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2025 Supreme(Online)(Tel) 23531

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY
Ashok Mustapure – Appellant
Versus
The State of Telangana – Respondent
WP 38142/2025



IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

WRIT PETITION No.38142 OF 2025

DATE OF ORDER: 11.12.2025

Between:

Ashok Mustapure

...Petitioner

AND

The State of Telangana

Represented by its Principal Secretary, Municipal Administration and Urban

Development Department, Secretariat, Hyderabad and three others

...Respondents

ORDER : (ORAL)

This writ petition is filed by the petitioner seeking the following relief:

“…to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents No.2 to 4 in taking steps against the illegal temple construction carried out by encroachers over the 100 feet wide municipality Road which connects new housing board colony as illegal, arbitrary, Un-Constitutional and consequently restrain the encroachers to proceed with the illegal temple construction over the 100 feet wide municipality Road which connects new housing board colony in Sy.No.72/1 at Batti-Sawargaon Shivar, Mavala Mandal of Adilabad Municipality limits, Adilabad District, pursuant to the Representation

dated 17.11.2025 made by the petitioner to Respondent No.3…”

2. Heard Mr. K.Mohan Chandrahas, learned counsel for the petitioner; Mr. Putta Krishna Reddy, learned Standing Counsel for Adilabad Municipality

appearing respondents No.3 and 4; and perused the material on record.

3. It is claimed that the petitioner is the owner of the subject property bearing Plot Nos.501, 502 & 503 in Sy.No.72/1 situated at Batti-Sawargaon Shivar, Mavala Mandal, Adilabad District. The petitioner submits that there exists 100 feet wide municipality road which connects New Housing Board colony and is only way to the subject property. On noticing the unauthorized temple construction being carried out by encroaching the existing 100 feet wide municipality road, the petitioner submitted a representation dated 17.11.2025 requesting to stop and remove the unauthorized temple on 100 feet wide road at New Housing Board Colony, Adilabad, but no action has been taken.

4. Learned Standing Counsel for Adilabad Municipality appearing respondents No.3 and 4, on written instructions, would submit that on complaint of the petitioner, the subject site was inspected as there was an allegation of encroachment of road by constructing religious structures. Respondent Nos.3 and 4 are coordinating with the District Administration and Police Department to ensure peace and without causing any law and order issues, by following due process of law. It is further stated that respondent Nos.3 and 4 have not granted any building permission for construction of temple on the 100 feet wide road as alleged by the petitioner.

5. Recording the said submissions, this writ petition is disposed of directing respondent Nos.3 and 4 to stop unauthorized constructions, if any, made in the road margin of 100 feet wide road at New Housing Board Colony, Adilabad. There shall be no order as to costs.

As a sequel thereto, miscellaneous applications, if any, pending in this writ petition, stand closed.

_______________________

B. VIJAYSEN REDDY, J December 11, 2025 NOTE: Issue C.C by 12.12.2025 (BO) SUS

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