Hyderabad: Justice T. Vinod Kumar of the Telangana High Court cautioned against constructions pending civil disputes over the property. The judge was dealing with a writ plea filed by Rahul Mahendrakar. The petitioner complained that unofficial respondents were carrying out construction over the premises on the main road, old Vijayawada-Hyderabad highway, which is the subject matter of a partition suit. The petitioner alleged that the authorities had failed to take action on their representation over the alleged illegal construction. Per contra, Suryapet municipality stated that upon the representation, an inspection was carried out and as the construction was found to be unauthorised, a show cause notice was issued to the builders calling for explanation within seven days. It was argued that, however, no reply was submitted within the stipulated time and a later point explanation was silent on whether unofficial respondents had obtained building permission or not. It was the contention of the unofficial respondents that they are carrying out construction to the extent of 65 sq. yards and as per the TS-Bpass Act, no building permission is required to the extent of 75 sq. yards. The judge, after considering the submissions and perusing the records, said “assuming that the construction is on 65 sq. yards, they are required to pay a fee of Re one and declare that all the requirements as contemplated under the Act are fulfilled”.
Justice Vinod said admittedly the land measuring is above 250 sq. yards and there is a pending civil suit. Under the circumstances, the court said that the counsel’s arguments were unacceptable. The judge accordingly disposed of the writ petition by directing the authorities to take further action in accordance with the law.
HC orders notice in writ on access to national highway
Justice C.V. Bhaskar Reddy of the Telangana High Court issued notices to the tahsildar, Choutuppal mandal, Yellambavi gram panchayat, and others in a writ plea challenging restriction to a common passage at Devalamma Nagaram revenue village and directed them not to interfere with the free movement of way to ingress and egress to a common passage leading to the highway. The judge made the interim order in a writ petition filed by Vinukonda Satyanarayana a resident of Koyyalagudem of Yadadri district. The petitioner argued that the tahsildar had restricted their movement through a common passage connecting the scheduled property in the village, Koyyalagudem, Yadadri Bhuvanagiri district to NH 65. The petitioner contended that the common passage was reflected in the revenue maps and that the authorities were now constructing fencing, which is arbitrary and unjust. The judge posted the matter to February 19 for further adjudication.
Govt files appeal against land allotted to TSERC
A two-judge bench of the Telangana High Court on Monday ordered notice in a writ appeal filed by the Revenue department questioning an order of the single judge quashing earlier directions of the revenue department requiring handing over of 1287 sq. mts of land to the Telangana State Electricity Regulatory Committee (TSERC). Earlier, a writ petition was filed by G. Vishal Yadav challenging the proceedings of the government, according permission and seeking to take “forceable possession” of the land, forming part of Amaravathi theatre in the city. A single judge on a detailed perusal of the title claims and the law had faulted the revenue authorities and ruled that “the subject land should not have been computed to the holding of the declarants, all subsequent proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 are hereby held to be vitiated and void.” The allotment of land in favour of TSERC was set aside. The present appeal has been filed challenging the order. The bench, comprising Chief Justice Alok Aradhe and Justice J. Anil Kumar, ordered notice after perusing the records.
