SHAVILI, J
____________________________
NAMAVARAPU RAJESHWAR RAO, J
Date: 05.10.2023.
MD
