High Court · 2025

Petition under Article 226 o'f lhe Constitution of lndia prayihg that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ order or direction more particularly one in the nature of Writ of lVlandamus declaring the action of the respondent No.2 in passing the impugned Final Notice vide No.G1/1 36512024 dated 30-01-2025, in respect of some plot bearing No.6212 Part and 6211 , in Sy. No.208/1 and 20812 to an extent of 200 Sq.Yards and superimposing the said impugned Final Notice on petitioner's house bearing No.4-8-69/4/5/b, PTIN No.1112014533, admeasuring 200 Sq.Yards situated at Manjeera Nagar, Kalvakunta, Sangareddy, and proposing to take coercive action that too without providing the copy of the alleged complaint, without affording an opportunity of hearing and without considering the contention of the petitioner in the reply to the show cause notices as illegal, arbitrary, in violation of principles of natural justice besides being in violation of Telangana Municipalities Act and consequently to setaside the Final Notice vide No.Gl/1365/2024 daled 30-01-2025, issued by the respondent No.2, including the direction to the respondent No.2 herein not to interfere with the petitioner's house bearing No.4-8-69/4/5/b, PTIN No.1 1 12014533, admeasuring 200 Sq.Yards situated at Manjeera Nagar, Kalvakunta, Sangareddy. 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 suspend the Final Notice vide No.G1/1365/2024 dated 3O-01-2025, issued by the respondent No.2, including the direction to the respondent No.2 herein not to interfere with the petitioner's house bearing No.4-B-69/4/5i b, PTIN No.1112014533, admeasuring 200 Sq.Yards situated at [/anjeera Nagar, l(SlVakunta, Sangareddy, pending disposal of the above writ petition, Counsel for the Petitioner: SRI KOWLUR ARCHANA Counsel for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2: SRI PUTTA KRISHNA REDDY, SC The Court made the following: ORDER HON'BLE SRIJUSTICE IC LAKSHMAN WRIT PETITION No.3910 OF 2025 ORALORDER: Heard leamed counsel for the petitioner and Mr. Putta Krishna Reddy, learned Standing Counsel appearing on behalf of respondent No.2.

2. The petitioner herein is claiming that he is the absolute owner and possessor of house bearing No.4-8-69/4/5/b (PTIN No.1112014533), admeasuring 200 square yards, situated at Manjeera Nagar, Kalvakunta, Sangareddy Distric! on the strength of a registered sale deed bearing document No.13215 of 2023, dated

24.06.2023. It was an old house. With an intention to construct new house by dismantling old house, he has obtained building pcrmit order dated 30.12.2024 and also work commencement letter dated 07 .01.2025 for construction of Ground Floor + I Upper Floor. The petitioner has not commenced construction yet.

3. It is also contended by the petitioner that when one Mr. Gunji Ravi tried to interfere with his possession over the subject property, he has fi led a suit vide O. S. No. I 060 of 2023 against the said Gunji Ravi seeking perpetual injunction. Learned III Additional /1 I I i I 7 KL,J w.l'. No19l0 of2025 Jtrnior Civil Judge, Sangareddy granted interim injwclion. The said suit is pending ar:d the interim injunction order is subsisting.

4. Wrile the matter stood thus, on the complaint lodged by Mr. Kasini Srinivas and Mr. Mandula Radha Krishna Mudiraj. respondent No.2 has issued a show-cause notice 10.12.2024 stating that the petitioner is proceeding with construction of shed over the subject property without obtaining prior permission. The petitioner has submitted e>iplanation dated 13 -12.2024. Thereafter. respondent No.2 has issued shorv-cause notice dated 02.01.2025 on the very same allegations made in the complaint lodged by the aloresaid persons. The petitioncr has submitted reply dated 08.01.2025. Without considering the same, vide ftnal notice dated 30.01.2025. respondent No.2 directed the petitioner to remove the unauthorized construction.

5. Mr. I-.. Vankata Siddhartha, leamed counsel representing Ms. Kowlur Archana, leamed counsel for the petitioner, on instructions, w'ould subrrLit that the tin-shed old is a construction, the pctitioner is ready to demolish the same and he will proceed with construction strictly ln accordance with the building permit order and work comnlDrqement letter. Though the said fact was informed to I I KI,J W P. No 19l0 of2025 respondent No.2, he has not considercd the same. The petitioner has filcd an affidavit to the said effect vide USR No.15903 of2025. dated

13.02.2025 in the present writ petition. Without considering the said aspects, respondent No.2 has passed the aforesaid final notices datcd

18.12.2024 and30.01.2025. Therefore, the same are liable to be set aside.

6. This writ petition is accordingly disposed of setting aside the final notices dated 18.12.2024 and 30.01.2025 of respondent No.2. However, the petitioner shall demolish the aforesaid existing shed in the subject property and shall proceed with construction strictly in accordance with the building permit ordcr dated 30.12.2024 and letter of approval for commencement of work dated 07.01.2025, fall:r,g which, liberty is granted to respondent No.2 to take action against the petitioner strictly in accordance with thc procedure laid down under the Telangana Municipalities Act, 2019. In thc circumstances of the case, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition shall stand closed //TRUE COPY// S D/-S. MALLIKARJ UNA RAO ASSISTANT REGISTRAR SECTION OFFICER to'', s, The State of Telanoana. . an" Principal secretary (l\"lAUD)' Secretariat Bu , If; 5 irli,ll3, r5'3;li*11'" "e r, rhe Sa n g a reddv 3 o;;'ic'6 Sri Kowlur Archana' Advocate to.qlcl 4. Two ccs to Gp ro, r,,.,rrniiiilixoirlrii-.i,-i't1,1 Ur:bah Development, High court - Jf'T"lungun',' ut Hvderabad-[oUT] s. 6il';ci;6I'pJG (ristrna Rebdv' sc[oPUC] 6. Two CD CoPies lr,4unicipalitY, SangqreddY' f"; ih; "sui" TJ GJP w i I Il 1: I j HIGH COURT DATED:1410212025 ORDER WP.No.3910 of 2025 r€ (-) ,,). * 3'l AI'H 2U6 , :. (-. .\ ^< DISPOSING OF THE WRIT PETITION WITHOUT COSTS q ".f'a &, J