Rekam Sadgunamma Vs The State of Telangana

Rekam Sadgunamma, Wo. Late Rekam Narasimha Aged about 75 Years, Occ. Housewife, Rl/o. H No. 16-124 Mirjalaguda Malkajgiri, Hanumanpet, Matkajgiri Medchal-Malkajgiri District

¶10

...pETtfloNER

¶11

AND

¶12

The State of Telangana, Rep. by its Principal Secretary, Iv'lunicipal Administration and Urban Development Department, Secretariat Buildings, Hyderabad.

¶13

The Hyderabad Disaster Response and Asset Protection Agency, Office at 7th Floor, Bhudha Bhavan Ranijung side of Tank bund Rep by its Commissioner.

¶14

The Greater Hyderabad lttlunicipal Corporation, Rep by Commissioner Lower Tank Bund Hyderabad.

¶15

The Greater Hyderabad Municipal Corporation, Rep by Deputy Commissioner Circle -XXVIll Malkajgiri Circle, Hyderabad.

¶16

The Greater Hyderabad Municipal Corporation, Rep by Deputy City Planner Town Planning Section, Circle 28, Malkajgiri Circle, Hyderabad.

¶17

...RESPONDENTS

¶18

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2nd respondent in demolishing/mark for demolition the petitioner house bearing No. 1 1-82i5, in plot No. 5 to an extent of 1Bl square yards, in Sy No. 706 and 707 situated at New Mirjalguda, Malkajgiri Village and Gram Panchayat, Medchal Malkajgiri District is illegal, arbitrary, violation of principles of natural^justice, fundamental rights guaranteed under the Constitution of lndia, contrary to the evidence on record

¶19

.|wt*?":-:l

¶20

and as well as the provisions of The Hyderabad Disaster Response and Asset Protection Agency Act and consequently direct the 2nd respondent not to .l - demolish / mark for demolish. and interfere the petitioner house bearing No. 1 8215, in plot No. 5 to an extent of 1Bl square yards, in Sy No. 706 and 707, situated at New IVlirjalguda, Malkajgiri Village and Gram Panchayat, Medchal Malkajgirl District.

¶21

lA NO: 1 OF 2025

¶22

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent not to demolish/interfere petitioner house bearing No. 11-8215, in plot No. 5 to an extent of 181 square yards, in Sy No. 706 and 7Ol , situated at New Mirjalguda, Malkajgiii Village and Gram panchayat, Medchat Malkajgiri District forthwith pending disposal of the main writ petition.

¶23

Counsel for the Petitioner : SRI AMBEDKAR DUNNA

¶24

Gounsel for the Respondent No.1 : Gp FOR MUNICIPAL ADMINISTRAT|ON AND URBAN DEVELOPMENT

¶25

Counsel for the Respondent No.2: SRI KATTKA RAVTNDER REDDY, S.C. FOR HYDRAA

¶26

Counsel for the Respondent Nos.3 to 5: SRt G. MADHUSUDHAN REDDY, The Court made the following: oRDER^{s'c' FoR GHMC}

¶27

:;, "

¶28

HON'BLE SRI JUSTICE K. LAKSHMAN

¶29

WRIT PETITION No.2926 OF 2025

¶30

ORAL ORDER:

¶31

Heard Mr. Ambedkar Dunna, learned counsel for the petitioner, Mr. Katika Ravinder Reddy, Ieamed Standing Counsel for HyDRAA appearing on behalf of respondent No.2 and Mr. G. Madhusudhan Reddy, leamed Standing Counsel for GHMC appearing on behalf of respondent Nos.3 to 5

¶32

T\e petitioner herein is claiming that her husband purchased Plot bearing No.5, admeasuring 181 square yards together with a hut bearing No.ll-82l5 in a dilapidatd condition in Survey No.706 and 707, situated at New Mirjalguda under GHMC limits, Malkajgiri Circle and Mandal, Medchal - Malkajgiri District, under a registered sale deed bearing document No.370l of 1976, dated. 06.12.1976 After purchase, her husband 0onstructed a house by obtaining permission from the concerncd authority. After denise of her husband, the petitioner succeeded the said properfy. She is in possession ofthe subject property. She has been paying property tax to the respondent Corporation. In proof of the same, she has filed copies of sale deed, electricity consumption bill and property tax

¶33

2

¶34

KL,J W.P. No.2926 of2025

¶35

receipt etc. Even then, respondent No.2 is trying to dispossess the petitioner fiom the subject property without following the procedure laid down under law. Challenging the said action of respondent No.2, the petitioner filed the present rvrit petition.

¶36

Whereas, Mr. Katika Ravinder Reddy, leamed Standing Counsel for FfYDRAA, on instructions would submit that M/s. Mirjalguda Welfare Association with registration No.1620 of 2014 has filed a Public Interests Litigation (PIL) vide WP (PL) No.60 of 2021 seeking a direction to respondent Nos.3 to 5 herein and others to remove the encroachments in the said area and also protect the public roads. A Division Bench of this Court directed respondent Nos.3 to 5 to protect the roads and remove all the encroachments. Therefore, respondent No.2 is measuring thc encroachments made on the public roads etc., in compliance with the said order. Thereafter, respondent No.2 will take action, if any, against the petitioner strictly in accordance with the procedure laid down under law.

¶37

In the light of the aforesaid submissions, this writ petition is disposed of directing respondent Nos.2 to 5 not to dispossess the petitioner from the subject property without following due procedure

¶38

J

¶39

KI"J W P. No.2926 of2025

¶40

laid down under law. In the circumstances of the case, there shalt be

¶41

no order as to costs.

¶42

As a sequel thereto, miscellaneous petitions, if any, pending in

¶43

this writ petition shall stand closed.

¶44

Sd/. P. CH. NAGABHUSHAMBA ASSI TANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Principal^Secretary, Municipal 4dministration and Urban Development -^{Pepartment, Secretariat Buildings, T.S., Hyderabad.} 2. The commissioner, HyderabaE Disastei Response and Asset protection I _^{Agency, Office at 7'n Floor, Bhudha Bhavan Ranijung-side of Tank} bund. 3. The Com.missioner, Greater Hyderabad Municiiraltorporation, Lower Tank Bund Hyderabad.

¶49

\

¶50