HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.7195 of 2023

ORDER:

This writ petition is filed seeking the following relief:

“…….to issue a Writ, Order or Direction more particularly one in the nature of a Writ of Mandamus declaring the action on the part of the Respondents herein in not considering the representation dated 28.02.2023 made by the petitioner herein for restoration of the common passage of her land grabbed by some local political leaders and land grabbers by constructing a boundary wall thereon illegally under the guise of a mosque as illegal, unjust and against the principles of natural justice consequently direction may be given to the respondents herein to consider the same at the earliest and to pass…..”.

Heard Mr.M.A.Qavi Abbasi, learned counsel appearing for the petitioner and Mr.Praveen Kumar Veerjala, learned Standing Counsel appearing for respondent No.1.

It is the case of the petitioner that she is the absolute owner and possessor of property bearing municipal number 18- 13-227, situated at Tulsi Nagar, Jahangirabad, Bandlaguda, Chandrayangutta, Hyderabad, having acquired the same through Registered Gift Deed by her husband vide Document No.4917/2018, dated 02.06.2018, who alleged to have purchased the same from its lawful owners under a notarized agreement of sale on 28.04.1992.

It is the contention of the learned counsel for the petitioner that adjacent to the property owned by the petitioner, there is a common passage, where along with the petitioner other locality inhabitants used to commute using the said pathway and the said way is also reflected in the plan and schedule annexed to title deed and link documents and encroaching the said pathway, a mosque is being constructed on the road margin. The petitioner expressing her grievance has submitted a representation dated 28.02.2023 on the file of respondent No.1 requesting to remove the illegal encroachments on the road margin alleged to have been constructed for the purpose of mosque and she also made a complaint to the Station House Officer, PS Chandrayangutta, Hyderabad on the alleged encroachments. So far, the respondents have not taken any action on the complaint submitted by the petitioner dated 28.02.2023 and if the constructions are allowed by encroaching the pathway/road margin, it will cause great inconvenience and hardship to the locality inhabitants and prayed this Court to direct the respondents to consider the representation dated 28.02.2023 for removal of illegal/unauthorized constructions carried out on the road margin.

Learned standing counsel appearing for the respondent corporation has submitted that in fact there is a private dispute between the petitioner and the third parties and only to resolve the private disputes, she approached this Court and as per the instructions received from the municipal corporation, the constructions are carried out in the private property and they are not encroaching any road margin/pathway as alleged by the petitioner. Further, the petitioner is not having any title deed that she is the owner and possessor of the property and to resolve the disputes with the thrid party, she made a representation to the municipal authorities and has approached this Court without making the alleged encroachers as necessary parties in the writ petition. He further submitted that they have taken into consideration the representation of the petitioner dated 28.02.2023 and after inspection of the said property mentioned in the writ petition, they will pass appropriate orders in accordance with law.

This Court, having considered the submissions made by both the parties, is of the considered view that this writ petition can be disposed of by directing respondent corporation to consider the representation dated 28.02.2023 and pass appropriate orders strictly in accordance with the provisions of the Telangana Municipalities Act, 2019, within a period of one week from the date of receipt of a copy of this order.

With the