The High Court · 2025

Sri.LinoaKishoreBabu,S/oSubbaiahLinga.Agedabout53vears.occ.Employee il;i.jl'',i ;i Fi;i o1, k;'"ri"" E"r",il'p,idtni N"asa', Bachupillv villase' Nizampet' Hyderabad ...PETITIONER AND 2 1 The State of Telangana, rep by its-Prl Secretary fr/u !1c]qat urir-"'6"ti"r"ffi ntoeirarimeint, Secretariat, Hyderabad The Nizamoet ltilunicipal Corporation, Re.p by its Commissioner' Nizampet' Bachupally Mandal, Medchal-ttilalkajgiri dist The Hvderabad Urban Development Authority, Rep by its Commissioner and Nf":iiffi dA;;"s\";; j-a'.EnthiComplex,Ameerpet'Hvderabad a Administration and ...RESPONDENTS Petltion under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleasedtoissueaWrit,Orderordirectionmoreparticularlyoneinthenatureof Mandamus,declaringtheactionoftheRespondentNo'2interferingintothe peaceful possession of petitioner in respect of the all that the flat No'Gl ' in GroundflooronHouseNo.6-121t1826-27]G|(PT|NNo.1266303969)ofKeeline HomesonPIotNo.1826and1827,admeasuring1085sft'alongwithundivided shareofland(includingcommonareaand'Carparking)37.8Sq.ydsoutof533.32 Sq.yds in Sy.Nos.'165,166,167,178 & 179 situated at Pragathi Nagar' Bachupally village,Bachupallymandal,NizampetMunicipalCorporation'Medchal-Malkajgiri dist, Telangana State with out issuing any notice and without following due process of law is wholely illegal, arbitrary and against the principles of natural lustice and also violative of Articles 14' 19' 21 and 300-A of Constitution of lndia ',-' and consequently tl is Hon'ble Court direct the Respondent No.2 not to interfere into peaceful posser;sion of the petitioner in respect of the all thal the flat No.G1, in Ground floor on Fcruse No.6-12111826-27|G1(PTIN No.126630:1969) of Keeline Homes on Plot No.'1826 and 1827, admeasuring 1085sft, along with undivided share of land(including common area and Car parking) 37.8 Sq.yc s out of 533.32 €;,166,167,178 & 179 situated at Pragathi Na,lar, Bachupally Sq.yds in Sy.Nos.l€ village, Bachupally rrandal, Nizampet Municipal Corporation, l\,4eCchal-Malkajgiri dist, Telangana St€te without following due process of law in the interest of justice. lA NO: 1 OF 2025 Petition under :Sbction 151 CPC praying that in the circumstances stated in the affidavit filed in s;upport of the petition, the High Court may be pleased to direct the Respond:nt No.2 not to interfere into peaceful possession of the petitioner i.e. all tha the flat No.G l. in Ground floor on House No.6- 12jl 1826- 27lG 1 (Pl'lN No. 1 26ti 303969) of Keeline Homes on Ptot No. 1 t 26 and 1827 , admeasuring 10B5sf :, along with undivided share of land(includinl common area and Car parking) 37.3 Sq.yds out of 533.32 Sq.yds in Sy.Nos,1r;S,166,167,178 and 179 situated at Pragathi Nagar, Bachupally village, Bach rpally mandal, Nizampet Municipa Corporation, Medchal-lvlalkajgiri dist, Te angana State without following due process of law pending disposal of the Wri petition in the interest of justice. Counsel for the Peti:ioner : SRI V.S.R.M.V.PRASAD SANAKA Counsel forthe Rescondent No.1 : GP FOR MCPL ADMN URBAN DEV counser for the Rescondents No.2 ' 35,I&tlfrfifli#LflTEDD.r, Counsel for the Respondents No.3 : SMT.D.MADHAVI, SC FOR H|VIDA The Court made the following: ORDER I I HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.3,076 oF 2025 ORAL ORDER: HeardMr.V.S.R'M'V'PrasadSanaka'learnedcounselfor the petitioner, learned Government Pleader for Municipal AdministrationandUrbanDevelopmentforrespondentNo.l, Mr.Putta Krishna Reddy, learned Standing Counsel for respondent No-2 and Smt'D'Madhavi' learned Standing Counsel for resPondent No 3'

2. The petitioner herein is claiming that he is the absolute owner and possessor of Flat No'Gf in Ground Floor in House bearing No.6-121l L826-27 lGl (PIIN No'1266303969)' Keeline Homes, Plot Nos'1826 and 7827' admeasuring 1085 square feet in Sy.Nos'165, 166' 167' 178 and 179 situated at Pragathi Nagar, Bachupally Village' within respondent No'2- Municipality, on the strength of the registered sale deed bearing Document No.14670 of 2023' dated O1'06'2023'The petitioner is contending that his vendors' vendor obtained permission from the then Gram Panchayat' Nizampet' He has application dated 06'01'2O16 j1la also submitted a_n l i i l t. 2 responden: No.3 with a request to regularise the subject property .rnd the said application 1S pendirrg. In the meanwhile, respondent No.2 is trying to rlisp,ossess the petitioner lrom the subject property withcrut following the due procedure zrid down under the law

3. Wher:as, Mr.Putta Krishna Reddy, learne,l Standing Counsel fo.- respondent No.2, on instructions, would submit that the lretitioner is doing commercial activit ies in the residential p,1ot and respondent No.2 will take act,on against the petitioner, strictiy in accordance with the Telangana Municipalit r:s Act, 2019.

4. In the ight of the said submissions, this Writ petition is disposed of clirecting respondent No.3 to consider ard dispose of the application dated 06.OI.2016 submitre,l by the petitioner s:eking regularisation of the subject p roperty. If respondent t\1o,3 is not inclined to accept the requer;t made by the petitior: rrr, he shall assign reasons, pass order and communicate, the copy of the said order to the petrtioner. He shall compk:t.e the said exercise within four (04) weeks from the date of receipt of a copy of this order. Respondent No.2 is J -:' I directed not to dispossess the petitioner from the subject property without following the procedure laid down under law. If there is any violation including the allegation that the petitioner is doing commercial activity in the residential flat' liberty is granted to the respondents to take action' in accordance with the procedure laid down under the Telangana Municipalities Act, 2019' In the circumstances of the case, there shall be no order as to costs' As a sequel thereto, miscellaneous petitions' if any' pending in the Writ Petition shall stand closed' I To, //TRUE COPY// SD/-S. MALLIKARJUNA RAO S ISTANT REGISTRAR SECTION OFFICER 't. The Prl. Secretary Municipal Administration and Urban Development ffi;tiffii'5iii6 6t i"id"gana, secretariat' Hvderabad

2. The Commissioner, Nizampel Municipal Corporation' Nizampet' Bachupally Mandal, Medchal-Malkajgiri dist

3. The Commissioner and fvlanaging Director' Hyderabad Urban Development " Ailirr#iy; S*-jil, 4. One CC to SRI V.S.R'M'V'PRASAD SANAKA' Advocate' [OPUC] 5.TwoCCstoGPFoRMCPLADMNURBANDEV,HighcourtfortheStateof t' i ifii: ldx, A m ee rp e[' H vd e ra bad "l'av, " Telangana. [OUTI

6. ONE CC tO SRI KRISHNA REDDY PUTTA' SC FOR IVIUNICIPALITY/MC' loPUCl

7. One CC to SMT.D.MADHAVI, SC FOR HMDA' [OPUC] 8. Two CD CoPies' BSK GJP , HIGH COURT DATED:04102i2025 ORDER WP.No.3076 of 2025 l r-.i i,.i ,c G (( o o I ',-) 22 ArR zffi n -4-t C DISPOSING OF THE WRIT PETITION WITHOUT CCISTS ,// 1a )a/+ ,// /