Telangana High Court
Uppuluri Veera Venkata Kasi Naga ... vs State Of Telangana on 21 October, 2024
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
WRIT PETITION No.29025 OF 2024
ORDER:
Heard learned Counsel for the petitioners, learned Government Pleader for Municipal Administration & Urban Development appearing for respondent No.1, Sri K. Ravinder Reddy, learned Standing Counsel appearing on behalf of respondent Nos.2 and 3, Sri G. Narender Reddy, learned Standing Counsel appearing for respondent Nos.4 and 5 and with the consent of learned Counsel for the parties, the Writ Petition is taken up for hearing and disposal the stage of admission.
2. Shorn of unnecessary details, the case of the petitioners in brief, is that the 1st petitioner is the absolute owner and possessor of plot No.213 on western part to an extent of 1489 square yards in Sy. No.844/1; that the 2nd petitioner is the absolute owner and possessor of eastern part of plot No.213 admeasuring 2000 square yards in Sy. No.844/1 situated at West Indira Nehru Nagar, Mahindra Hills, Malkajgiri Circle and Mandal, Medchal Malkajgiri District having purchased the same under registered sale deed dated 21.11.2023; and that the respondent authorities in particular, the 4th and 5th respondents 2 are seeking to dispossess the petitioners from the subject lands by undertaking construction of compound wall thereby interfering with her peaceful possession and enjoyment, claiming that the subject land is Government land, without issuing any notice, without following due process of law, which action it is contended is arbitrary, illegal and in violation of principles of natural justice and violative of Articles 14, 16 and 300-A of Constitution of India.
3. Per contra, learned Standing Counsel appearing on behalf of respondent Nos.4 and 5 would submit that the land to an extent of 8072 sq. meters in Sy. No.844/1 of Malkajgiri village, Marredpally Mandal was delivered by the respondent Revenue authorities for construction of ground level storage reservoir and that the said extent of land is covered by a compound wall on all sides.
4. Learned Standing Counsel further submits that since part of the compound wall on one side had collapsed, the respondent authorities in order to prevent the said land from being encroached upon had taken up the work of fencing in place of collapsed wall and that the respondent authorities have not undertaken construction of any compound wall. 3
5. Learned Standing Counsel further submits that taking advantage of the collapsed compound wall, the petitioners have placed a metal container in the subject land and that the respondent authorities immediately on noticing the above had approached the concerned police authorities and lodged a complaint which has been registered, vide Crime No.285 of 2024 dated 20.10.2024.
6. Learned Standing Counsel further submits that the authorities except taking up the work of fencing the subject property where the existing wall has collapsed are not undertaking any construction for the petitioner to claim that the respondent authorities are trying to interfere with the peaceful possession of the petitioner.
7. Having regard to the submissions made as above and taking note of the fact that the respondent authorities having been put in possession of the land admeasuring 8072 square meters in the year 2005 for construction of a ground level storage water reservoir secured by a compound wall on all sides and being a restricted area and also taking note of the submission that the respondent authorities are only undertaking fencing work in place of collapsed wall, this Court 4 is of the view that the aforesaid statement made to this Court on behalf of respondent authority by the learned Standing Counsel can be placed on record and the respondents are directed to abide by the aforesaid undertaking given to this Court.
8. Subject to the above direction, the Writ Petition is disposed of. No costs.
Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
__________________ T. VINOD KUMAR, J Date: 21.10.2024 MRKR