HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.33010 of 2023

ORDER

This writ petition is filed seeking the following relief:

“...to issue an appropriate writ, order or direction, more particularly, one in the nature of Writ of Mandamus, declaring the action of respondent Nos.2 and 3 in permitting respondent No.5 in erecting Cell Tower in the petitioner’s joint property land in collusion with respondent Nos.6 and 7 with the forged signature of petitioner in the Lease Deed in favour of respondent No.5 in respect of land in Sy.No.620 total admeasuring 600 square yards or 501.66 Sq. Meters situated at Peddamagadda, Hanamkonda District and consequently to direct respondent Nos.2 and 3 to initiate action against the construction and erection of cell tower by respondent No.5 in the petitioner’s joint family property in Sy.No.620, total admeasuring 600 Sq. Yds. or 501.66 Sq. Meters situated at Peddamagadda, Hanamkonda District by considering the petitioners and colony people representations dated 06.11.2023, and pass such reliefs...”

2. The petitioner and respondent Nos.6 and 7 are own brothers. It is the case of the petitioner that their father is the absolute owner and possessor of land admeasuring 600 square yards or 501.66 square meters situated at Peddamagadda, Hanamkonda District and the same was acquired by him and respondent Nos.6 and 7 vide gift settlement deed bearing document No.2379 of 2012, dated

19.03.2012 and since then, they are in possession and enjoyment of the same. It is the further case of the petitioner that without obtaining his consent and undertaking, respondent Nos.6 and 7, in collusion with respondent No.5, are making illegal constructions in the joint property and created a forged lease deed and leased out the said property in favour of respondent No.5-company for erecting cell tower. Since respondent Nos.6 and 7 have created fraudulent documents in favour of respondent No.5, they are liable for prosecution and stating the said facts, he has submitted a representation, dated 06.11.2023 before respondent Nos.2 and 3. The grievance of the petitioner in this writ petition is that respondent Nos.2 and 3 are not considering his representation, dated 06.11.2023 and not taking appropriate action.

3. In view of the said submissions, since the petitioner is only seeking to consider his representation, dated 06.11.2023, this Court, without expressing any opinion on the merits of the matter, deems it appropriate to dispose of the writ petition directing respondent No.3 to examine the representation, dated 06.11.2023 submitted by the petitioner, duly issuing notices to all the parties/stake holders and pass appropriate orders in accordance with law. It is further made clear that before taking any action for cancellation of permission being granted in favour of respondent No.5, respondent No.3 is directed to put a notice to respondent No.5 and pass appropriate orders after hearing all the parties.

4. With the above observations, this Writ Petition is disposed of. No costs.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

________________________________ JUSTICE C.V.BHASKAR REDDY

18.12.2023 rev