The High Court · 2025
Case Details
Acts & Sections
2. The District Collector, Narayanpet, Narayanpet District 3. The Municipal Commissioner, Narayanpet Municipality Telangana. 4. The Town Planning Officer, Narayanpet Municipality Telangana. 5. Mandal Revenue Officer, Narayanpet, Narayanpet District 6. [,^B?.9!uy"nder, S/o. Sri Narsappa Age Major, Occ Business Fi/o. H.No.S_ 218611 Pallabujurg, Narayanpet ' ..,RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High'c;urt ,rv '0. pleased to issue a writ, order or direction more particurarry orie in tne natuie or writ of MANDAMUS decraring the action of the ne"ponoent in- pr."i"g th. impugned order vide Lr.Roc.No.103 dated 01to6r2022 without ";nfi;;i"; ih" petitioner's representation dared 31t12t2021 and 2glo3t2o22 i" *.p""i oi it" petitioners property to an. extent of 22o.oo sq yds situated in plot No.57 of Sy.No.2/A/AA, 3/AA, B1/A/AA, BZIA1AA, B3/A/AA, B4|NAA and B5/A/AA, Pallabujing, Narayanpet Mandal and District without following dr" ;;u;;;;i;* as illegal, arbitrary, unconstitutionar and consequenfly set isioe irre dated 0110612022. o.J", '3;d ""io 1A NO: 1 OF 2O2s Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in srpport of the petition, the High court may be pleased to suspend the operatior of the order vide Lr.Roc.No.103 dated:0l/06/2022 issued by ihe Respondent No 3 in respect of the petitioner property in respect of the petitioner,s property to an extent ol 220.00 Sq Yds situated in Plot No.57 of by.No.2/A/AA, 3/AA, 81/A/AA, 82tAtAA, B3/A/AA' 84/A/AA and 85/A/AA, eallabulurg, Narayanpet Mandal and District pending disposal of this writ petition. Counsel for the Petitioner: SRI S.M. SAIFULLAH Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for the Respondent No.2 & 5: ASST. GP FOR REVENUE Counsel for the Respondent No.3 & 4: SRI PUTTA KRISHNA REODY The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.1296 of 20.25, ORDER: Heard learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration ald Urban Development appearing for respondent No.l, learned Assistant Government pleader for Revenue appearing for respondent Nos.2 and 5 and Sri Putta Krishna Reddy, learned Standing Counsel appearing for respondent Nos.3 and 4. Perused the record.
2. In view of the nature of relief sought by the petitioner, this Writ Petition is disposed of at the admission stage dispensing with notice to respondent No.6. 3 Petitioner herein has obtained building permit order, dated 04.12.2018 for construction of residential house consisting of ground+Oupper floors. As per the said building permit order, petitioner has to commence the construction on or before 04.016.2020 and complete the by O4.L2.2024. According to respondent No.3, KL.. \\'. P.No. I 296 o1'2025 2 \.i petitioner failed to complete the construction within the said timelin,:. However, respondent No-3 has received complaint from various people including respondent No.6 stating that though the petitioner obtained permission for construction of residential house, he is constructing masque and after considering the same, respondent No.3 issued proceedings, dated O5.OL.2O22 stating that the building perrnit order obtained by the petitioner expired. Challenging the same, petitioner hled a writ petition vide W.P.No.6946 of 2022 and challenging the action of respondent Nos.2, 3 arld 5 in not taking any action against the petitioner, respondent No.6 filed a writ petition vide W.P.No.2923 of 2022. Vide common order' dated O2.O3.2O22, this Court disposed of the said writ petitions directing respondent No.3 herein to consider the representation of the petitioner in W.P.No.2923 of 2022 as well as representation of the petitioner in W.P.No.6946 of 2022 for extension of time vide letter dated 31. l2.2O2l ar,d pass a speaking order in accordance with law. KL,J W.P-No. 1296 of 2025 J
4. According to the learned counsel for respondent No.3, in compliance with the said common order, respondent No.3 has passed order, dated 01.06.2022 rejecting the request made by the petitioner for extension of time observing that it does not make sense to set aside the letter of invalidity of permission of construction of masque. Challenging the said order, petitioner hled the present writ petition.
5. However, considering the fact that the petitioner herein failed to complete the construction on or before 04.12.2024, petitioner is at liberty to submit fresh representation to.respondent No.3 to extend the time as per the building permit order, dated 04.L2.2018 or grant fresh without referring to the order, dated O1.O6.2022.
6. In the light of the said submissions, this Writ petition t is disposed of granting liberty to the petitioner to submit fresh representation to respondent No.3 with a request to extend the time to complete the construction pursuant to the building permit order, dated 04.12.2018 or grant fresh ----r-_,-\_ -ri*_-.--- \\ . P.No. I 196 of 202 ---) \F=! 4 permission. 'Cn frling such application, respondent No'3 shall consider the sarne and pass appropriate orders strictly in ac,cordance with law by putting the petitioner, respondent No.6 and other complainant(s) on notice and affording them an opportunity of hearing. Petitioner shall submit the said application within three (3) weeks from the date of receipt of copy of this order and respondent No.3 shall consider the same within a period of four (4) weeks thereafter. Ti1l then, petitioner sha-ll not proceed with the construction over the subject property, failing which, liberty is granted to respondent Nos.3 and 4 to take action against the petitioner'. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPY// SD/- L. LAKSHMI BABU REGISTRAR A ON OFFICER \ To,
1. The Principal Secretary, Municipal Administration and Urban Development Department The State;f Telanlana, Secretariat, Telangana, Hyderabad.
2. Thd District Collector, Narayanpet, Narayanpet District 3. The Municipal Commissionilr, Narayanpet Municipality Telangana. 4. The Town Planning Officer, Narayanpet Municipality Telangana. 5. Mandal Revenue Officer, Narayanpet, Narayanpet District 6. One CC to SRI S.M. SAIFULLAH, Advocate TOPUCI 7. One CC to SRI PUTTA KRISHNA REDDY, Advocate [OPUC] 8. Two CCs to GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT, High Court for the State of Telangana. [OU-T]
9. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. touTI
10.Two CD Copies BNM. HIGH COURT DATED:1010112025 CC TODAY ORDER WP.No.1296 of 2025 iiE i f4 rc oP. (- J o ) 2 4 lAil 2025 i I i\ i--.1, .-|. -{' DISPOSING OF THE WRIT PETITION WITHOUT COSTS .. \\ v