Telangana High Court
Divyanagar Plots And House Owners ... vs The State Of Telangana And 7Others on 1 February, 2023
THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
Writ Petition No.38181 of 2022
ORDER:
This Writ Petition is filed by the petitioner under Article 226 of the Constitution of India seeking a Writ of Mandamus to declare the action of 4th respondent-Gram Panchayat in issuing the impugned order dated 21.06.2019 as arbitrary, illegal, unjust and violative of principles of natural justice and to set aside the same; and consequently, to direct the official respondents to inquire into the matter afresh and demolish the illegal constructions made by unofficial respondent Nos.5 to 8 in Divyanagar Layouts in Kachivanisingaram Village, Ghatkesar Mandal, situate in Survey Nos.50 and 51 parts, and 52, 54 and 54 parts.
2. Heard Mr. S. Sathyam Reddy, learned Senior Counsel appearing on behalf of K.V. Rajasree, learned counsel for the petitioner; the learned Government Pleader for Panchayat Raj, for respondent Nos.1 and 3; the learned Government Pleader for Revenue, for 2nd respondent; the ::2:: CVBR,J wp_38181_2022 learned Standing Counsel for Kachigani Singaram Gram Panchayat, for 4th respondent.
3. The petitioner herein claims to be the President of Divyanagar Plots and House Owners' Association (formerly known as Divyanagar Plot Owners' Association) having its registered office at Divyanagar Community Hall, Kachiwanisingaram Village, Ghatkesar Mandal, Medchal- Malkajgiri District; four layouts were sanctioned for Survey Nos.50 and 51 part and Survey Nos.52, 42 and 54 of the said Village, in which several individuals such as government servants, private employees and small businessmen have purchased the plots and constructed houses; subsequently, the plot owners have formed an Association by name "Divyanagar Plot Owners' Association"
in the year 1998 and got registered with the Registrar of Societies vide Regn.No.6167/99, and thereafter, they have approached the Hyderabad Urban Development Authority (H.U.D.A.) for regularization of the layouts granted by the Gram Panchayat.
4. Learned Senior Counsel for the petitioner would submit that, while things stood thus, the contesting ::3:: CVBR,J wp_38181_2022 respondent Nos.5 to 8, who claimed to have purchased plots in the layouts in the year 2016 & 2017, are proceeding with illegal constructions in the layouts without following the building norms; in those circumstances, the petitioner-Association submitted various representations dated 23.10.2017, 10.03.2018 and 27.09.2018 to the official respondent Nos.1 to 4; but, so far, the respondent Nos.1 to 4 have not taken action for removing the illegal constructions in the layouts; aggrieved thereby, the petitioner-Association has approached this Court by filing Writ Petition No.9271 of 2019 praying for a direction to the respondent Nos.1 and 2 therein, and this Court, vide order dated 29.04.2019, directed the 4th respondent to verify the allegations of the petitioner on its representations dated 23.10.2017, 10.03.2018 and 27.09.2018 and take necessary action if there is any violations of respondent Nos.5 to 8 in making constructions in the subject property; but, the 4th respondent, without conducting proper enquiry in the matter by taking into consideration the documents filed by the parties, had mechanically issued the impugned order dated 21.06.2019 without verifying whether the respondents have encroached the road margin or open ::4:: CVBR,J wp_38181_2022 spaces left for the use of the community; aggrieved thereby, the petitioner-Association filed the present Writ Petition praying this Court to pass appropriate orders in the Writ Petition by setting aside the impugned order dated 21.06.2019 passed by the 4th respondent, and allow the Writ Petition.
5. It is settled principle of law that if there is encroachment of public road and said fact is disputed by the contesting parties, it is always open to the aggrieved party to approach the competent forum to establish the encroachments by producing cogent material that the respondent Nos.5 and 6 have encroached the public road or the road margin or the space in the open plots left for the common use of the community.
6. Therefore, this Court, while exercising jurisdiction under Article 226 of the Constitution of India, is not inclined to examine the disputed issue taking into consideration the impugned order passed by the 4th respondent, dated 21.06.2019, to come to the conclusion that respondent Nos.5 to 8 have encroached the public road, as alleged by the petitioner-Association.
::5:: CVBR,J
wp_38181_2022
7. Accordingly, the Writ Petition is disposed of leaving it open to the petitioner-Association to approach the competent Civil Court to redress its grievance for removal of the unauthorized constructions / encroachments on the road margin alleged to have been made by the respondent Nos.5 to 8, by instituting a civil suit. No costs.
8. As a sequel, miscellaneous applications pending if any in this Writ Petition, shall stand closed.
__________________________________ C.V. BHASKAR REDDY, J Date : 01.02.2023 Ndr