Telangana High Court
Akkala Rajeshwara Rao vs The State Of Telangana on 10 February, 2023
THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
Writ Petition No.1351 of 2023
and
Writ Petition No.9726 of 2022
COMMON ORDER:
With the consent of both parties, both these Writ Petitions are being disposed of by way of this Common Order, since the issue raised in both the writ petitions is one and the same.
2. Writ Petition No.1351 of 2023 is filed by the petitioner under Article 226 of the Constitution of India seeking a Writ of Mandamus to declare the action of respondent Nos.2 and 3 in not considering the representations dated 18.07.2022 and 04.08.2022 of the petitioner, contrary to Memo No.7773/Plg.III/2022, dated 08.12.2022, issued by the 1st respondent, in not implementing the order dated 10.06.2022 passed in C.C.No.19 of 2022, as illegal, arbitrary, mala fide and in violation of Article 300-A of the Constitution of India, besides in violation of provisions of the Telangana Municipalities Act, 2019 (for short, 'the Act'); and ::2:: CVBR,J wp_1351_2023&9726_2022 consequently, to direct the official respondents to demolish the structures on the petitioner's land situated in Survey No.1869 of Dammakkapet Village, Huzurabad Mandal, Karimnagar District; and Writ Petition No.9726 of 2022 is filed by the petitioners seeking a Writ of Certiorari by calling for the records relating to Pro.G1/433471/2020-21, speaking order dated 17.03.2021, passed by the 2nd respondent, and to set aside the same as illegal, contrary to law, unjust, and also against principles of natural justice and in violation of Fundamental Rights guaranteed under Articles 14, 19 and 300-A of the Constitution of India.
3. Heard Ms.D. Padmavathi, learned counsel for the petitioner in Writ Petition No.1351 of 2023; Mr.Mahesh Raje, learned counsel for the petitioners in Writ Petition No.9726 of 2022; Mr. M. Ram Mohan Reddy, learned Standing Counsel for the Huzurabad Municipality, for the 2nd respondent, in both the Writ Petitions; and Mr. Jitender Reddy, learned counsel for the unofficial respondent Nos.4 to 9 (except 7th respondent) in Writ Petition No.1351 of 2023.
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4. For convenience, the facts in Writ Petition No.1351 of 2023 are discussed herein.
5. It is the contention of the learned counsel for the petitioner that petitioner is owner of land of extent Acs.2.20 guntas, situated in Survey No.1869 of Dammakkapet Village, Huzurabad Mandal, Karimnagar District, and the same was given to him vide succession proceedings dated 06.02.2006; that the unofficial respondent Nos.4 to 9, without any right, title or interest over the subject property, are making constructions in the subject property; in those circumstances, the petitioner submitted a representation to the 2nd respondent-Municipality requesting to take action and remove the unauthorized constructions in the subject property; alleging that the 2nd respondent-Municipality has not take action so far, the petitioner has approached this Court by filing Writ Petition No.1351 of 2023.
6. On 18.03.2023, this Court ordered notice to unofficial respondent Nos.4 to 9 in Writ Petition No.1351 of 2023.
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7. Mr. M. Ram Mohan Reddy, learned Standing Counsel for the 2nd respondent-Municipality, submitted that in pursuance of the Memo No.7773/Plg.III/2022, dated 08.12.2022, they have initiated action and demolished the constructions in the subject property, and there are no existing constructions as on to-day in the subject property.
8. On the other hand, Mr. Jitender Reddy, learned counsel for the unofficial respondent Nos.4 to 9 (except 7th respondent), submitted that they have removed all the illegal constructions except a small tin shed, which would be removed in due course of time.
9. In view of above submissions, this Court is of the considered view that since the respondents have removed the illegal constructions in accordance with the provisions of the Act, nothing survives in the Writ Petition; and hence, the Writ Petition may be dismissed as infructuous. Accordingly, Writ Petition No.1351 of 2023 is dismissed as infructuous.
10. However, it is made clear that this Court has not made any observations as regards the validity or otherwise of the title of either parties in this Writ Petition.
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11. In view of orders passed by this Court in Writ Petition No.1351 of 2023, no further orders are necessary to be passed in Writ Petition No.9726 of 2022. Accordingly, the same is dismissed as infructuous.
12. No costs.
13. As a sequel, miscellaneous applications pending if any in these Writ Petitions, shall stand closed.
__________________________________ C.V. BHASKAR REDDY, J Date : 10.02.2023 Ndr