High Court · 2025

Petition Under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to suspend the Show cause Notice issued by the Respondent No.2 vide Notice No.2067r2025-G1 dated 03.02.2025 issued to the petitioner in respect of House Bearing No.5-65 of pudur Virage, Medchar Mandar and Municiparity, Medchar_ Malkajgiri District, pending disposar of the above writ petition. l.A.NO :2 oF 2025 Petition Under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court f,ray be preased to direct the Respondent No.2 not to interfere with the petitioner,s construction activity over the House Bearing No.5-65 0f pudur viilage, Medchar Mandar and Municipality, Medchar-Markajgiri District incruding demorition of the House in pursuance of the Show Cause Notice vide Notice No.2067 /2025_G1 03.O2.2O25, pending clisposal of the above writ petition. l.A.NO :3 oF 2025 Between: Sri Majjiga Shanker Reddy, S/o Late M.Ma[a Reddv. I Ap#iji;%,-Rf ,;fi ]v"lE:lridn,cfi ;ilia;;il;;t;ifl,"".,3:itlsf.il",ifi ,,p*ft ,,., ....PETlTtONER/RESPONDENT No.5 AND 1 flg#ffi ffi ,i$r;,fiB:8,:l?0ft Xirl,i,:X;f"i"fl #.""y,f.:,ffi .d,g"&; .....RESPONDENTIWRIT PETITIONER 'llhil:m,?",I,h:ly[';'IsB'H'Jii5xi?8il"":"'{:'slliJ"v'r'lRimbedrrkar 3. The Medchar Municipality, Rep by its commissioner, Medchal-Malkajgiri District. The Town Planning Officer' The District Collector' JVledc 4 5 Medchal Municipality' Medchal-Malkajgiri District' hal-Malkajgiri District' .....RESPONDENTS/RESPONDENTS the writ petition with exemplary costs' 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 vacate the interim order dl' 11'02'2025 passed in W'P'No3902 of 2025 and ;;;" COUNSEI fOT thE PEtitiONET : SRI SAI REDDY RAVINDAR REDDY counsel for the Respondent No'1 : GP FOR MCPL ADMN AND URBAN Counsel for the Respondent Nos'2 & 3 : SRI PUTTA KRISHN{ REDDY DEVELOPMENT GounselfortheRespondentNo'5:G'PFORREVENUE counsel for the Respondent No.5 : SRI AKKAM ESHWAR The Court made the following ORDER a THE HON'BLE SRIJUSTICE K. LAKSHMAN WRIT PETITION No. 3902 of 2025 ORDER: Heard learned counsel for petitioner and Sri putta Krishna Red<ly, learned Standing Counsel appearing for respondent Nos.2 & 3 and Sri V. Ravi Kiran Rao. learned Senior Counsel representing Sri Akkam Eshwar. learned counsel for 5th respondent

2. Perusal of record would reveal that 5th respondent had filed a Writ Petition vide W.P. No.35756 of 20114 to declare the action of' respondent Nos.2 to 4 in allowing the unauthorized construction being undertaken by petitioner in the disputed property to an extent of 89. 1l Sq. yards, in Survey No. 193, situated at Poodur Village, within the limits of Medchal Municipality, without any valid perrnission, as illegal. The said Writ Petition came up for hearing on

19.12.2024, onL which date, learned Standing Counsel appearing for respondent Nos.2 and 3 produced written instructions of 2nd respondent wherein it was stated that petitioner had already completed ground floor and laid slab in ) KL, J w.P.No.3902 ot 2o2s respect of I't floor long back as per building permit order dated

07.02.2013, and had completed walls and brick work and was only doing internal works. 2nd respondent had inspected the said property and found that there is no illegal construction made by petitioner, as alleged by 5'h respondent and his brothers. This Court had also considered pendency of sit vide ' O.S.No.90 of 2014 filed by 5'h respondent and his brothers against petitioner seeking declaration of title, recovery of possession and mandatory injunction. The said suit was dismissed on 30.01-2023. Feeling aggrieved by the said decree and judgment dated 30.01.2023, 5'h respondent and his { brothers preferred an appeal vide A.S.No.16 of 2023 and the said appeal is pending. There are no interim orders passed in their favour. In the light of the same, vide otdet dated

19.12.2024, this Court disposed of the aforesaid Writ Petition directing 2nd respondent to consider representation dated

11.12.2024 submitted bY 5'n respondent and inform 5th respondent the aspects, as observed by this Court in the said order. .) 3 KI-. J rv.P.No t902 0f202s 5'h respondent, staff of 2nd

3. Thereafter, 2nd respondent has issued show cause notice dated 03.02.2025 to petitioner stating that on the complaint of respondent conducted field lnspectlon and found that petitioner obtained permission for 136 Sq. yards. but he rs proceeding with constrtrction in land admeasuring 145.60 Sq. yards and thus, there is .l_hercfore, deviation/encroachment of road and common area. 2"d respondent directed the petitioner to stop flrther construction/alteration until removal/demolition of th; deviated portion/encroachment of road and cornmon area. Fifteen (15) days,time was granted to petitioner rl Oo ro. Aggrieved by the said show cause notice dated 03.02.2025 issued by 2nd respondent, petitioner filed the pr.esent Writ Petition. 4 suspension of the Vide order dated 11.02.2025, this Court granred rnterim rmpugned show cause nolice dated 03.02.2025 on considering the fact that the impugned show cause notice is issued contrary to the stand taken by L i I 4 KL, J w.P No 39Oi ot 2025 2nd respondent in earlier Writ Petition No'35756 of 2024 filed by 5th respondent.

5. It is to be noted that 2"d respondent instead of considering representation dated 11.12.2024 submitted by 5s respondent and informing 5'h respondent the aspects stated by him in the written instructions, as observed by this Court in the order dated 19.12.2024 in Writ Petition No.35756 of 2024, issued the impugned show cause notice dated 03.02'2025 to petitioner by taking a different stand. 2nd respondent cannot take different stands in Writ Petition No.35756 of 2024 and the impugned show cause notice dated 03-02.2025. d 6 It is the specific contention of petitioner that he has obtained permission from the then Gram Panchayat, Poodur, on 07.02.2OI3, has completed the construction of ground and first floors and is only doing some internal works. However, having received show cause notice dated 03.02.2025, petitioner should have submitted explanation to the same.

7. In the light of the above, this Writ Petition is disposed of directing petitioner to submit explanation to the impugned 5 KL, J w P N"o 3lO2 ot ?O25 show cause notice dated 03.02.2025 issued by 2nd respondent,, narrating the afore-stated facts, within ten (10) days from the date of receipt of copy of this order. He shall enclose copies of this order and order dated 19.12.2024 passed by this Court in Writ Petition No.35756 of 2024, to the said explanation. Thereupon, 2nd respondent shall consider the same, inspect the subject property in the presence of petitioner and 5,h respondent, hear both of them and take necesszrry action in accordance with the procedure laid down in the Telangdna Municipalities .Act, 2019. However, he shall complete the said exercise within a period of four (4) weeks from tfe dare of receipt of explanation from petitioner. Till then, 2n,rrespondent is directed not to take any steps pursuant to the impugned show cause notice dated 03.02.2025. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. SD/. P. PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY// ECTION OFFTCER

1. The Principal Secretary, Municipal Administration and Urban Development, Telangana State At B.R.Ambedhkar Secretariat, State of Telangana at Hyderabad. To l \ Courlfor the State of Telangana at Hyderabad' [OUT]

2. The commissioner, Medchal Municipality, Medchal-Malkajgiri District' - 5. ff," fo*n ptanning Officer, Medchai Municipality, Medchal-Malkajgiri District. 4. The District Collector, Medchal-Malkajgiri District' - S *O CCi tO GP FOR MCPL ADMN A'I'iD URBAN DEVELOPMENT' High - 6. i;; CC. to Cp FOR REVENUE, High Court for the State of Telangana at 7. d; cC to snt sAl REDDY RAVINDAR REDDY, Advocate [oPUCl B. il; cc to SRI AKKAM ESHWAR, Advocate (oPUC) S. On" CC to SRI PUTTA KRISHNA REDDY, Advocate (OPUC) 10.Two CD CoPies Hyderabad. [OUTI SA o- e I ) I ----=:==- ttlE SI4 14: o( e .) o 1 0 l'lAB ;1025 z * {: * asr_" !-Cr, 7O ::-.:- _-;;i .r HIGH COURT DATED:0 4103t2025 \ ORDER WP.No.3902 of 2O2S DISPOSING OF THE W.P WITHOUT COSTS, 1o