appearing for respondent No.3. With their consent, the writ petition is being
2. This writ petition has being filed seeking the following prayer:-
"to declare the inaction of the Respondents in considering the
representation of the Petitioner dated 30.03.2026 seeking protection of
the open spaces in the approved layout of Sy.Nos.182 and 205 under
DTCP Layout permit No.44/2004 Shankarpally Gram Panchayat, now
Shankarpally Municipality, from land grabbers who are interfering and
trying to sell the open spaces as arbitrary, illegal, capricious and
highhanded, violative of Articles 14 and 21 of the Constitution of India
apart from being in violation of the provisions of the GHMC Act and
DTCP Rules apart from being in violation of the principles of natural
justice and fair play and consequently to direct the Respondent
authorities to protect the open spaces in the approved layout in
Sy.Nos.182 and 205 under DTCP Layout permit No.44/2004
Shankarpally Gram Panchayat, now Shankarpally Municipality, from
land grabbers and any persons whomsoever attempting to encroach
upon or alienate the same including by taking steps for safeguarding the
earmarked open spaces and removal of obstructions."
3. Brief facts as stated in this writ petition are that the petitioners are the
residents of Shanti Nagar colony, in Sy.Nos.182 and 205, situated at
Shankarpally village, Shankarpally Gram Panchayat and Mandal, Ranga
Reddy District. It is submitted that one K.Subhan Reddy and G.Mallesham,
were the absolute owners and possessors of land admeasuring to an extent of
Ac.4.30 guntas, in Sy.Nos.182 and 205, situated at Shankarpally village,
Shankarpally Gram Panchayat and Mandal, Ranga Reddy District. The said
two persons vide gift deed bearing document No.6592 of 2018 dated
05.07.2018, gifted their property to the Grampanchayat, Shankarpally Village.
It is further submitted that vide DTCP layout Permit bearing No.44 of 2004
dated 29.04.2004, two open spaces admeasuring 2081.20 Sq.yards each,
situated at distinct location in Sy.Nos.182 and 205, were reserved for parks, in
turn to provide for much needed lung spaces amidst various residential
constructions. A copy of DTCP layout is enclosed in the writ affidavit.
4. The case of the petitioners is that in the year 2018, one Kurma Yadava
Sangam, Shankarpally Mandal, represented by its president Bachagolla
Srisailam, encroached the open space earmarked for parks and started
unauthorized construction on the said open space. Hence, the petitioners on
26.11.2018, 07.01.2020 and 30.03.2026 made representations and requested the
respondent authorities to protect the aforesaid open spaces earmarked for
parks. However, the same are still pending for consideration Aggrieved by
pending consideration, the present writ petition is filed.
5. Learned senior counsel appearing for the petitioners would submit
that for providing lung spaces, two open spaces were earmarked for parks
and the same ought to have been kept open and no construction should be
permitted on such places. However, inspite of the DTCP layout Permit
bearing No.44 of 2004 dated 29.04.2004, some persons are encroaching the
open places earmarked for parks and are making illegal construction on the
said places and the same would have drastic effect on the other plot owners.
Learned senior counsel would further pray this Court to direct the
respondent authorities to consider petitioners' representation dated
26.11.2018, 07.01.2020 and 30.03.2026 and take action in a time bound period.
6. Per contra, learned standing counsel for Municipality appearing for
respondent No.3 submits that no such representations are served on the
respondent No.3 and would submit that if such representation is made, the
respondent No.3 would consider the same and take appropriate action.
7. Learned senior counsel for the petitioners would submit that the
petitioners' representation dated 30.03.2026 was also marked to the
respondent No.3, however, would pray this Court to grant liberty to
petitioners to submit a fresh representation to respondent No.3 and further
pray this Court to direct the respondent No.3 to consider the same and pass
orders in a time bound period.
8. It is pertinent to note that the representation dated 30.03.2026 is
enclosed as material paper in the writ affidavit and a copy of the writ
affidavit is also served on the respondent No.3 and simply saying that the
representation is not served, the respondent No.3 should not avoid acting on
such representation.
9. Having considered the above facts and circumstance, without
expressing any opinion on the merits of the case and since the petitioners'
representation dated 30.03.2026 is still pending for consideration, this Court
deems it appropriate to dispose of the writ petition directing the respondent
authorities to consider the petitioners' representation dated 30.03.2026 and
take appropriate action strictly in accordance with law. It is made clear that
liberty is also granted to the petitioners' to submit a fresh representation to
respondent No.3. On such representation, the respondent No.3 is directed to
consider the same and if the allegation made by the petitioners' are found to
be true, the respondent No.3 shall take appropriate action strictly in
accordance with law, as expeditiously as possible, preferably, within a period
of four (04) weeks from the date of receipt of copy of petitioners' fresh
representation and communicate the same to the petitioners.
10. With the above directions, this writ petition is disposed of.
Miscellaneous applications, if any pending, shall stand closed. No order as to
costs.
_________________________
N. V. SHRAVAN KUMAR, J
Dated: 16.04.2026
Su
