Telangana High Court
V. Mariyamma vs The State Of Telangana on 9 September, 2025
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.18774 OF 2021
ORDER :
(ORAL)
This writ petition is filed by the petitioner seeking to declare the
action of respondent No.2 Corporation in laying C.C. road over her Plot
No.14/A, admeasuring 188 square yards in Survey No.22, situated at
Meerpet Village, Balapur Mandal, Ranga Reddy District, without
following due process of law, as being illegal, arbitrary and violative of
Articles 14, 21, and 300-A of the Constitution of India.
2. Heard Mr. E.Venkata Siddhartha, learned counsel, representing
Mr. Katika Ravinder Reddy, learned counsel for the petitioner;
Mr. Putta Krishna Reddy, learned Standing Counsel for respondents No.2
and 3; and perused the material on record.
3. The petitioner claims to be the absolute owner and possessor of the
Plot No. 14/A, admeasuring 188 square yards in Survey No.22, situated
at Meerpet Village, Balapur Mandal, Ranga Reddy District, having
purchased the same under registered sale deed bearing document
No.4786 of 1996 dated 31.10.1996 from its original owner Mr. T.Pratap
Reddy, represented through his GPA (General Power of Attorney) holder
Mr. K.Laxma Reddy vide registered GPA document No.632/IV/89 dated
25.11.1989 and since then, the petitioner had been in peaceful possession
and enjoyment of the subject property. That when there was interference
with the possession of the petitioner in respect of the subject property by
one Mr. Srinivas and two (2) others, the petitioner filed a suit in
O.S No.185 of 2017 against them on the file of the learned I Additional
Junior Civil Judge, Ranga Reddy District at L.B.Nagar for perpetual
injunction and the same was decreed in her favour vide judgment and
decree dated 20.10.2017. Thereafter, similar attempt was made by
Ms. A.Veera Nagana, and the petitioner filed another suit in O.S No.544
of 2018 against her on the file of the learned Principal Junior Civil Judge,
Ranga Reddy District at L.B.Nagar for perpetual injunction and the same
was also decreed by judgment and decree dated 27.11.2019.
4. It is submitted that the subject property of the petitioner is clearly
demarcated in the layout issued by the then Gram Panchayat,
Meerpet (now merged with Meerpet Municipal Corporation). In fact,
the petitioner applied for regularization of the subject property under
Layout Regularization Scheme (LRS) and the same is pending
consideration. The subject property of the petitioner is specifically
marked as Plot No.14/A, which is a dead-end plot and there is a lane in
front of the petitioner's subject property; the petitioner is a resident of
Champapet locality. That respondent No.2 Corporation laid new roads in
petitioner's colony and in the process, C.C. road was laid in front of the
subject property of the petitioner thereby covering the entire plot.
On coming to know about the same, the petitioner rushed to the subject
property but by that time, the contractor had laid the entire road.
The petitioner informed about laying of the road to the colony association
and they expressed their inability to remove the C.C. road which was laid
by respondent No.2 Corporation. Subsequently, the petitioner submitted
representation 03.08.2021 to respondent No.2 Corporation to remove the
C.C road by encroaching the subject property, however, the same was not
acted upon.
5. Learned counsel for the petitioner submitted that extension of the
road by encroaching the subject property of the petitioner will not serve
any public purpose. The petitioner purchased the subject property with
her hard-earned money. The subject property is at dead-end of the
colony and C.C. road was laid by wasting public exchequer. Aggrieved
by the action of respondent No.2 Corporation in laying C.C. road by
encroaching the subject property, the petitioner was constrained to
approach this Court.
6. Learned Standing Counsel for respondents No.2 and 3 submitted
that the petitioner purchased the subject property, which is in an
unapproved layout, was located in the then Gram Panchayat, Meerpet.
The petitioner applied for regularization of the subject property under
LRS and the same was kept pending for consideration. While so,
the then Gram Panchayat started laying new roads in the petitioner's
colony and C.C. road was laid in front of the subject property of the
petitioner. That on receipt of the representation of the petitioner, the
respondent authorities inspected the C.C. road and confirmed that the
C.C. road was laid by respondent No.2 Corporation. Thus, respondent
No.2 Corporation is not liable for any action regarding the laying of
C.C. road. Learned Standing Counsel submitted that there are no records
available in the office of the respondent authorities showing the subject
property and there exists only a road in the layout which was laid by the
then Gram Panchayat, Meerpet; the layout is in existence since long time.
7. In the light of above facts and circumstances, taking note that there
is serious dispute regarding the existence of the subject property bearing
Plot No.14/A, admeasuring 188 square yards in Survey No.22, situated at
Meerpet Village, Balapur Mandal, Ranga Reddy District, claiming by the
petitioner, this Court is not inclined to pass any orders on merits.
However, considering the grievance of the petitioner that her
representation dated 03.08.2021 was not acted upon till date, respondent
No.2 is directed to conduct enquiry and consider the representation dated
03.08.2021 for removing the C.C. road laid in front of the subject
property, by giving opportunity of hearing to the petitioner and all other
concerned/interested persons, and pass orders in accordance with law,
within a period of six (6) weeks from the date of receipt of a copy of this
order. In the enquiry, respondent No.2 shall duly consider whether the
subject property of the petitioner was in existence and if the petitioner
has any valid title.
8. With the above observations, this writ petition is disposed of.
There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in
this writ petition stand closed.
_______________________
B. VIJAYSEN REDDY, J
September 9, 2025
RRK
