I N THE HI GH COURT OF TELANGANA AT HYDERABAD W.P. No. 22540 of 2020 Betw een:

M/s Aditya’s Eden Park Owners Welfare Association … Petitioner And The State of Telangana Rep.by its Principal Secretary and others … Respondents JUDGMENT PRONOUNCED ON: 21.12.2023 THE HON’BLE MRS JUSTI CE SUREPALLI NANDA

1. Whether Reporters of Local newspapers : Yes may be allowed to see the Judgment?

2. Whether the copies of judgment may be marked to Law Reporters/Journals? : Yes

3. Whether Their Lordships wish to see the fair copy of the Judgment? : Yes _________________ SUREPALLI NANDA, J THE HON’BLE MRS JUSTI CE SUREPALLI NANDA W.P. No. 22540 of 2020 % 21.12.2023 Betw een:

# M/s Aditya’s Eden Part Owners Welfare Association ..... Petitioner And $ The State of Telangana Rep.by its Principal Secretary and others … Respondents < Gist:

> Head Note:

!Counsel for the Petitioner: Mr V.Appa Rao ^ counsel for Respondents 1 to 4: G.P for Revenue ^ counsel for respondents 2 and 5: G.P. for R&B ^ counsel for respondent No.3: ;G.P. for Land Acquisition ^ counsel for respondent No.6: G.P. for Home ? Cases Referred:

HON’BLE MRS JUSTI CE SUREPALLI NANDA W.P. No. 22540 of 2020

ORDER:

Heard the learned counsel for the Petitioner Mr. V.

Appa Rao, the learned Government Pleader for Revenue appearing on behalf of respondents 1 and 4, learned Government Pleader for Roads & Buildings, appearing on behalf of respondents 2 and 5, learned Government Pleader for Land Acquisition appearing on behalf of respondent No.3 and Government Pleader for Home appearing on behalf of respondent No.6.

2. Petitioner approached the Court seeking prayer as under :

“to issue an appropriate writ order or direction, more particularly one in the nature of Writ of Mandamus by declaring the actions of 3^rd and 4^th respondents as illegal, arbitrary, against laid down principles and Rules besides contrary to principles of natural justice, in resorting to the demolition of compound wall and basement as well as entry into the cellar of “Aditya Eden Park” apartment on the south side of apartment complex thereby denying ingress to residents of the apartment complex besides effect or to cause weak of the foundation of apartment complex as the same is without authority or by adopt of due process of law, arbitrary illegal and contrary to principles of natural justice.”

3. Case of the Petitioner as per the averments made in the affidavit filed in support of the present Writ Petition is as under :-

a) The Writ Petitioner Association Members had purchased residential plots from 7^th Respondent and it had constructed about 80 residential flats in the complex by name “Aditya Eden Park” in Sy.Nos.302 to 310, 320 to 322, 324 to 361, 363 to 365, 384, 387 to 391 and 399 situated at Nallagandla Village, Serilingampally Mandal, Ranga Reddy District.

b) The 7^th Respondent had sold the flats to the members of the Writ Petitioner Association and handed over the flats in April, 2015, thereby all the flat owners had formed an Association for the maintenance of the subject apartment complex.

c) While so, at the instance of the 4^th Respondent and with the assistance of the 6^th Respondent and upon the directions of the 5^th Respondent some unknown person in the name of work contractor with men and machinery visited the subject premises on 05.12.2020 at 2.30 p.m., and started to demolish compound wall of “Aditya Eden Park” (south entrance side) on road. The Petitioners were shocked to see the letter dated 05.12.2020 addressed to the 6^th Respondent by the 4^th Respondent for Police protection to handover the subject land to the 5^th Respondent herein.

d) It is through the said letter that the Petitioner’s Association came to know that the 3^rd Respondent in the capacity of Land Acquisition Officer had passed an Award dated 21.10.2020, for acquisition of land in Sy.Nos.380, 382, 386, 387, 389 to 391 to an extent of 1080.80 sq. yards situated at Nallagandal Village, Serilingampally Mandal, Ranga Reddy District, thereby effecting the apartment co