Research › Search › Judgment

Telangana High Court · body

2020 DIGILAW 614 (TS)

Bakaram Eshwariah v. State Of Telangana

2020-08-13

T.VINOD KUMAR

body2020
JUDGMENT T.Vinod Kumar, J. - The present writ petition is filed for issue of a Writ of Mandamus to consider the petitioner's representations dated 24/2/2020, 13/3/2020 and 4/6/20, filed before the 3rd and 4th respondents and provide police protection, if any antisocial elements try to physically harm the petitioner, and take action in accordance with law guaranteed under Articles 21 and 300-A of the Constitution of India. 2. The present writ petition is taken up for hearing today, i.e. 13.08.2020, through Video Conferencing. 3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home, appearing for the respondents. 4. Learned counsel for the petitioner, while reiterating the writ averments, submits that the petitioner is the owner of land admeasuring Ac.0-29 Gts., situated in Sy.Nos.158/E and 159 of Peerzadiguda Village, wherein one Narayana and Gopal named in the complaint are trying to encroach into the land of the petitioner and threatened the petitioner and his wife and son with dire consequences and therefore, the petitioner requested for protection from the respondent authorities by way of subject representations. 5. Learned Assistant Government Pleader for Home has forwarded to this Court by e-mail, the written instructions dated 13.06.2020, under the signature of Sub-Inspector of Police, Medipally, Rachakonda Commissionerate. By the said written instructions, it is stated that the complaint made by the petitioner dated 13.03.2020 to the 3rd respondent authority was forwarded by the said authority through proper channel to the 4th respondent authority to cause an enquiry and take necessary action as per facts. It is further stated that on receipt of the above said representation, through proper channel, a GD entry was made and thereafter, the 4th respondent authority caused an enquiry thereinto. 6. By the aforesaid written instructions, it is stated that during the course of preliminary enquiry, it is revealed that the original layout dated 16/06/1979, falling in Sy.Nos.156, 157 and parts of 158 and 159, is situated in Peerzadiguda Village, and out of 27 acres, 3701 square yards is allotted for the Over Head Tank, Temple and 1332 square yards for school area as common space as per the Rayancha Avenue Enclave. The Rayancha Residents Welfare Association represented by its President, Mr.S.Satyanarayana Murthy, and General Secretary, Pannala Janga Reddy, was also registered with Doc.No.10619/13 dated 24/9/2013 at SRO, Uppal. The Rayancha Residents Welfare Association represented by its President, Mr.S.Satyanarayana Murthy, and General Secretary, Pannala Janga Reddy, was also registered with Doc.No.10619/13 dated 24/9/2013 at SRO, Uppal. By the aforestated instructions, it is also stated that the enquiry into the complaint made by the petitioner revealed that the petitioner is claiming right over the land admeasuring Ac.0-29 Gts., which is an ancestral property, and also he made complaints to municipal authorities, dated 16/9/2019 and 13/12/2019, and thereafter, approached this Court, vide W.P.No.179 of 2020, with a prayer to direct the respondent municipal authorities to follow the due procedure established by law and direct them not to interfere with the possession of the petitioner's property. By order, dated 09/01/2020, this Court disposed of W.P.No.179 of 2020, directing the 2nd respondent-Commissioner to consider the representations of the petitioner, dated 16/09/2019 and 13/12/2019 and if it is found that the subject lands do not belong to the municipal corporation and belongs to the petitioner, he should not be dispossessed, without following the due process of law. In pursuance of the said direction, the Commissioner, Municipal Corporation, Peerzadiguda, passed a speaking order dated 17/02/2020 informing that the Rayancha Avenue Colony Association has plotted the land in Sy.Nos.156 to 159 admeasuring about 27 acres, which was approved by the then Gram Panchayat, Peerzadiguda, dated 16/6/1979. 7. It is further stated in the said written instructions that as per the Gram Panchayat approved layout, the original pattadars left the open place and as per the Gram Panchayat norms, the common area is reserved for Temple, Park and School in the Rayancha Avenue with the possession of the Municipality and already boundary stones were fixed on the ground and Over Head Tank is constructed by the erstwhile Gram Panchayat and subsequently, the municipal office is about to take up plantation in the above reserved public utility place under Harithaharam programme in the upcoming rainy season in the month of June, 2020, and the tender process is complete. It is also stated that Narayana and Gopal, against whom allegations were made by the petitioner as to giving life threat to petitioner and his family members, were not made as parties to this writ petition and therefore, the allegations made by the petitioner are baseless and hence, no further action is needed. It is also stated that Narayana and Gopal, against whom allegations were made by the petitioner as to giving life threat to petitioner and his family members, were not made as parties to this writ petition and therefore, the allegations made by the petitioner are baseless and hence, no further action is needed. It is stated that the people named by the petitioner in the complaint are elders of Rayancha Enclave, who represented to the Municipal authorities to construct compound wall to protect the colony park. It is also stated by the said written instructions that placing the above facts on record, a notice dated 13.08.2020 was issued to the petitioner informing the action taken on her representation. A copy of the notice is annexed to the written instructions. 8. Today, when the matter is taken up for hearing, learned Assistant Government Pleader for Home has forwarded a copy of the said notice to the learned counsel for the petitioner. 9. Having regard to the fact that the authorities have now issued a notice to the petitioner informing the action taken on the representation made by the petitioner, it is open for the petitioner to approach appropriate forum to avail remedies in accordance with law, if the petitioner is aggrieved by the above said communication. 10. Subject to the above observation, the Writ Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.