High Court · 2025

Petition under Article 226 of lhe Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a Writ or Order or Direction more particularly one in the nature of the Writ of Mandamus-to declare the action of 6th respondent in not acting upon the orders passed in pursuant to the Memo No. 4012lPl g .llll2o24 daled 12.12.2024 of the 1St respondent for removal of illegal, unauthorized construction made by Respondents No. 7 to 13 over the land of the petitioner in Sy. No. 956 situated at Miryalaguda Village and Mandal, Nalgonda District is illegal arbitrary and unconstitutional and contrary to the Telangana Municipality Act, 2019 and consequently direct the 'l St to 6th respondents to remove the illegal and unauthorized constructions made by the respondents No. 7 to 13 in pursuant to the Memo No. 4012lP'lg.llll2124 dated 12.12.2024 of the 1st respondent over the land of the petitioner in Sy. No. 956 situated at [vliryalaguda Village and Mandal, Nalgonda 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 direct the 6th respondent to act upon the orders passed in pursuant to the Memo No. 4012lPlg.llll2\24 dated 12.12.2024 of the 1st respondent for removal of illegal, unauthorized construction made by Respondents No. 7 to 13 over the land of the petitioner in Sy. No. 956 situated at Miryalaguda Village and Mandal, Nalgonda District forthwith pending disposal of the writ petition Counsel for the Petitioner: SRl. J VENKATESWARA REDDY Counsel for the Respondent No.1,2&4: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent Nos.3&5: GP FOR REVENUE Counsel for the Respondent No.6: SRI PUTTA KRISHNA REDDY SC FOR MC Counsel for the Respondent Nos.7 to 13: -- The Court made the following: ORDER l l HON'BLE SRI JUSTICE K. LAKSHMAN IIIRIT PETITION No.2464 of 2o25 ORDER: Heard learned counsel appearing for the petitioner and Sri Putta Ikishna Reddy, learned Standing Counsel appearing for respondent No.6. 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 Nos.7 to 13.

3. Petitioner herein is claiming that he is the absolute owner and possessor of Ac.1-00 gts of land in Sy.No.956, situated at Miryalguda village and maldal, Nalgonda district, on the strength of a registered sale deed bearing document No.543 of 2OI5, dated

24.01.2015. He has also hled a suit vide O.S.No.32 of 2O15 against respondent Nos.7 to 13 for declaration of title and perpetual injunction. There is interim injunction ) a KL,J W.P.No.2464 of 2025 2 in the said suit. Even then, respondent Nos.7 to 13 made construction without obtaining prior permission from respondent No.6. Therefore, on the complaint lodged by the petitioner, respondent No.6 has passed a speaking order dated 25.10.2023 directing respondent Nos.7 to 13 to remove the said un-authorized construction. Fifteen (15) days time was granted to them. Without removing the said un-authorized construction, they have preferred an appeal in terms of Section 252(2) of the Telangana Municipalities Act, 2019 before the Regional Director - Appellate Commissioner of Municipa,l Administration, who in turn, vide order dated 06.03.2024 dismissed the said appeal (it IS wrongly stated as 'disposed of). Challenging the said order, respondent Nos.7 to 13 filed a review in terms of Section 251(1) of the Telangana Municipalities Act, 2019. Yide order dated I2.I2.2O24 review authority also dismissed the said revlew. Thereafter, respondent No.6 is not taking any action against respondent Nos.7 to 13. Aggrieved by the KL,J W.P.No.2464 of 2025 3 said inaction of respondent No.6, petitioner filed the present writ petition.

4. Whereas, Sri Putta I&ishna Reddy, learned Standing Counsel appearing for respondent No.6, on instructions, would submit that a-fter dismissal of the review on

12.12.2024, respondent No.6 has already issued notice, dated 24.01.2025 to respondent Nos.7 to 13 with a direction to remove the said un-authorized construction. Seven (7) days time was granted to them, which is going to be expired on 31.O1.2025. Thereafter, respondent No.6 will take action against respondent Nos.7 to 13, strictly in accordance with the procedure laid down the Telangana Municipalities Act, 2Ol9 by putting the petitioner and \ respondent Nos.7 to 13 on notice and affording them an opportunity. He has also produced written instructions of respondent No.6 to the said effect. The same are placed t I on record. .t KL,J W-P.No.2464 of 2025 4

5. In the light of the aforesaid discussion, this Writ Petition is disposed of directing respondent No'6 to take further action against respondent Nos.7 to 13 pursuant to notice dated 24.01.2025 considering the afore-stated facts, strictly in accordance with the procedure laid down under the Telangana Municipalities Act, 2Ol9 by putting the petitioner and respondent Nos.7 to 13 on notice and affording them an opportunity. He shall complete the said exercise within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Asa sequel, the miscellarteous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPY// SD/.K.AMMAJI ASSIS ANT REGISTRAR /- CTION OFFICER To,

1. The Principal Secretary, Municipal Administration and Urban Development, BR Ambedkar Secretariat, Hyderabad.

2. The Director Of Municipal Administration and Urban Development, A.C' Guards. Hyderabad.

3. The District Collector, Nalgonda District, Nalgonda 4. The Regional Director-cum-Appellate Commissioner Of Municipal Administration, A.C. Guards, Hyderabad. Y a,- ,,-t. I a \

5. The Revenue Divisional Officer Sub-Collector, Miryalaguda Division, Miryalaguda, Nalgonda District.

6. The Commissioner, Miryalaguda Municipality, Nalgonda District. 7. One CCto SRl. J VENKATESWARA REDDYAdvocate [OPUC] 8. One CC to SRI PUTTA KRISHNA REDDY SC FOR MC [OPUC] 9. Two CCs to GP FOR MCPL ADMN URBAN DEV ,High Court for the State of Telangana. [OUTJ 1O.Two CCs to GP for Revenue, High Court for the State of Telangang at Hyderabad. [OUT]

11.Two CD Copies KKS LS o 7 t, I I _,:-:::----\ __--_- Ilig, o i."; A-' ,' ,:. .-) Zfr i:riJ iull ,/i. eF,q:-,,Tr-,'.{ 9t\ j. .t.' + HIGH COURT DATED:2910112025 ORDER WP.No.2464 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS