High Court · 2025

Mr. Kasi Reddy Maheshwa aoour+1.yeiil,o;;"#ii:[,E?Sly,r-?irr5:qu{L]Bl",i,ii?:,ffi1.*i%?l uundara Nagar Cotony, Erraladda, Hy;;;;"b;;:f i:"" ...PETITIONER AND bv its Principa I S ecreta ry MAU D Department, ] ii:,.3rt:l:9,tfi i1;%B3al"p' ^, ii i,,ffi ;"1: ils#,f3,1ff1-},l1,," r"#s':?l qo rat io n' Re p bv its co m m iss io n e r, ! ji!fl f,::ii,ssj?*i*y:"1i[3tffffi {xtiii.u::l*;r:nt,{i,I;?*",o,n,. s' rhe Tahsirdar, sacrrupirrv'ri;;a;i, ii'd;ffid"ry, Medchar-Ma*alsiribiitrict, I IflUamffi,,:i 313,?iJi ?:i*T# S,"lice ;.frt#$g+ffi:{**inlfn$[$:+'#,ft:fltiflft;,;;'d;"' station, At Bachupa,v, Petition under Articte 226 ot the Constitution of tndia ,r";ffil:r"r,".Tl: circumstances stated in the affidavit fired therewith, the High court may be pleased to pass order or orders one in the nature of wRrr oF MANDAM,. declaring the action of the Respondents for not taking any action in Spite of Representation dared. 'rgt12r2o24 for iregar construction of additionary new commercial shed after demorishing the petitioner compound war. without any permission a new site during the night time even after repeted compraints against illegal construction of earrier commerciar shed demorishing the petitioner room in petitioner private property in sy. No. 407 situated at Bachupary by encroachers even after registering an FIR vide FIR No.656/2024da ted. o4to7t2024, making illegal construction by the unofficial respondents without the consent of the petitioner and famiry, without obtaining any permission for the concerned departments i.e., Muni:ipal Department or Revenue Department, in spite of lnterim Orders passed by this Honourable High court in W.P NO. 2629312011, dated 19logl2o11 , and declare the action of the respondents is totally illegal, arbitrary, against the principles of Natural Justice, and against the provisions of Municipal Act and Rules, against the Violation of Article 300-4 of Constitution of lndia lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the ctrcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondentsNo.2 :o 6 to take an immediate action restraining the unofficial respondents No. Tand8in Spite of Representation daled. 18-12-2024 from making illegal construction of additionally new Commercial shed after demolishing the Petitioner Compound wall. Without any permission a new site during the night time even after repeted complaints against illegal Construction of earlier Commercial shed demolishing the letitioner room in petitioner private property in Sy. No. 407 situated at Bachupally by encroachers even after registering an FIR vide FIR No. 65612024 daled. 04lO7l2024which is abutting to the Temple (Yellamma Temple) pending disposal of the lVlain Writ Petition, Counsel for the Petitioner: SRI SURESH SHIV SAGAR Counsel for Respondent No. 1: GP MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for Respondent No. 2: SRI PUTTA KRISHNA REDDY, SC FOR NIZAMPET MUNICIPAL CORPORATION Counsel for Respondent Nos. 3 to 5: AGP FOR REVENUE Counsel for Respondent No. 6: AGP FOR HOME Counsel for Respondent Nos. 7 & 8: SRI K. MAHENDER REDDY The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.3 370 0F 202s ORDER: Heard Sri Suresh Shiv Sagar, learned counsel for the petitioner, Sri Putta Krishna Reddy, learned Standing Counsel appearing for 2"d respondent, learned Assistalt Government Pleader for Revenue for respondent Nos.3 to 5 and learned Assistant Government pleader for Home for 6th respondent.

2. Petitioner herein has submitted a representation dated 18.12.2024 to 2.d respondent stating that respondent Nos.7 and 8 are making construction in the land belongs to the petitioner and by encroaching petitioner,s land. On the complaint lodged by the petitioner, Bachupally police have also registered a case in Crime No.656 of 2024 dated O4.O7.2024 against them. Despite receiving arrd acknowledging the said representatio r\, )nd respondent did not act upon the same. Aggrieved by the said inaction of 2"d respondent, petitioner frled the present writ petition.

3. Whereas Sri putta Krishna Reddy, learned Standing Counsel appearing for 2"d respondent has producecl / 1,.- I ,!-! 2 written instru ctions of 2'd respondent stating that t here are disputes betvreen petitioner's family and respondent Nos'7 and 8 family. 2"a respondent cannot decide inter se clisputes' If there is arLy unaut horized' construction by respondent Nos'7 and B or if they are proceeding with the construction without obtaining permission frorn 2nd respondent' he will take action against respondent Nos.7 and 8 in accordance "vith procedure laid down under Telangana Municipalities Act' 2019

4. Sn K.Mahender Reddy, learned counsel appearlng for respondt:rrt Nos.7 and 8 on instructions would sul:mit that there are disllutes between petitioner's family and respondent Nos.7 and B and petitioner has submitted a representation dated 18. 12.2024 to 2'd respondent to adjudicate [he same ald filed the present writ petition alleging non-consideration of the said rePresentation.

5. [n the light of the said discussion' this Writ Petition is rlisposed of directing 2"d respondent to inspect the subject propertY. If there is any unauthorized corLstruction by responcle nt Nos.7 and 8, he shall take action against l respondent Nos.7 and 8 strictly in accordance with the procedure laid down under Telangana Municipalities Act, 2019 by putting the petitioner, respondent Nos.7 and g on notice and affording them an opportunity of hearing. However, he shall complete the said exercise within a period of four (04) weeks from the date of receipt of a copy of this order. 2"d respondent is directed not to adjudicate or consider inter se disputes between petitioner and respondent Nos.7 and 8 with regard to subject property. Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. //TRUE COPY// SD/. N. SRI ASSISTANT REGIST R SECTION OFFICER To, 1 T.S. The Principal Secretary MAUD Department, State of Telangana' Secretariat at Hvderabad. ,. iir;'i;;;.-.-ioner, office of the Nizampet Municipal Corporation' At - NlZmpet, Medchal-Malkaiqiri District, T S 3. t#"Di'.iriti'Cii"tlor, r',r"f;nii-ntitra;giri District,AtlMa|kajgiri'.r S ;. +ii; il&;;;6 oividio"ar omier, Medital-MalkajsiriDistrict' At Malkaj ;. iil; i;;;iil;-|.,G1'inrpirrv nL"ait, Rt eacnupaliv' Medchat-Malkajsiri o. iir"e Station House officer, Bachupallu Police Station' At Bachupally' ,x;!'lc',ygl3'Jlt3i'gl,",il:Lr,'f lir::i5iqqvsr 8. rwo ccs to GP ror rur,init'ip"Jitfr;i:1di6'ie Urbin Development' Hish , 3::tt3i$3r"FJfr :t;8'fr Xsfleff for N iza m pet M u n icipar corporation 1O.Two ccs to GP For Revenue, High court for the state of Telangana'.[oUTl 11.Two CCs to Gp fo, nort,'iiigf, 6ourt ior tne State of Telangana. [OUTI ii.ijn; d6i.l sri r. rraanenoer R-eddv, Advocate(oPuc) 13.Two CD Copies (oPUC) t.lJ giri, T.S District, e,-. BC CC TODAY HIGH COURT DATED: 0610212025 EtJ l^,t .a- .1 . <... /.\'/ ".' /'!' s ,h 5 l- r,r. *i \ o \ .fric1 cf, iy, P * o l!l ORDER WP.No.3370 o12025 DISPOSING OF WRIT PETITION WITHOUT COSTS \0 VJb