IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO

17th February, 2026 Between:

Vemulapalli Satya Narayana, S/o. Dasaradha Ramaiah, aged about 54 years, R/o. Plot No.36- III, Road No 71 Br, H.No.8-2-293/82/J-III/36, Jubilee Hills Cooperative House Building Society, Jubilee Hills, Hyderabad and another.

...Petitioners and The Greater Hyderabad Municipal Corporation, BRKR Bhavan, Tank Bund, Hyderabad rep by its Commissioner and 4 others.

...Respondents

ORDER

The present Writ Petition is filed seeing the following relief:

“...to issue an appropriate Writ, Order or Direction, more in the nature of Writ of Mandamus declaring the action of the respondents 1 to 4 in seeking to encroach about 100 sq. yards of land and construct a compound wall by demolishing the existing compound wall on the eastern side of the land belonging to the 2^nd petitioner admeasuring 1180 sq. yards (1030 sq yards) bearing Plot No.36-III, H.No.8-2-293/82/J-III/36, Road No.71 Br, Jubilee Hills Cooperative House Building Society, Jubilee Hills, Hyderabad, under the guise that the 2^nd petitioner has encroached into the land earmarked as a park in the layout, the further action of the 1^st respondent in not permitting the 2^nd petitioner to open a gate on the eastern side of the said land as arbitrary, illegal, unjust, without jurisdiction, violative of the fundamental and Constitutional rights guaranteed to the 2^nd petitioner under the Constitution of India as well as violative of principles of natural justice and issue a consequential direction to the respondents 1 to 4 not to interfere with the 2^nd petitioner’s peaceful possession and enjoyment of the aforesaid land and to further direct the 1^st respondent to permit erection of the gate on the eastern side of the aforesaid land...”

2. Heard Mr.C.V.Mohan Reddy, learned Senior Counsel representing Mr.C.Sumon, learned counsel for the petitioner as well as Mr.Midde Arun Kumar, learned Standing Counsel for Greater Hyderabad Municipal Corporation representing respondent Nos.1 to 4 and Mr.C.V.R.Rudra Prasad, learned Counsel for respondent No.5. Perused the record.

3. The learned counsel for the petitioners submits that while the petitioners are in lawful possession and enjoyment of the subject property admeasuring 1180 square yards (presently 1030 square yards) bearing Plot No.36-III, Jubilee Hills, Hyderabad, the respondent Nos.1 to 4 are attempting to encroach upon about 100 square yards of land belonging to the 2^nd petitioner and proposing to demolish the existing compound wall on the eastern side and construct a new compound wall under the erroneous assumption that the petitioners have encroached upon land earmarked as a park.

4. The learned counsel further submits that the said plot was originally sold in two parts by the 5^th respondent to one P.Venkat Reddy under registered sale deeds dated 11.07.2002 and 07.04.2005, aggregating to 1180 square yards, and the 1^st petitioner subsequently purchased the same under registered sale deeds in the year 2005. Thereafter, building permission was duly obtained from the 1^st respondent, and a residential building was constructed strictly in accordance with the sanctioned plan. The property was later gifted to the 2^nd petitioner under a registered Gift Deed dated 25.10.2012.

5. It is further submitted that at the time of purchase and construction, there existed a road abutting the eastern side of the property, (extending up to approximately 40 feet in width) beyond which a further extent of about 60 feet was earmarked as a park and enclosed by fencing. The petitioners, for Vastu purposes, left an extent of 150 square yards, resulting in a present usable extent of 1030 square yards, and constructed compound walls on all sides, including a partial wall on the eastern side, while intending to erect a gate subject to permission.

6. The learned counsel submits that on 27.07.2015, respondent Nos.3 and 4, without notice and under a mistake