M/s Sri Vinayaka R Sreedhar v. Sri Devasani Vikram

...RESPONDENTS . Petition under A(icle 226 of the Constltution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or direction or writ in the nature of Mandamus duty declaring the impugned intimation vide Lr No. 366't/TP/DUND lC-S9tcHMCl2O26, daLed 24.O1.2026 asking the petitioners to stop the construction in the respective plots of the petitioners in Survey Number 17O13, at Mallampet Village, tvledchal Malkajgiri District, as illegal, arbitrary and against the principles of natural justice and consequently set aside the impugned lntimation in the interest of justice. lA NO: 1 OF 2026 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 impugned intimation vide Lr No. 3661/TP/ DUND/C-S9/GHMC12O26, dated 24.01 .2026 asking the petitioners to stop the constr,t,; on in lhe respective plots of the petitioners in Survey Number 1lOt3, at Mallarr ret Village. Medchal Malkajgiri District, and direct the 2nd respondent not to ir t rrfere with the work undertaken as per the sanction plan, in the interest ofjustice Counsel for the petitioners: SRI p.RAMA SHARANA SHAR! iA !91nq9l_t91 tne Respondenr No.1: SRt RAJITHA, cp FoR I tCpL ADMN & URBAN DEV Counsel for the Respondent No.2: SRI KRISHNA REDDY F I TTA, SC FOR MUNICIPALITY The Court made the following: ORDER :,re i IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.3496 of 2026 DATED: 09.02.2026 Betqreen M/s. Sri Vinayaka Realtors & Developers Rcp. by its proprietor, Gummadi Sreedhar, and another AND The State of Telangana, Rep bf its Principal Secretary, (Municipal Administration), Secretariat, Hyderabad and another ORDER ...Petitioners ... Respondents This writ petition is filed seeking the follon'ing prayer "...to pass an order or direction or writ tn the nature of Mandamus dulg declaing the impugned intimation uide Lr. No. 366 1 / TP/ DUN D/ C-59/ GH MC /2026, dated 24.01.2026 asking the petitioners to stop the construction in the respectiue plots of the petitioners in Surueg Number 1 70/ 3, at Mallampet ViLlage, Medchal Malkahgii District, as illegal, arbitrary and against the pinciples of natural justice and consequentlA set aside the impugned intimation in the interest of justice and to pass..." 2 --

#2. Heard Sri p. Rama Sharana Sharma, lea r : ed counsel for the petitioncrs, Sri Ra.litha, learned Assisle nt Governmenr Pleader lor \,l.AUD appearing on behalf of thc .cspondent No.l and Sri Krislrna Reddy putta, learned Stan 1 ng Counsel ior Municipnlitir:s appearing on behalf of the respr r rlent No.2. With their consent, tl'ris writ petition is taken up for,l -.posal.

#3. The facts of the case in brief are that thr: p etitioncrs claims to be orrners and possessors of their respectivr: prlots situated in Survey No. i 70l3. Street No.l 1, Mallampet v iJlage, Nledchal_ Malkajgiri Distr.ict. It is submitted that the I., 1 <:titioner owns a plot admeasuring 1O0.32 Square Meters (119 ! €i Square yarcls) and obtained title under a registered Agreen ., nt of Sale_cum _ Gdneral Pou.cr of Attorney r.r,ith possession t r erring Document No.644 12O24 dated 06.0i.2024. The 2,a petiti ner orvns a plot admeasuring l S0 Square yards (125.4 Squar.r N{eters) acquired urrder a registereri Sale Deed bearing Documr:n No.26g26/2025 dirted 05. 1O.2023. Based on their respective tirl : documr:nts, the petitioners obtained varid building permissions 'or construction of Stilt plus tivo upper floors under the TG_61, \SS system, vide Permit No.473163/DUNDI/0042/2025 di.r :d 20 Ol.2O2S granted in lanbur of the 1"r petitiolL, I. and permit 3 No.4943O9/DUNDI/0239/2025 dated 24.03.2025 granted in favour of the 2"d petitioner. It is further submitted that both petitioners commenced construction strictlf in accordance with the sanctioned plans, and in respect of the 1"t petitioner, a commencement letter was issued on 19.O2.2025 alter pa)'mcrlt of revised lees. Though the permission granted to the 2n(r petitioner was earlier revoked, the same was set aside by this Court in W.P. No.16756 of. 2025 by order dated 19'06'2025' restoring the building permission. Despite the subsistence of valid permissions, the 2nd respondent illegally interfered rvith and stopped the construction without follorving due process of lau,, compelling the petitioners to file W.P. Nos.40355 of 2025 and 40282 of 2025, rvhich are pending. While the matters ivere pending, the petitioners submitted written explanations and participated in the personal hearing on 24.01 '2026' lt is further submitted that without considering the explanations or assigning any reasons, the 2"a respondent issued the impugned joint proceedings directing stoppage of construction, purportedly on the ground of a proposed land survey relating to the FTL level of a distant water tank. The impugned action is arbitrary and without authority under the Telangana Municipalities Act, 20 19, 4 as there is no deviation from the sanctioned pl I rs. euestioning the samc, the present s,rit petition is filed.

#4. Learned counsel appearing on behalf o. r_he petitioners submits that thev have no objection for condu<.ri r 3 of any surve_\, and submits that thr: respondents-the Commi:,r itner, Dundigal Municipality. \,ledchal. Malkajgiri District, gr.i r ted permission under Section 174(2) ol the Telangana Municr:r rlities Act, 2019 to petitiorrer No I on 20.O1.2025. He u,ould fur t r:r submit that subsequent to thc permission, the petitioners l, r,e accurnulatecl material and tl-rat the construction is under.r.,r.7, and that by issuance of thc. intimation letters, the r,r,orks l r r.e been kept in abeyar-r ce.

#5. On perusai of the intimation letter dat,: L 24.01.,2O26, tL appears that there are allegations of large_s-.ile irregularities relating to cxcess land extent, land ciass fication, Iayout approval, a,d possible encroachment of Gor.e r rment land and the lake Full Tank Level (FTl)/buffer zone in he land covered under Sy. No. 170/3 of Mallampet Village, rr lch requires an enquiry. For that purpose, respondent No.2 has issued the intimation directing stoppage of work. Howeve: lhe respondents had earlier granted permission after veri11 ng the ground lit : 5 position, and the petitioner commenced construction thereafter. However, after one year, the present intimation has been issued. The said intimation does not specify the reasons for stopping tl-re u'ork, except stating that an enquiry l-ras to be conducted

#6. Alter arguing at length, the learned Standing Counsel appearing on behalf of the respondents submits that, if the petitioner undertakes not to proceed rvith construction in respect ol the areas covered by the allegations mentioned in the intimation lettcr dated 24.O1.2026, thc respondents rn'ould have no objection to proceed the construc[ion. However, rl upon survey any portion of the land is found to fail within the categories mentioned in the intimation letter, the respondents would take immediate action, for u,hich the petitioner shall cooperate and that the petitioner shall not claim any right over such portion ol land that is found to be beyond the permissible levels or falling u,ithin the existing Government lands, as alieged in the intimation letter dated 24.O1.2026. 7 . In vieu, of the submissions made by the learned Standing Counsel appearing on behalf of the respondents, the petitioners shall file an undertaking before the competent authority stating that they will not proceed with construction in respect of the 6 portions of land covered by the objections/ alleq I .ions mentioned in the intimation letter dated 24.OI.2026. ::bject to such undertaking, the respondenls may conside- the pr:titioner eligibilitl' to corstruct the remairing extent. It r s f urther ,lirected Lhat thc respondents shall conduct a survey r rd enquiry with due notice to the petitioner and the same shzLlL l-re completed in the presence ol thc petitioner lt1, verifying thr 6,round position and correlati.g it with trre petitioner's title dc( rments and the permission granted. If, upon such survey, ar,, portior-r of the Iand is lound lalling n,ithin tl-re categories r entioneci in the intimation lettcr dated 24.O1.2026, includingl ( r()vernm-nt land or land fallir-rg beyond permissible levels, the r: ;condenis are at liberty to takc action in accorclance with lau,, : rd the petitioner shall cooperate u'ith such action and shall not r l:lim an1 right or equities over sucl'r portion of land. 8 Wjth thc above directions, this writ petiti, n is dislrosed of There shall be no order as to costs Miscellaneous applications, if any penr i-rg, shall stand closed. To, { d/.P.PONNA KRISHNA /'-\l,t STSTANT REGTSTRAR //TRUE COPY// (', \r i sEcIoN oFFtcER 1 2 The Principal Secretary (Municipat AdministratiolS,: retariate, Hyderabad The Commissioner, Dundigal Municipality, Medchal, I\ alkahgiri District. -s 3 4 6 PMK PMK One CC to SRI P.RAMA SHARANA SHARMA, Advocate [OpUC] One CC to SRI KRISHNA REDDY PUTTA. SC FOR MUNCtpALtTy [OpUC] Two CCs to Gp FoR [,4cpl ADMN & URBAN DEV,High court for the state of Telangana. [OUT] Two CD Copies HIGH COURT DATED:0910212026 o U t o [5 14 u \t! i025 ; ( \ ORDER WP.No.3496 of 2026 { ) DISPOSING OF THE WRIT PETITION WITHOUT COSTS q 1') 5 ) ..i i.