Smt.T.Jhansi Rani Vs The State of Telangana

¶1

a32s2l

¶2

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

¶3

THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

¶4

PRESENT

¶5

THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

¶6

WRIT PETITION NO: 5140 OF 2025

¶7

Between

¶8

Smt.T.Jhansi Rani, W/o T.tV.K Chaitanya, Aged about 46 years, Resident of Flat no. 3-14-1241C P/301 and 3-14-1241C P/401, Third Floor, Chaitanya Plaza Apartment, Mansurabad, Saroornagar, Ranga Reddy, PIN- 500038.

¶9

...PETITIONER

¶10

AND

¶11

1 The State of Telangana, Rep by its Principal Secreta ry tt/unicipal Administration and Urban Development Department, Secralairat Buildings, Hyderabad, Telangana.

¶12

Telangana State Road Transport Corporation, Rep by its lvlanaging Direcor, RTC Bhavan, Hyderabad.

¶13

The Regional [/anager, TGSRTC, Rangareddy Region, IVGBS, Hyderabad.

¶14

The Deputy Regional Manager (O), TGSRTC, Greater Hyderabad Zone, Picket, Secunderabad.

¶15

The Deputy Regional Manager (O), Hayathnagar Divison, tvlidhani CAC, Rangareddy.

¶16

The Deputy Commissioner, Greater Hyderabad Municipal Corporation, L.B.Nagar Circle, Saroor Nagar, Ranga Reddy District.

¶17

The Additional Commissioner, Advertisement Department, Greater Hyderabad Municipal Corporation, Hyderabad.

¶18

...Rfsporuoerurs

¶19

Petition under Article 226 of the Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ more particularly one in the nature of writ of mandamus declaring the impugned action of the respondents 6 and 7 in not disposing off the representation dated 06-07-2024 ot lhe petitioner as highly arbitrary, illegal and violative Art.14. and 300-4 and consequentially direct the respondents to shift the Bus Shelter Code. P3 - 18, from the frontage of the property of the petitioner, situated in Plot nos.7, B and 9 of Mansurabad, bearing flat no's. 3-14-124lCPl1O1 and 3-14-1241C P1102, First Floor, Chaitanya Plaza Apartment, Mansurabad,

¶20

Saroornagar, Ranga Reddy, PIN- 500038, to any suitable^place on the Mansurabad to Vanasthalrpuram Road

¶21

Petition under Section 151 CPC^praying that in the circumstances^statedin the affidavit filed in support of the^petition, the High Court^may be^{pleased to direct} the respondents 6 and 7 to^positively consider and dispose^off the^{representation} dt. 06-07 -2024 forthwith^preferably within 4 weeks^pending disposal of the above writ petition

¶22

Counsel for the Petitioner: SRI M. KRISHNA REDDY REP.,^{FOR SRl.} THEDLAPU DIPSIKHA

¶23

Counsel for the Respondent No.1: GP FOR MCPL ADMN URBAN^DEV Counsel for the Respondent Nos.2 to 5: SRI R. ANURAG^{SC FOR TGSRTC}

¶24

Counsel for the Respondent Nos.6&7: SRI SRINIVAS RAO PACHWA SC FOR GHMC

¶25

The Court made the following: ORDER

¶26

(1

¶27

HON'BLE MRS. JUSTICE SUREPALLI NANDA

¶28

WRIT PETTTION No.S14O of 2025

¶29

ORDERi

¶30

Heard Sri M. Krishna Reddy, learned counsel representing Sri Thedlapu Dipsikha, liarned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Municipal Administration, appearing on behalf of respondent No.1, Sri R. Anurag, learned Standing Counsel for TGSRTC, appearing on behalf of respondent Nos.2 to 5 and Sri Srinivas Rao Pachwa, learned Standing Counsel for GHMC, appearing on behalf of respondent Nos.6 & 7.

¶31

2. The petitioner approached the Court seeking prayer as under:

¶32

"...to issue a writ more particularly one in the nature of writ of Mandamus declaring the impugned action of the respondents 6 and 7 in not disposing off . the representation dated 06-07-2024 of the petitioner as highly arbitrary, illegal and violative Articles 14 and 300A and consequently direct the respondents to shift the Bus Shelter Code P3 - 18, from the^frontage of the property of the petitioner situated in Plot Nos.7, 8 and 9 of Mansurabad bearing flat^{nos. 3-14-124/CP/101} and

¶33

l-:.r I.a ,,

¶34

2 wP 5140 2025

¶35

l

¶36

3-74-124/C, P/102, First Floor, Chaitanya Plaza Apartment, Mansurabad, Saroornagar, Ranga Reddy, PIN-500038 to any suitable place on the Mansurabad to Vanasthalipuram Road and to pass...".

¶37

The case of the petitioner, in brief, is that the petitioner is the absolute owner of^property admeasuring an extent of 2500 sft bearing flat Nos.3-14-724/C, P/101 & 3-14-724/C, P/L02, First Floor, Chaitanya Plaza Apartment, Mansurabad, Saroornagar. Ranga Reddy. The petitioner entered into development agreement with land owner K. Indira, tn respect of total extent of 1577 sq. mtrs or 1815 sq. yards in Sy.No.28, Plot Nos.7,8 and 9 of lvlansurabad, Ranga Reddy District with 60% developer and 40o/o owner shares. The petitioner made an application to the Commissioner, GHMC for sanction of building plan. The petitioner had constructed apartment and the municipal authority issued occupancy certificate on 07.O9.2012. The petitioner further submitted that the Bus shelter Code No.P3-18 was constructed on the southern side of the property of the petitioner. Initially the Bus Shelter Code P3-18 was proposed at a different place nearby the property, and cement foundation was laid for bus shelter. However, the same was shifted to frontage of property oF the petitioner without

¶38

-) wP 5140 2025

¶39

r)

¶40

knowledge and consent of the petitioner, which caused huge loss to the petitioner. Aggrieved by the same, the^petitioner made a representation dated 12.02.2024 to the respondent Nos.2 to 5 and in^pursuance to the same the 5th respondent issued proceedings dated 25.06.2024 to shift the bus shelter as requested by the petitioner. However, no action was taken by respondent Nos.6 and 7. Aggrieved by the same, on 06.07.2024 the petitioner submitted another representation to the^7th respondent requesting to shift the bus shelter Code No.P3-18 to any suitable adjacent^place. However, the same^has not^been considered. Aggrieved by the same, the^petitioner approached the Court by filing the^present writ^petition.

¶41

It is specifically contended by the learned^counsel appearing on behalf of the^petitioner that vide letter dated 25.06.2024 oF the Deputy Regional Manager^{(O),Hayathnagar} Division of TGSRTC, Greater Hyderabad Zone,^Picket, Secunderabad, the subject issue had been considered^{and upon} inspection of the subject spot in^person by the Deputy^Regional Manager (O), Hayathnagar Division, it was opined that it was feasible to shift bus shelter to the adjacent^place and accordingly a letter dated 25.06.2024^{had been addressed requestingthe} GHMC authorities to shift bus^{shelter to} an^{adjacent place} and

\ I

4

wP 5140 2025

therefore, the grievance of the petitioner as put forth in the present writ petition needs to be considered and appropriate orders has to be passed on petitioner,s representation dated 06.07.2024.

¶46

Learned counsel appearing on behalf of respondent Nos.6 and 7 submits that the representation of the petitioner dated 06.07.2024 had been acknowledged by the office of the 7th respondent herein and hence the 7th respondent may be directed to consider the request of the petitioner as put forth in the said representation dated 06.07.2024 seeking shifting Mansurabad Bus shelter Code No.P3-1E situated in Frontage of petitioner,s property Flat Nos 3-14 apartment Mansoorabad, Saroornagar, Ranga Reddy to any suitable place on the Mansurabad to Vanasthalipuram road in accordance to law within a reasonable period.

¶47

Sri R. Anurag, learned Standing Counsel for TGSRTC, appearing on behalf of respondent Nos.2 to 5 referring to the letter dated 25.06.2024 addressed by the Deputy Regional Manager (O), Hayathnagar Division, Midhani CAC addressed to the Deputy Regional manager (O), TGSRTC, Greater Hyderabad Zone, Picket, Sec ndera ad submits that GHMC Author ties

5

wP 5140 2025

I I

I I

had been already reouested to initiate aoD^{oDriate action} hift⁺ h ti e h +6r +a rzli ace rri nd +Jr a decision is awaited.

¶53

7, Taking into consideration

¶54

(a) The submissions made by Sri Thedlapu Dipsikha, learned counsel appearing on behalf of the petitioner, Sri R. Anurag, learned Standing Counse! for TGSRTC, appearing on behalf of respondent^Nos.2 to 5 and Sri Srinivas Rao Pachwa, learned Standing Counsel for GHMC, appearing on behalf of respondent^{Nos.6 & 7,}

¶55

(b) The contents of the petitioner's representation dated O6.07.2O24 addressed to the respondent^{Nos.6 and} 7,

¶56

(c) The contents of the Letter No. PAl535(5)/ 2O24-Dy.RM(O)-HYT-DVN, Date 25.06.2024,

¶57

The writ petition is disposed of directing the respondent Nos.6 and. 7 to consider the petitioner's representation dated 06.07.2024 to shift the bus shelter Code No. P3 -18 situated in frontage of^petitioner's property situated in Plot Nos.7, 8 & 9 of Mansurabad, bearing Flat Nos. 3-L4-L24lCPll0r.l, & 3-L4-L24lCl

¶58

6

¶59

I i ! I I I I I i I I

¶60

wP 5140 2025

¶61

P/LO2, First Floor, Chaitanya Plaza^Apartment, Mansurabad, Saroornagar,^{Ranga Reddy to any suitable} place on the Mansurabad to^{VanasthalipuramRoad duly} taking into consideration^{the letter dated 25'06'2024 ot} the Dy. Regional^{Manager (O), HayathnagarDivision,} Midhani CAC addressed^{to the Dy. Regional Manager (O),} TGSRTC, Greater^{Hyderabad Zone, Picket, Secunderabad} and^pass appropriate^{orders on the representationof the} petitioner dated 06.07.2024^{of thepetitioner in} accordance to^{law, within one (1) week from the date of} receipt of a copy of the^{orderand duly communicate the} decision to the^{petitioneron the said representation dated} 06.07.2024 addressed^{to the respondentNos'6 and 7'} However, there shall^{be no order as to costs'}