WP/40382/2025 of Butti Raj Kumar Vs The State of Telangana on 31 December 2025

[ 3183 I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 40382 OF 2025 Between: Butti Raj Kumar, S/o. Late Veer Kumar, Aged about 57 years, Occ: Business, Fi/o. H.No.5-1- 1 53, Fathepura, Karimnagar District-T.S. .,.PETITIONER AND

The State of Telangana, Rep- by its Principal Secretary, Municipal Administration and Urban Development Department Secretariat Hyderabad. The District Collector, Karimnagar District. State of Telangana. Karimnagar Municipal Corporation, Rep by its Comrnissioner, Karimnagar District, State of Telangana. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No. 3 in interfering into the peaceful possession and enjoyment of petitioners property room and open land admeasuring 324.55 Sq.yards or 272.62 Sq.meters within the boundaries adjacent to the Municipal No.6-6-325/'1lA, in Survey No.1 461 , situated at Sainagar Locality, Municipal Corporation Karimnagar and Town, Karimnagar District-Telangana State covered by the Registered Gift Deed No.9068/2016 dt24-8-2016 executed at Sub-Registrar Office, Karimnagar, without issuing any notices, without following the due process of law as arbitrary, illegal, unjust, high handedness against the principles of natural justice and against the Right to Property guaranteed under Articles 14,21 and Article 300-A of the Constitution of lndia, besides being contrary to the provisions of Telangana

:=i.; .< Municipalities Act and consequently direct the respondent:; No. 3 not to interfere into the peaceful possession and enjoyment of the peti.i rner's property room open land admeasuring 324.55 Sq.yards or 272.62 S q.meters within the boundaries adjacent to the Municipal No.6-6-325/1/A, in Suley No.1461, situated at Sainagar Locality, Municipal Corporation Karimnagar : r C Town, Karimnagar District-Telangana state covered by the Registered Gif ! Deed No.906g/2016 dt24 -8 -2O 1 6 executed at Sub-Registrar Office, Karimnaga r lA NO: 1 OF 2025 Petition under Section 151 cPC praying that in the ci :umstances stated in the affidavit filed in support of the petition, the High corrr may be pleased to direct the respondents No.3 not to interfere into the peir eful possession and enjoyment of the petitioners property room and open Ianrl admeasuring 324.55 sq.yards or 272.62 Sq.meters within the boundaries adjir,ent to the Municipal No.6-6-325/1/A, in Survey No.1461, situated at Sainag: Locatity, Municipal corporation Karimnagar andrown, Karimnagar District-Tele rgana state covered by the Registered Gift Deed No.9068t2o16 dr 24-g-2c1) executed at sub- Registrar Office, Karimnagar pending disposal of the above r /rit petition Counssl for the Petitioner : SRI P K SAWANARAYANA Counsel for the Respondent No. 1: Gp FOR MCPL ADMN ! RBAN DEV Counsel forthe Respondent No.2: Gp FOR REVENUE Counsel forthe Respondent No.3: SRI K. SIDDHARTH Rl: )Dy, SC FOR MUNIC]PAL The Court made the following: ORDER

o IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HONOURABLE SRIIUSTICE B. VIJAYSEN REDDY WRIT PETITION No.40382 OF 2025 DATE OF ORDER: 31'.12.2025 Between: Butti Raj Kumar AND ..Petitioner tion and Urban Respondents The State ofTelangana Represented by its Principal Secretary, Municipal Administra Developtnent Department, Secretariat. Hyderabad and 2 others ) ORDER: (ORAL) This writ petition is fited by the petitioner seeking the following relief: ".. .to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.3 in interfering into the peacefuI possession and enjLyment of petitioner's property room and open land adrneasuring 324.55 Sq. yards or 272.62 Sq. meters within the boundaries adjacent to the Municipat No.6-6-325ll/A in Survey No.146l situated at Sainagar Locatity, Municipal Corporation Karimnagar and Town, Karimnagar Districi, Telangana State covered by the Registered Gift Deed No.9068/2016 dt 24.8.2016 executed at Sub-Registrar Office Karimnagar without issuing any notices without following the due process of law as arbitrary illegat unjust high handedness against the p.io"ipt"t ofnatural justice and against the Right to Property guaranteed under Articles 14,21 and, Article 3004. of the Constitution of India besides being contrary to the provisions of Telangana Municipalities Act and consequently direct the respondent No.3 not to interfere into the peaceful possession and enjoyment of the petitioners property room open iand admeasuri ng 324.55 Sq. yards or 272-62 Sq. meters within the boundaries adjacent to the Municipal No.6-6-325l1/A in Survey No' 1461 situated at Sainagar Locality, Municipat Corporation Karimnagar and Town, Karimnagar District, Telangana State covered by the Registered Gift Deed No.9068/2016 dt24-8-2016 executed at Sub-Registrar Office Karimnagar. . . " .---.- \ I (

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2. Heard Mr. P.K.Satyanarayana, learned counsel cr the petitioner; learned Standing Counsel for Karimnagar Municipal Corl)or rrion appearing for respondent No.3; and perused the material on record

3. Leamed Standing Counsel for Karimnagar Mru i:ipal Coqxrration, basing on wriften instructions, subrnitted that responire.t ] o.i has not issued any notice nor passed any orders, and there was nc rttelnpt niade by respondent No.3 in interfering with the possession anr enjoyment of the petitioner.

4. Recording the aforesaid submission, without enterir 1 into the merits of the case, this writ petition is disposed of. There shall be no I rler as to costs. As a sequel thereto, miscellaneous applications, if rL; y, pending in this writ petition, stand closed. \ SD/ P. PONNA KRISHNA I As: lFlANr REG|STRAR / Ii.N \-_,_-__ bEcrroru oFFrcER l //TRUE COPYII To, '1 . The Principal Secretary, Municipal Administration a I I Urban Development Department Secretariat, The State of Telangana, Hyde .abad.

2. The District Collector, Karimnagar District. State of Te z rgana. e [gqi11ag9r. Munrcipal Corporation, Rep by its Conr rissioner, Karimnagar District, State of Telangana. 4 One CC to SRI P K SATYANARAyANA, Advocate [OF JC]

5. One CC to SRI K. SIDDHARTH REDDY, SC FOR I tUNtCtpAL, Advocate [OPUCI

6. Two CCs to GP FOR MCPL ADMN URBAN DEV, Hir; Court for the State of Telangana. [OUT]

7. Two CCs to GP FOR REVENUE, High Court for tr: State of Tetangana tourl

8. Two CD Copies PVL TF.S :GI

HIGH COURT DATED:3111212025 E t o Lq T 5\ \ \* ':7 a.:, \ I tZo ;-.1- rL I

ORDER

DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,Ke x. L!, WP.No.40382 of 2025 a \rftf>e I I