High Court · 2025

Business, Rl/o Door No.10-68/4/1, Nadergul Village, Badangpet Village, Saroor Nagar Mandal, Ranga Reddy District, Hyderabad. Petition under Article 226 ot the Constitution of lndia orrr.Sl':tir?-iJ}[: 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 action of the respondents more particularly respondent No.2 in interfering into the petitioners property i.e., Plot bearing Nos. 39 to 49 i.e., total extent'1814 Sq.Yards vide Sale Deed No. 7430 of 2012 dated31l12l2o12 and Plot bearing Nos. 50 to 53 i.e., total extent 748 Sq.Yards vide Sale Deed No. 7431 of 2012 dated 3111212012 and Plot bearing Nos. 54 to 61 i.e., total extent 1080 Sq.Yards vide Sale Deed No. 7 432 ot 2O12, in the name of Hearing Mtice vide Lr.No.G1l236218MC12024 dated 0611112O24 by taking law into their hands and without following the due procedure contemplated under law, situated at Badangpet Village, Balapur Mandal (the then Saroornagar Mandal), Under Badangpet Municipal Corporation (the then Badangpet Grampanchayath), Ranga Reddy District, as illegal, arbitrary and in violation of Articles 14,21 and 300-4 of Constitution of lndia and in violation of principles of natural justice and consequently to direct the respondents 7 more particularly respondent no.2 not to interfere with the peaceful possession and enjoyment over petitioners property in respect of their plots i.e., plot bearing Nos. 3g to 49 i.e., total extent 18'14 Sq.Yards vide Sale Deed No. 7 430 of 2012 dated 3111212012 and Plot bearing Nos. 50 to 53 i.e., total extent 748 sq.yards vide sale Deed No. 7431 ot 2012 dated 3111212012 and Plot bearing Nos. 54 to 61 i.e., total extent 1080 Sq.Yards vide Sale Deed No. 7 432 of 2012, situated at Badangpet Village, Balapur Mandal (the then Saroornagar Mandal), Under Badangpet Municipal corpoiation (the then Badangpet Grampanchayath), Ranga Reddy District, by setting aside the Hearing Notice vide L.r. No. c1l2362lBMCl2024 dated O6t11t2O24 IA NO: 1 OF 2o2s 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 pleased to direct the respondents more particularly respondent no.2 not to interfere with the peaceful possession and enjoyment over petitioners property in respect of their plots i.e., PIot bearing Nos.39 to 49 i.e., total extent 1814 Sq.yards vide Sale Deed No. 7430 of 2012 daled 3111212012 and Plot bearing Nos. 50 to 53 i.e., totat extent 748 Sq.Yards vide Sale Deed No. 7431 of 2012 dared 31t1212o12 and plot bearing Nos. 54 to 61 i.e., total extent 1080 Sq.Yards vide sale Deed No. 7 432 o1'2012, situated at Badangpet Village, Balapur Mandal (the then Saroornagar Mandal), Under Badangpet Municipal Corporation (the then Badangpet Grampanchayath), Ranga Reddy District, by setting aside the Hearing Notice dated o6t1112o24, pending disposal of the above writ petition Counsel for the Petitioners: SRI E. VENKATA SIDDHARTHA, COUNSEL FOR Ms. KOWLUR ARCHANA Counsel for Respondent No. 1: SRI K. MAHESH, AGP FOR MUN]C]PALADMINISTRATION & URBAN DEVELOPMENT Counsel for Respondent No. 2: SRI M. KRISHNA, SC FOR BADANGPET MUNICIPAL CORPORATION Counsel for Respondent No. 3: --- The Court made the following: ORDER I "!:rr I t THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA WRIT PETITION No.1452 OF 2o25 Mr. E.Venkata siddhartha, learned counsel representinB Ms. K.Archana, lcarned counsel Ior the petitioners. Mr. K.Mahesh, learned Assistant Government Pleader for Municipal Administration & Urban Development appearing for the respondent No.1. Mr. M.tftishna, learned Standing Counsel for Bandangpct Municipal Corporation appearing for the respondent No.2. ORDER The petitioners have challenged a hearing notice dated O6.t1.2024 issued by the respondent No.2-Municipal Corporation, Bandangpet with reference to alleged illegal construction on certain survey numbers. The petitioners were called for hearing on

09. I 1.2024 thereafter.

2. Learned counsel appearing for the petitioners submits that the petitioners gave their representations to the authority to show that the petitioners have valid permission for construction on the said survey numbers.

3. The learned Standing Counsel appearing for the respr.indent No.2 submits that the petitioners could not produce valid documents including registered sale Deeds to show their ownersirip over the land and their right to make constructions over the land'

4. Considering thc submissions made on behalf of the parties' it is evident that the respondent No.2 must verify the documents to be produced by the petitioner which are in the possession of the (_...- _ ..-..-,---.- petitioners to ascertain whether the petitioners can claim ownership or any permission to make constructions over t1le survey numbers forming part of the impugned hearing notice. Since it is also the petitioners' case that no hearing was conducted by the respondents on 09.1 7.2024, W.P.No. 1452 of 2025 is disposed of by directing the .respondent No.2 to call the petitioners for a fresh hearing. The petitioners shall produce all reievant documents in their possession to contest the notice. The petitioners relied on the second paragraph of the impugned notice which records that a few permissions were granted to the pctitioners in respect of the survey numbers and constructions presently going on. It is made clear that pending the hearing, none of the parties shall proceed with construction or with disturbance to possession in the meantime until the respondents arrived at a final conclusion. The respondents shall conclude the hearing within 4 weeks from the date of hearing to be fixed as directed. The date of hearing shall be fixed before 3I.O1.2025. I I Interim orders, il any, shall stand vacated and all connected

6. applications are disposed of. There shall be no order as to costs. SD/.P. PAOMANABHA REDDY NT REGISTRAR AS //TRUE COPY// J I

1. The Principal Secretary, Municipal Administration and Urban Development, State of Telangana, Secretariat, Hyderabad.

2. The Corimissioner, Badangfet Municipal Corporation, Badangpet, Ranga Reddy District.

3. One CC to Ms. Kowlur Archana Advocate [OPUC] 4. Two CCs to GP For Municipal Administration & Urban Development, High Court for the State of Telangana. [OUT]

5. One CC to Sri M. Krishna, SC for Badangpet Municipal Corporation (OPUC) 6. Two CD Copies To, MBC BS 5 ,'. '.: --:l HIGH COURT DATED: 2110112025 k o U IHE sI4 24 JAil ros p 0c a n1-n11'J ;i ORDER WP.No.1452 ot 2025 DISPOSING OF WRIT PETITION WITHOUT COSTS @tn'8 W