Back
2025 Supreme(Online)(TEL) 785
HIGH COURT OF TELANGANA
K. LAKSHMAN, J
M/ s. Gayathri Gardens GPR Layout Plot Owners Welfare Association – Appellant
Versus
The State of Telangana and 4 others – Respondent
WP/2023/2023
The court directed the Municipality to act on representations regarding illegal activities while clarifying it cannot resolve title disputes in a writ petition under Article 226.
Headnote:(A) Telangana Municipalities Act, 2019 - Sections 2(21), 2(22), 2(39), 2(40), 2(55), 2(58), 2(69), 2(103), 2(108), 137, 139, 142, 158, 161, 162, 171 - Writ petition filed by a registered association to declare the inaction of respondents in addressing illegal activities by respondent No.5 as arbitrary - The court directed the Municipality to consider representations and take action against illegal parking and construction activities without permission. (Paras 3, 8(i))
(B) Jurisdiction - The court emphasized that it cannot resolve title disputes in a writ petition under Article 226, especially when serious disputes are pending in other forums. (Paras 7(xix), 8(i))
Facts of the case:
The petitioner association, representing plot owners, alleged illegal activities by respondent No.5, including unauthorized parking and construction in open spaces of their layout. They filed multiple representations to the authorities, which went unaddressed, prompting the writ petition. (Paras 3, 4)
Findings of Court:
The court directed the Municipality to inspect the property and act on the representations, ensuring due process is followed while considering the ongoing civil disputes. (Paras 8(i)(a)-(g))
Issues: The main issues included the legality of respondent No.5's actions regarding parking and construction without permission and the jurisdiction of the court in addressing title disputes. (Paras 7(xix), 8(i))
Ratio Decidendi: The court ruled that the Municipality must act on the representations while refraining from adjudicating title disputes, which are to be resolved in appropriate civil proceedings. (Paras 8(i)(a)-(g))
Result: Writ petition disposed of with directions to the Municipality. (Para 8(i))
| Table of Content |
|---|
| 1. petitioner association's allegations (Para 2 , 3) |
| 2. court's final directions (Para 8) |
ORDER
Heard Mr. T. Surya Satish, learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing on behalf of respondent No.1, Mr. Krishna Reddy Putta, learned Standing Counsel for respondent No.2, Mrs. D. Madhavi, learned Standing Counsel for HMDA appearing on behalf of respondent No.3, learned Assistant Government Pleader for Home appearing on behalf of respondent No.4 and Mr. Prabhakar Chikkudu, learned counsel for respondent No.5.
2. The present writ petition is filed to declare the action of the respondents in not considering the representations dated 21.11.2022, 28.11.2022, 13.12.2022 and 27.12.2022 submitted by the petitioner association as illegal and arbitrary.
3. CASE OF THE PETITIONER:
i) The petitioner herein is a registered Association registered under the provisions of the Telangana Societies Registration Act, 2001. Plot owners of M/s. Gayathri Gardens GPR Layout situated at Bowrampet Village, Dundigal Municipality, Gandimaisamma - Dundigal Mandal, Medchal - Malkajgiri District are the Members of the petitioner association.
ii) Mr. Nagallamurali Mohan and others alienated the land admeasuring Acs.17.25 guntas in Survey Nos.246/A, 246/AA, 247/A, 248/U/A and 249/A and admeasuring Acs.3.04 guntas in Survey No.268/A, situated at Bowrampet Village, Dundigal Municipality, Gandimaisamma - Dundigal Mandal, Medchal - Malkajgiri District, in favour of M/s. GPR Housing Private Limited (GPRHPL) represented by its Managing Director, Mr. G. Punna Rao, under two registered Agreement of sale-cum-General Power of Attorneys (AGPAs) bearing document Nos.3758 and 3759 of 2000, both 14.07.1999, respectively.
iii) M/s. GPRHPL also acquired a total extent of Acs.52.00 from the original pattadars apart from the aforesaid mentioned extent, obtained permission from the then Gram Panchayat, Bowrampet, developed the said land to an extent of Acs.52.00. Thereafter, M/s. GPRHPL sold out the plots to various purchasers under different registered sale deeds. Most of the owners constructed residential, commercial buildings/apartments over such plots.
iv) While so, respondent No.5 has been exploiting the open spaces of the layout; converted them into illegal parking of lorries, other vehicles and has been collecting the parking fees illegally. That apart, he allowed the illegal huts to come up in the open spaces and thereby causing not only nuisance, but also harassment and hindrance in enjoyment of the property by the Members of the petitioner association.
v) The petitioner association made representations on various dates i.e., 21.11.2022, 28.11.2022, 13.12.2022 and 27.12.2022 to the respondents to protect the said open areas, but the same were not considered. Aggrieved by the said inaction of the respondents, the petitioner filed the present writ petition.
4. CONTENTION OF R2 - MUNICIPALITY
i) On receipt of representations from the petitioner, its staff inspected the subject property and noticed that there are no construction activities under progress, lorries and heavy vehicles are parked in the private lands, but not in the open spaces as alleged by the petitioner. However, the Municipality has addressed letter dated 10.02.2023 to the Police of Dundigal and also the Traffic Police to take action against the illegal parking of vehicles. Thus, the allegations made by the petitioner are baseless.
ii) The petitioner has no locus standi to file the present writ petition.
5. CONTENTION OF HMDA
i) The petitioner did not make any representation or complaint to the HMDA against respondent No.5.
ii) The layout permission issued by the then Gram Panchayat, Bowrampet dated 08.06.1986 is not valid in law as the layout is supposed to be granted by the then HUDA or now the HMDA.
iii) With regard to open spaces, whether it is authorized or unauthorized, the same are supposed to safeguard by the concer
