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2025 Supreme(Online)(Tel) 59193

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B. Vijaysen Reddy, J
Ch. Rajendra Prasad – Appellant
Versus
The State of Telangana – Respondent
WRIT PETITION No.38695 of 2025



Advocates:
For the Appellants/Petitioners:
For the Respondents: Srinivas Rao Pachwa

Administrative authorities must ensure proper land demarcation and provide affected parties with notice and an opportunity for a hearing before undertaking construction on disputed land to avoid law and order issues.

Headnote:The petitioners sought a Writ of Mandamus to challenge the inaction of the respondent authority regarding a representation dated 22.11.2025 and to restrain the construction of a compound wall on a specific plot of land in Rock Hills Colony, Mansurabad Village. The court noted that the construction work had been halted due to disputes between different community graveyard members and that a report on land ownership and boundary demarcation from the Town Planning Wing was pending. The central issue was whether the respondent authority could proceed with construction without first establishing clear land ownership and boundaries. The court reasoned that to prevent potential law and order issues and ensure fairness, the authority must await the demarcation report and provide the petitioners with a notice and an opportunity to be heard before resuming any work. The writ petition is disposed of with a direction to the respondents No.3 and 4 not to undertake any work without putting the petitioners on notice, by affording opportunity of hearing to the petitioners and by furnishing copy of the Town Planning Wing.

Table of Content
1. dispute over graveyard boundary and pending demarcation report by town planning wing. (Para 1 , 2 , 3)
2. requirement of notice and hearing before resuming construction on disputed land. (Para 4)

ORDER

The writ petition is filed seeking a Writ of Mandamus to declare the inaction of the respondent No.3 in considering the representation of the petitioners dated 22.11.2025 as illegal, arbitrary and direct the respondent No.3 not to make any construction of compound wall around the plot of land admeasuring 1256 sq. yards out of 3500 sq. yards, Sy.No.6/14 Part (Old), 9 (New), Rock Hills Colony, Mansurabad Villag, Saroornagar Mandal, Ranga Reddy District, under the guise of work order No.25001406/EE, Hayathnagar DB/GHMC/2025-26 dated 14.11.2025.

2. Mr. Srinivas Rao Pachwa, learned standing counsel for the respondent - GHMC, based on written instructions, submitted that on the representation submitted by the Mohammadia Masjid Khabrastan Committee, GHMC has taken up the work of construction of a compound wall and filling the gravel at Mohammadia Masjid Khabrastan, located beside Rajiv Gandhi Nagar in Ward No.11, Nagole. The Zonal Commissioner, L.B. Nagar Zone, accorded administrative sanction on 04.11.2025 for execution of the said work, for an estimated amount of Rs.11 Lakhs and the work was entrusted to a contractor. Mark-out of the site was given to the executing agency for commencement of work. During the process of levelling the ground, the work was obstructed and stopped by the members of the Hindu Graveyard. In view of the dispute, the work was stopped. Meanwhile, the petitioners approached this Court objecting the proposed construction of compound wall between the Muslim and Hindu graveyards.

3. Learned standing counsel further submitted that in view of the objections raised and in order to avoid any dispute and possible law and order issues, a letter was addressed to the Town Planning Wing and the ACP, Hayathnagar, Circle-3, seeking clarification regarding the land ownership details, as to whether the subject land is Government land or private land and also requested proper demarcation of the boundaries of the Hindu and Muslim graveyards at Mohammadia Masjid Khabrastan. The land status and boundary demarcation report is still awaited from the Town Planning Wing. He submitted that upon receipt of the report, the demarcation of Muslim and Hindu graveyards will be done and boundary will be fixed and thereafter, compound wall construction will be taken up by following due process of law.

4. As it is stated that the construction of compound wall has been stopped and the report of the Town Planning Wing is awaited, recording the same, the writ petition is disposed of with a direction to the respondents No.3 and 4 not to undertake any work without putting the petitioners on notice, by affording opportunity of hearing to the petitioners and by furnishing copy of the Town Planning Wing.

The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

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