High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circurnstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondent No.2 in threatening to dernolish the compound wall and small room constructed by the petitioner in her house site plot of land admeasuring 100.00 Sq_ yds i.e., 30' Feet X 30' Feet in Sy. No. 401166129, situated at Armoor Viltage and Mandat, Nizamabad District, and to dispossess her from her said house site plot and threatening that, she shall not proceed with any fu(her construction, by issuing a show cause notice of 3 days dated 30-'12-2024, without considering the explanation submitted by the petitioner dated 31-12-2024, is nothing but arbitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of lndia and also 7 contrary to the provisions of Telangana Municipalities Act, 2019. Consequently set aside the said show cause notice dated 30-12-2024 in Lr. No. G1lTPl3350l2O24, thereby direct the respondent No. 2 not to demolish and not to dispossess the petitioner from her small room and compound wall constructed in her plot of land admeasuring 100.00 Sq. Yds i.e., 30' Feet X 30' Feet in Sy. No. 401166129, situated at Armoor Village and Mandal, Nizamabad District, thereby not to prevent in any manner in proceeding with the construction hy the petitioner in accordance with the sanction plan. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No. 2 not to demolish the small room and compound wall constructed in her plot of land admeasuring '100.00 Sq. Yds i.e.,30' Feet X 30' Feet in Sy. No. 4O1t66129, situated at Armoor Village and [Vlandal, Nizamabad District, thereby not to dispossess. Counsel for the Petitioner: SRI K.VENUMADHAV Counsel for the Respondent No.1: AGP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2: SRI PUTTA KRISHNA REDDY, SC FOR MCPL Counsel forthe Respondent No.3: GP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.6O OF 2O25 ORAL ORDER: Heard Mr.K.Venumadhav, learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development for respondent No.1 and Mr.Putta Krishna Reddy, Iearned Standing Counsel for respondent No.2.

2. The petitioner herein is claiming that she is the absolute owner and possessor of the house site, admeasuring 100 square yards i.e., 30 feet x 30 feet in Sy.No.4Ol/66 129' situated at Armoor Village and Mandal, within respondent No.2-Municipality. It rd/as an assigned land in favour of the petitioner by virtue of proceedings No.B2/L489 l2OO3, dated

18.i1.2O03. She has obtained building permit order, dated

09.O1.2019 for construction of residential house from respondent No.2. As per the said building permit order, the petitioner has to commence the construction on or before Og .O7 .2O2O and complete on or before O9.O 1 .2025. According to the petitioner, she is making construction strictly in I 2 accordance \l.ith the said building permit order arrd it will be completed by 09.0 1.2025.

3. While she \^/as proceeding u,ith the construction in accordance with the sard building permit order, respondent No.2 tried to demolish the compound wall and small room constructed in the subject proper$r, without follorving the procedure laid dou,n under the lar.r.. Therefore, she has frled W.P.No.328O7 of 2024 and the said writ petition cam.e up for hearing on 22.11.2024. Mr.M.Ram Mohan Reddy, learned Starding Counsel for respondent No.2 produced written instructions stating that respondent No.2 authorities inspected the site and found that one Mr.N.Rajendhar Goud is making construction, but not the petitioner, without obtaining prior permission from respondent No.2 and they will take steps, in accordance with lar,r.. Recording rhe said submission, this Court disposed of the said writ petition directing respondent No.2 to serve notice on the petitioner vuith a requ€,st to submit building permit order, dated O9.01.2O19 etc., and on receipt of explalation and also documents from the petitioner, respondent No. 2 shall consider the same ald dispose it of, in accordance u,ith law. If I I \ J there is aly deviation in the construction to the building permit order, dated 09.01.2019, this Court granted liberty to respondent No.2 to take action against the petitioner, in accordance rr",ith the procedure laid down under the Telangana Municipalities Act, 2O 19.

4. Thereafter, respondent No.2 has issued show-cause notice, dated 30. 12.2024 stating that the petitioner has obtained building permit order by submitting fabricated documents. The patta certificate produced by her is a fabricated one. Three days time was granted to submit explanation. She has submitted explanation on 31.12.2024 stating that patta obtained by her vide patta certificate No.B2/ 1489 l2OO3, dated O8.1 1.2003 is genuine one. She has also produced the proceedings in Lr.No.B/Spl-1/2018, dated

06.10.2018 of respondent No.3, wherein it was stated that the said patta certificate is genuine. The said information was furnished by respondent No.3-Tahsildhar to respondent No.2 at the request made by respondent No.2. Without considering the said explanation dated 31 , 12 .2024, respondent No.2 is trying to demolish the subject property. Therefore, ch,allenging I the said action of respondent No.2, the pelitioner lrled the present writ petitton.

5. Whereas. Mr.Putta Krishna Redd-v, learned Standing Counsel for respondent No.2, on instructions, would submit that the petitioner has submitted explanati on on 31.12.2024 to the show-cause notice dated 30. i2.2024. Respondent No.2 will consider the same and pass appropriate orders, strictly in accordance u'ith the Telangana Municipalities Ac1., 2O 19. Respondent No,2 rvill also consider the aforesaid letter issued by respondenl. No.3 stating that the patta certificate obtained by the petitioner is genuine.

6. In the light of the said submissions, this Writ Pt:tition is disposed of, directing respondent No.2 to consider the explaration dated 31. 12.2024 submitted bv the petitioner to the show-cause notice, dated 30.12.2024 and proceedings in Lr.No.B/SpI-l/2O18. ciated 05.1O.2018 of respondent No.3 and pass appropriate orders, strictly in accordance with law, by putting the petitioner on notice and affording her an opportunity of hearing. Respondent No.2 sha-l1 complete the entire exercise within four (04) weeks from the date of receipt of a copy of this order. Till then, respondent No.2 is directed -j,+: : :!, -.--..:,- 5 not to interfere with the construction carried out by the petitioner as per the building permit order, dated 09.Ol.2Ol9. However, the petitioner shall make construction strictly in accordance with the said building permit order, failing which, respondent No.2 is at liberty to take action in accordance with the procedure laid down under law. In the circumstances of the case, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. SD/.P. PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Principal Secretary to the Municipal Administration Department, Secretariat Buildings, Hyderabad, State of Telangana.

2. The Commissioner, Armoor Municipality, Armoor Proper and Mandal, Nizamabad District.

3. The Tahsildar, Armoor Mandal, Armoor Proper and Mandal, Nizamabad District.

4. One CC to SRI K.VENUMADHAV, Advocate [OPUC] 5. One CC to SRI PUTTA KRISHNA REDDY, SC FOR MCPL [OPUC] 6. Two CCs to GP FOR MCPL ADMN URBAN DEV, High C,ourt for the State of Telangana at Hyderabad [OUT]

7. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

8. Two CD Copies BSR BS *L GC TODAY 5TAr€ o q :) ':) () r r li 'l.dil $6 7 o .tt l t t:.:. HIGH COURT DATED: 0210112025 ORDER WP.No.60 ot 2O25 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS @ \rb \I {