High Court · 2025

6. Askani Laxmi, W/o.Askani Srinivasulu Aged Major, Occ Agriculture Rl/o.Kothakota Village and Mandal Wanaparthy District, T.S.

7. Pothulapally Pavani, W/o.Pothupally Naresh Kumar Aged tt4ajor, Occ Agriculture Rl/o.Kothakota Village and Mandal Wanaparthy District, T.S. B. P. Lavanaya, Sio.P.Srinivasulu Aged Major, Occ. Agriculture Rl/o.Kothakota Village and Mandal Wanaparthy District, T.S.

9. Thuppuda Rajesh, S/o.Pentanna Aged Major, Occ. Agriculture Rl/o.Kothakota Village and Mandal Wanaparthy District, T.S. ...RESPONDENTS Petition 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 issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd Respondent in failing to consider the Representation of the Petitioners dt o2l1zt2o24 submitted for initiating action to withhold the building permission granted to the Respondent Nos.5 to 9 as illegal, arbitrary, u nconstitutiona I and,consequenflf direct the Respondent Nos.3 and 4 to consider the representation submitted by the petitioners dt.O2.12 2024 as per the directions granted by this Hon'ble Court in W.P.No.32'126 of 2024, dt.18.11 .2024 and W.P.No.32147 oI 2024, dt.18.11.2024 and to restrain the Respondent Nos.s to g not to proceed with the construction pending finalization of the Writ Petition No.28007 of 2023, in the interest of justice. 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 direct the 3rd respondent to forthwith initiate immediate action on the Representation of the Petition erc d1.02.12.2024 by preventing the constructions over the petitioners schedule land to an extent of Ac.5.04 gts in Sy.No.335, an extent of 4c.7.23 gts in Sy.No.339, an extent of Ac.10.03 gts in Sy.No.352l1 and an extent of Ac.2.10 gts in Sy.No.35212 o'f Kothakota Village and Mandal, Wanaparthy District, pend ing disposal of the above writ petition. Counsel for the Petitioner: SRI K.KIRAN KUMAR Counsel forthe Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel forthe Respondent No.2 & 4: AGP FOR REVENUE Counsel for the Respondent No.3: SRI PUTTA KRISHNA REDDY, SC FOR MCPL Counsel for the Respondent No.5 to 9: - The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.411O OF 2025 ORDER: Heard Sri K. Kiran Kumar, learned -.counsel for the petitioners, Sri Putta Krishna Reddy, learned Standing Counsel appearing for 3.d respondent and learned Assistant Government Pleader for Revenue for respondent Nos.2 and 4.

2. Petitioners are claiming that they are the absolute owners and possessors of Iand admeasuring Acs. 25.O0 guntas 1n Survey Nos.335, 339, 35211 and 352/2, situated at Kothakota Village and Mandal, Wanaparthy District within 3'a respondent Municipality. According to them, respondent Nos.5 to 9 obtained building permit orders by way of misrepresentation of facts, more particularly the order dated

13.O7.2023 of 2"d re'spondent. Therefore, they have submitted a representation dated 02.12.2024 to 3'd respondent with a request to take action against respondent Nos.S to 9 and revoke the building permit orders obtained by them. Despite receiving and acknowledging the said representation, 3'd respondent did not act upon the same. Aggrieved by the said 2 inaction of 3.d respondent, petitioners filed the present writ petition

3. Whereas Sri Putta Krishna Reddy, learned Standing Counsel appearing for 3.d respondent, on instructions,' would submit that in compliance with order dated 09. lO.2O23 rn W.P.No.280O7 of 2023 and order dated 1,8.11.2024 in W.P.No.32 126 of 2024, 3.d respondent has already issued show cause notice dated 07.I2.2O24 to respondent Nos.S to 9 and he will take further action in accordance with law.

4. Perusal of record would reveal that respondent Nos.S to 9 are not parties to the aforesaid W.P.No.28OO7 of

2023. They are not parties to proceedings dated 1.3.07.2023 of 2"d respondent. It appears there are dispul,es between petitioners and respondent Nos.5 to 9. 3.a respondent cannot consider the said disputes between petitioners ancl respondent Nos.S to 9. Petitioners have to approach Civil Court, on obtaining order, they have to approach 3'd respondent for the purpose of irnplementation.

5. It is relevant to note that as per Section 7(11) of the Telangana State Building Permission Approval and Self 3 Certification System (TS-bPASS) Act, 2O2O, 3rd respondent will consider only the following aspects: (i) Misrepresentation / suppression of facts. (ii) False statement, if any, made by respondent Nos.5 to 9. (iii) Deviation in construction to the building permit order.

6. As discussed supra, in the present case, as there are disputes between petitioners and respondent Nos.5 to 9 which 3.a respondent cannot consider, however, having issued the aforesaid notice, 3'a respondent shall consider the aforesaid aspects and take action strictly in accordance with the procedure laid down under Telangana Municipalities Act, 20 19. 7 . Accordingly, Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, sha-ll stand closed. //TRUE COPY// SD/.V.KAVITHA ANT REGISTRAR ECTION OFFICER To, Hyderabad, State of Telangana L The Princlp al Secretary' Municipal Administration 2. The Additio nal Collector, (Revenue)' Wanaparthy District' 3. The Commissioner, Kothakota Municipality' Wanaparthy District epadment, Secretariat' ,

4. The Tahsildar, Kothakota Mandal Wanaparthy District. 5. One CC to SRt K KTRAN KUMAR, Advocate tOpUCl 6. One CC to SRt PUTTA KRTSHNA REDDY, SC FOR MCPL [OPUC] 7. Two ccs to Gp FoR MCP_L ADMN URBAN DEV, High court for the state of B' Two ccs to Gp FoR REVENUE, High court for the state of ierangana at Telangana at Hyderabad [OUT] Hyderabad [OUT]

9. Two CD Copies BSR GJP \q' / I HIGH COURT DATED: 1310212025 1 \ ORDER WP.No.4110 of 2025 :: s -z /r:/.o*' i:: 02 rrlN 2[25 ,a:-\ -) wr, I DES pAI CY\ I o .L DISPOSING OF THE WRIT PETITION, WITHOUT COSTS p es"b \6-#*' I