The High Court · 2025

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, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the lmpugned Order passed by the 2nd respondent in Notice No.Gl/UC/0011KPR12024-25, dt.16.12.2024 whereby directing the petitioners to remove the alleged unauthorized construction of the petitioners at house properties (Shops) bearing H.Nos.9-40, 9-40/1 and 9-41, situated at Padmavathinagar, Khanapur Village and lt/andal, Nirmal District on the ground of encroaching 90 Sq. Yards of '100 Feet wide Road leading from Nirmal to Khanapur P.S without conducting any enquiry by giving opportunity to the Petitioners pursuant the Explanation submitted by the Petitionerc, Dt.2511112024 as illegal, arbitrary, unco nstitutional, contrary to the provisions of Municipalities Act and against the principles of natural justice and consequently by setting aside the lmpugned Order of the 2nd respondent d1.16.12.2024 direct the 2nd T respondent not to demolish the petitioners house properties (shops) mentioned above without following due process of law by giving opportunity of hearing and considering the case on Merits. lA NO: 1 OF 2025 Petition under Section 15'l 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 2nd respondent not to initiate any stepi including demoliiion of the petitioners properties (Shops) bearirro H.Nos.9-40, 9-40/i and g-41, situated at Padmavathinagar, Khanapur village and Mandal, Nirmal District pursuant to the lmpugned order in Notice No. G1/uc/001/KpRl2o24-2s, dt.16.1i.2024, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI C. HARI PREETH counsel for the Respondent No.1: ASsr. cp FoR MUNtclpAL ADMtNtsrRATtoN & URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI PUTTA KRISHNA REDDY, SC FOR KHANAPUR MUNICIPALITY The Court made the following: ORDER I I / ( HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.1OO of 2025 ORDER: Heard Sri C. Hari Preeth, learned counsel lor the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Sri Putta Krishna Reddy, learned Standing Counsel appearing for respondent No.2. Perused the record.

2. This writ petition is filed challenging the final order dated 16.12.2024 issued by respondent No.2.

3. Petitioner Nos.1 to 3 are owners and possessors of the attached properties consisting of three (3) shops situated at H.Nos.9 40ll, 9-41 and 9-40 respectively, situated at Padmavathi Nagar, Khanapur Town and Mandal, Nirmal District, presently under respondent No.2 - Municipality (for short, 'subject property). It is their ancestral properties. The subject property was KL,J w-P.No.1O0 of 2025 1 constructed. after duly obtaining permission from the then Gram Panchayat Secretary, Khanapur Panchayat' Petitioners are in possession of the subject property and paying property tax to respondent No.2. Even then, respondents tried to dispossess the petitioners from the subject property without following due procedure laid down under law. Therefore, they have filed a writ petition vide W.P.No.18404 of 2022. When the said writ petition came up for hearing, on 11.04.2022, learned Standing Counsel appearing for respondent No.2 - Municipalit5r, on instructions, submitted to this Court that respondent No.2 - Municipality is removing the encroachments on the existing 10O feet road and they will follow due process of law. Recording the said submission of learned Stalding Counsel appeared for respondent No.2 Municipality, this Cor-rrt disposed of the said Writ Petition directing respondent No.2 - Municipality not to interfere with the petitioners possession over the subject property without following due process of law. Two and half years /., J KL,J W.P.No.1O0 of 2O25 thereafter, respondent No.2 - Municipality has issued notice, dated 19.11.2024 to the petitioners to submit documents such as Sanctioned Building Permission copy and ownership documents and other documents, if any, in respect of H.Nos.9-40/1, 9-41 and 9-40, situated at Padmavathi Nagar, Khanapur, within seven (7) days. Petitioners have submitted following documents vide its reply, dated 25.11.2024:

1. Copy of Notice No.G1/001/2024, dated 19.I1.2024. 2. Order copy in W.P.No.18404 of 2022 3. Proceeding of Executive Office Gram Panchayath Khanapur, dated 28.Of .i985 I

4. House Tax Payments receipts up to 2025

4. Thereafter, respondent No.2 has passed the impugned final order, dated 16.12.2024 stating that petitioners made construction by encroaching 90 Sq yards of Nirmal to Khanapur Police Station 100 feet wide road. Report submitted by AD, Survey and Land Records, Nirmal district was relied upon. The site is situated at Padmavathi Colony, Khanapur and it is, to be removed. Petitioners failed to give valid explanation to the notice, KL,J W.P.No.1OO of 2025 1 dated lg)L.2024' Therefore' respondent No'2 Municipality directed the petitioners to remove the un- authorized construction w.ithin 15 days' Challenging the said final order, petitioners filed the present writ petition'

5. Learned counsel for the petitioners would contend that vide notice, dated lg'll'2)24' respondent No'2 requested the petitioners to furnish documents and have furnished documents' But' respondent petitioners No.2 did not state about the alleged deviated portion or un-authorized construction specifically in the said notice' Withoutconsideringthedocumentsandexplanation, dated 25-11.2024 submitted by the petitioner' respondent No.2 has issued final order' dated 16.12.2024. The same is in violation of procedure laid down under the Telangana Municipalities Act' 2019' He has placed reliance on the principles laid down in the following two (2) judgments: KL,J W.P.No. 100 of 2025 5 l. Musunuru Rajani o. Vijagautada Municipal Corp oratio n, Vij ag auad,at

2. Common order, dated 25.04.2022 passed by this Court in W.P.Nos.27201 of 2O2l and 19g6 of 2022.

6. Whereas, Sri putta Krishna Reddy, learned Standing Counsel appearing for respondent No.2 has produced written instructions of respondent No.2, wherein it is stated that respondent No.2 has issued notice, dated 19.L1.2O24 and petitioners failed to submit explanation properly. On instructions, he would further submit that entire construction is illegal. Therefore, respondent No.2 has issued notice, dated 19. lI.2O24 and considered the reply, dated 25.11.2024 submitted by the petitioners before passing final order. Therefore, there is no irregularity. 7 As discussed supra, vide order dated 1 1.04.2022 in W.P.No.18404 of 2022 this Court directed the respondents not to interfere with the petitioners ' zoos 1:; aro sz i KL,J W.P.No. 100 of 2025 6 possession over the subject properties without foilowing due process of law. Therefore, respondent No.2 has to follow the procedure laid down under the Telangana Municipalities Act, 2Ol9 by specifically mentioning the deviated portion of the construction in the notice, dated

19.\1.2024. Without mentioning the deviated portion or un-authorized construction specihcally in the notice, dated 19.11.2024, respondent No.2 requested the petitioners to furnish certain documents. Petitioners have submitted copies of notice No.G1 lOOl/2024, dated 19.11.2024, order in W.P.No.18404 of 2022, Proceeding of Executive Ofhce Gram Panchayath Khanapur, dated

28.O1.1985 and house Tax Payments receipts up to 2025 to respondent No.2. In fact, petitioners have to submit permission obtained by them from the then Gram Panchayath. Bven now, they have not hled the permission obtained by them from the then Gram Panchayat, Khanapur. They have f,rled only renewal proceedings. KL,J W.P.No.1O0 of 2025 7

8. Though the petitioners are contending that they have obtained permission from the then Gram Panchayat, Khanapur, they have not submitted the same to respondent No.2 along with their reply, dated

25.11.2024 and they have not filed. copy of the same before this Court.

9. As discussed supra, respondent No.2 - Municipality did not specifically mention that the petitioners have made construction by encroaching into 90 Sq. yards in the notice, dated 19.11.2024. Now, in the hnal order, dated 16.12.2024, respondent No.2 - Municipality directed the petitioners to remove the un-authorized construction made by the petitioners encroaching 90 Sq. yards i.e., Nirmal to Khanapur Police Station. There is also reference to the report submitted by AD, Survey and Land Records, Nirmal district.

10. It is the specific case of the petitioners herein that the said report was behind back of the petitioners and KL,J W-P.No.100 of 2025 8 while conducting the alleged suryey, no opportunity was given to them.

11. In view of the aloresAid discussion, the entire action of respondent No.2 in issuing notice, dated 19.71.2024 and final order, dated 16.12.2024 is in violation of principles of natural justice, also the procedure laid down under the Telangana Municipalities Act, 2019 and also the principle laid down by.this Court in the aforesaid two (2) judgments. Therefore, both the notice, dated

19.11.2024 and hnal order, dated 16.12.2024 of respondent No.2 are liable to be set aside and accordingly set aside. L2. However, tiberty is granted to respondent No.2 to conduct survey afresh by putting the petitioners on notice and affording them an opportunity. Liberty is also granted to respondents to issue fresh notice to the petitioners specifically mentioning the details/ particulars of the un-authorized construction and / I \ To, KL,J W.P.No.1O0 of 2025 9 deviated portion, granting SCVCN (7) days time to the petitioners to submit explanation, thereafter take action, if any, against the petitioners herein. Respondent No.2 shall complete the aforesaid entire exercise within a period of four (4) weeks from the date of receipt of a copy ofthis order.

13. Accordingly, this Wirt Petition is disposed of. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition sha1l stand closed. //TRUE COPY// ASSI T SD/-A.V.S.PRASAD T REGISTRAR ECTION OFFICER 't. The Principal Secretary Municipal Administration and Urban Development _ Qepqlment The State of Telangana, Secretariat, Hyderabad, TG. 2. The Commissioner, The Khanapur t\/unicipality, kfranapur, Nirmal District. 3. One CC to SRI C. HARI PREETH, Advocate tOpUCl 4. One CC to SRI PUTTA KRISHNA REDDY, SC for Khanapur lVlunicipatity 5. Two CCs to GP FOR MUNICIPAL ADMINTSTRATTON & URBAN DEVELOPMENT, High Court for the State of Telangana. [OUT] Two CD Copies BN GJP b IoPUCI 6 HIGH COURT DATED:3/0112025 ORDER WP.No.100 ot 2025 I /'.., i5i i) Ti ^.9 e) ^.ot- :-)) ./ ,., .:f')ii o tL :,2 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0 I t I