Nelakurthi Laxmaiah v. The State of Telangana

Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an Order, Direction or Writ, more particularly a Writ of Mandamus declaring the action of the Respondent No.3 in issuing Final lntimation in File No. E-266166/GWMC/TPM53/CIR-1112024 Dt. 23.11.2024 thereby directing the petitioner to remove the deviations in respect of the house constructed in open plot admeasuting 272 Sq. Yds in Sy. No.S of Lashkar Singaram Revenue Village, Hanmakonda Mandal and District as illegal, improper, unjust, arbitrary, contrary to law and the Judgments of this Honble Court and consequently set aside the same and further direct the Respondent No.2 not to interfere with the petitioner's peaceful possession over the house I I h. property constructed in open plot admeasuring 272 Sq. Yds in Sy. No.5 of Lashkar Singaram Revenue Village, Hanmakonda Mandal and District. 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 suspend the operation of the Final lntimation in File No. E- 266166/GWMC/TPM53/C|R-|112024 Dl. 23.11.2024 issued by the Respondent No.3 by directing them not to interfere with the petitioners peaceful possession over the house property constructed in open plot admeasuring 272 Sq. Yds in Sy. No.5 of Lashkar Singaram Revenye Village Hanmakonda Mandal and District, pending disncsal of the above writ petition. Counsel for the Petitioner: SRI V.YADU KRISHNA SAINATH Counsel forthe Respondent No.1: cP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2 & 3: SRI PASHAM MOHITH, SC FOR GWMC The Court made the following: ORDER i I i HON?BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No. 1971 of 2025 ORDER: Heard learned counsel appearing for the petitioner and Sri Pasham Mohith, learned Standing counsel appearing for respondent Nos.2 and 3. Perused the record. In rziew of the nature of relief sought by the 2. petitioner, this Writ Petition is disposed of at the admission stage dispensing with notice to respondent No.4.

3. Petitioner herein is claiming that he is the absolute owner and possessor of open plot admeasuring 272 Sq. yards in Sy.No.S of Lashkar Singaram Revenue village, Hanmakonda Mandal and district, within respondent No.2 - Municipality. He has obtained building permit order, dated 04.O2.2023. He is proceeding with the construction, strictly in accordance with the said 1 KL,J W.P.No. 1971 of 2O2S 2 building permit order. According to the petitioner, there is no deviation. Even then, on the complaint lodged by respondent No.4, respondent No.3 has issued finar intimation, dated 23. Il.2024 stating that petitioner made construction in deviation to the said buitding permit order, dated O4.O2.2O23. The same was removed parfly and directed the petitioner to remove the barance deviated portion / un-authorLed construction. The said deviations are specificalry mentioned in the Taburar form. Fifteen (15) days time was granted to the petitioner to remove the same. Chalenging the said final intimation, petitioner filed the present writ petition.

4. Whereas, Sri pasham Mohith, learned Standing counsel appearing for respondent Nos.2 and 3 has produced written instructions, wherein it is stated that respondent Nos.2 to 3 have already removed part of the un-authorized construcnon / deviated portion. If ottrer deviated portion is removed. there is every possibility of affecting the pillars. It will lead to damage of entire r l KL,J W.P.No. 1971 of 2025 -) building. However, they will take action against the petitioner, in accordance with law. The said written instructions are placed on record.

5. Perusal of the final intimation, dated 23'11'2024 would reveal that respondent No.3 has passed the said final intimation order by issuing notice to the petitioner herein and also considering the reply, dated 2LO2'2O24 submitted by him. It is not the case of the petitioner that the said impugned final intimation order is in violation of principles of natural justice and also the procedure laid down under the Telangana Municipalities Act, 2019' Therefore, petitioner has to prefer an appeal in terms of Section 252 (2) of the Telangana Municipalities Act,2019 before the Regional Director and appellate authority concerned. Instead of preferring an appeal, he has filed the present writ petition. In view of the same, the present \ writ petition is liable to be dismissed. I ( KL,J W-P.No. 1971 of 2025 4

6. Accordingly, this Writ Petition is dismissed. However, liberty is granted to the petitioner to prefer an appeal in terms of Section 252 (21 of the Telangana Municipalities Act, 2019.

7. At this stage, learned counsel appearing for the petitioner sought ten (10) days protection. Considering the same, lor a period of ten (1O) days from today respondent Nos.2 and 3 are directed not to give effect to the impugr.red fina-l intimation, dated 23.11.2024. However, it is made clear that if .the petitioner fail to preler an appeal within the a-foresaid ten (1O) days time, respondent Nos.2 and 3 shall take action against the petitioner. ir-r accordance with law. There shall be no order as to costs. As a sequel, the miscellaleous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPY// SD/. T. TIRUMALA DEVI ASSISTANT REGISTRAR \ To,

1. The Commissioner, Greater Warangal District. SECTION OFFICER Municipal Corporation, Warangal 7 I l l \

3. 4. 5.

6. BSR BN The Deputy Commissioner, Greater Warangal Municipal Corporation, Kazipet Circle-ll, Warangal one ccto sRl V.YADU KRISHNA SAINATH, Advocate [oPUc] One CC to SRI PASHAM MOHITH, SC FOR GWMC [OPUC] i*o CCs-toOP FOR MCPL ADMN URBAN DEV, High Court for the State of Telangana at Hyderabad [OUTI Two CD Copies - @r/ HIGH COURT DATED: 2410112025 CC TODAY I I t\ iI -{ HE SIA 15: 6s Y 2? lAil 2$[ q j o o \ ,,, * Dr..",,.- .. ^a'? ORDER WP.No.1971 ot 2025 DISMISSING THE WRIT PETITION, WITHOUT COSTS