Heard learned counsel for v. Narasimha Goud, leamed Stancling

Petrtion under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass and appropriate Writ, Order or- direction more particularly in the nature of a writ of [vlandamus restraining the Respondents from interfearing with or, interdicting the ongoing construction work over the premises bearing Municipal No.6-1-336 and H.No.6-1-336 on Plot No. s 336 and 337 situated in Survey No.s 22 (Part),23,24,25 and 26 of Neknampur Village, Golconda Mandal, Ranga Reddy District, totally admeasuring 482.74, Square Metres strictly in accordance with the House Building permission granted by the 2nd Respondent HMDA vide HMDA proceedings vide Lr. No. 002497/BP/HMDA/051715KP12024 dated 2110912024 save and except in accordance with the law I 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 pass an order permitting the petitioners to commence and continue the ongoing construction work over the premises bearing Municipal No.6-1-336 and H.No.6-1- 336 on Plot Nos.336 and 337, situated in Survey Nos. 22 (Part)' 23, 24,25 and 26 of Neknampur Village, Golconda IVandal, Ranga Reddy district, totally admeasuring 482.74 Square Meters strictly in accordance with the House Building Permission granted by the 2nd respondent HIVIDA vide HMDA Proceedings vide Lr. No.002497/BP/HI\4DA/0517/SKP12024, ciated 2110912024 pending disposal of the above Writ Petition Counsel for the Petitioner: SRl. RAKESH SANGHI Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI V. NARASIMHA GOUD, SC FOR HMDA Counsel for the Respondent No.3: SRI LAXMAIAH KANCHANI,SC Counsel for the Respondent No.4: AGP FOR REVENUE Counsel for the Respondent No.5:-- The Court made the following: ORDER THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.3186 of 2025 ORDER: Heard learned counsel for petitioners, Sri V. Narasimha Goud, leamed Stancling Counsel for Hyderabad Metropolitan Development Authority appearing for 2"d respondent, Sri Laxmaiah Kanchani, learned Standing Counsel appearing for 3'd respondent, and learned Assistant Covernment Pleader for Revenue appearing for 4'h responclent.

2. Petitioners are claiming that 1" petitioner is the absolute owner and possessor of houses bearing No.6-1-336 on plot No.336 and 6-1-337 on plot No.337, admeasuring 482.14 Sq.Mtrs, 1n Survey Nos.22 (parr), 23, 24, 25 and 26 of Neknampur Village, Gandipet Mandal, Ranga Reddy District. With an intention to demolish old l.rouses and construct new building, I't petitioner entered into development agreement with 2"d petitioner. Thereupon, they have submitted application dated 06.03.2024 to 2"d respondent seeking pennission for construction of Stilt + 5 Upper Floors, under i I 2 KL, J W P.No.3186 of 2025 TS-bPASS Act,2020, along with relevant documents by way of self-declaration and self-certification, and 2nd respondent issued buiicling permit order dated 21.09.2024. Therefore, they are proceeding with the construction strictly in accordance with thc said building permit order. While the matter stood thus, 3"1 and 5th respondents are interf'ering with the construction being carried out by petitioners without following due procedure laid down under law. It is the specific allegation of petitioners that 5tl' respondent is threatening petitionels to stop the construction. Therefore, challenging the said action of I 3'd and 5tl' rcspondents, petitioners filed the present Writ Petition. -) Learned Standing Counsel appearing for 3'd respondent, on instructions. would submit that 3'd respondent has received complairrt dated 09.12.2024 from Sri B. Padma Rao, Councilor. Ward No.7, Manikonda Municipality, stating that petitioners obtained building permit order with regard to construction of Stilt + 5 Upper Floors on park open space. Thereafter, 3"r respondent has inspected the site and noticed 3 KL, J W.i'.No.3l A6 of 2025 from the available layouts of the then Gram Panchayat of Neklampur Village that scheduled area is earmarked for Public Park/Septic Tank on which 2''d respondent has issued building permit order dated 21.09.2024 in favoulof petitioners. Therefore, 3'd respondent has addressed a letter dated 2l .12.2024, to 2nd respondent bringing the afbresaid tact to his notice for taking necessary action in the matter,'and report is awaited. The said written instructions along with I I letter dated 21 .12.2024 and the layout copy issued by the then Gram Panchayat are placed on record.

4. In the light of the above, this Writ Petition is disposed of directing 3'd respondent not to intclfere with the construction being carried out by petitioners pursuant to building permit order dated 21.09.2024 without following due procedure laid down under law. However, petitioners shall proceed with the construction strictly in accordance rvith the building perrnit order, failing which, Iiberty is granted to 3'd respondcnt to take necessary action against petitioners in accordance with the procedure laid down under the Telangana Municipalities Act, t 'I i 4 !(1, J u'.P.No.3186 of2025

2019. Liberly is also granted to 3'd respondent to take action against petitioners on receipt of report from 2'd respondent in accordance u,ith the procedure laid down under the Telangana Municipalilies Act, 2019. There shall be no order as to costs. Miscellancous applications, if any pending, shall stand closed. //TRUE COPY// SD/-V.KAVITHA ASSISTANT REGISTRAR a SECTION \-it ...- OFFICER l.ThePrincipleSecretary,lr,4.AandU.DDepartment,stateSecretariat'TS'' z. it J - "cti, Hvderabad. t ssioner, Hyderabad lvlekopolitan-Development' Authority rt,r"lroporitin .swarna iayanthi Complex, S R Nagar Road' Ameerpet' Hvderabad. 3. i# 6;;issioner, Manikonda Municipality, Golconda lt/andal' District' i. iii" irr''rtiicri, oorionoa naindal, Narsingi .!'.]]1o-u..ry'nsq Reddv District' 5. i;; ct;i;-Gi Foi n,tur'tictpAl ADMI-NlsrRArloN AND URBAN - 6 i;; E-ci to cp FO{ REVENUE High court for the state of Telangana, at z. oire-c-C t" 'snt iurrsu SANGHI, Advocate-[oPUc]- . -^-..^, B. 5;; cc i" sai v tlnnnstunn GouD, sc FoR HMDA [oPUC] 9. o;; CC to SRI LAXIVAIAH KANCHANI, SC [OPUC] 10. Two CD CoPies DEViLOdMrNrr ,Hign c-ourt ror tr,e stale of Telangana, at Hyderabad [ouT] Hvderabad [OUT] BIU GJP / I To, i I HIGH COUR-T DATED:0510212025 a, 1E144. s ., a a <^

1.a. C) lr .: i ,, \. ,l Y .1.. ORDER WP.No.3186 of 2025 \ \- ?J Hc DISPOSING OF THE WRIT PETITION WITHOUT COSTS l? 1.4 30/e /15