High Court · 2025

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, writ, order or direction especially one in the Nature of Writ ot lVlandamus challenging the proceedings of the 2nd respondent issued in Roc.No.G l/13/2025 dt.08-02-2O25 in directing the petitioner to remove the compound wall in respect of residential plot admeasuring 547.53 sq. yards or 457.8 sq. meters in Sy.Nos.50 and 51, situated at Shantinagar, Sircilla Village and Mandal, Rajanna Sircilla District belongs to the petitioner as illegal, arbitrary, unjust, unreasonable and violation of principles of natural justice and further declare the action of the 2nd respondent in cancelling the Building Permission vide Lr.No.209165/S1RC1067212022 dt.21-O9-2O22 without any enquiry and without following due process of law basing on the complaint filed by the 4th respondent dt.03-01-2025 and 06-01-2025 without considering the explanation d1.28-01-2025 and representation dt.05-02-2025 of the petitioner is also illegal and arbitrary and set aside the proceedings of the 2nd respondent issued in Roc.No.G l/1312025 dt.0B-02-2O25 and consequently direct the 2nd respondent not to demolish the compound wall constructed in residential plot admeasurilg 547.t;3 sq. yards or 457.8 sq. meters in Sy'.Nos.50 and 51, situated at Shantinagar, sirr:illa Village and Mandal, Rajann;r Sircilla District belongs 1.u the petitionLr bv r:onsideriig the representation d1.05 -t),?_ -2025 lA NO: 1 OF 2025 Petition under S;ection 151 cpc praying that in'the :ircumst,,rnces stated in the affidavit filed in support of the petition, the High court nray be, p eased to.direct the respondent 2 not to demolish the compound wall in respect of residential plot admeasuring 54,'.53 sq. yards or 457.8 sq. meters in sy.fJos.5c and 51. situated at shantinagar, s;ircilla vjllage and A,4andal, Rajanna sircilla District belongs to the petitioner, pendirg dir;posal of the main writ petition lA NO: 2 OF 202!; Petition under section 151 cpc praying that in the .ircumstances stated in the affidavit filed in r;upport of the petition, the High court may be pleased to suspend the proceecings of the 2nd respondent issued in Roc.l'Jo.G1/ 13l2o2s d1.08-02-2025 in :he interest of justice, pending disposal of ..he sami; Counsel for the l)etitioner: SRl. BALA MURALI y Counsel for the llespondent No.1: Gp FOR MCPL ADMN TJRBAN DEV counsel for the llespondent Nos.2 & 4: sRl purrA KRIsHNA REDDY sc FoR MC Counsel for the Flespondent No.3: AGp FOR REVENUE The Court made t:he fcllowing: ORDER I THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No. 4506 of 2025 ORDER: Heard learned counsel for ..petitioner and Sri Putta Krishna Reddy, leamed Standing Counsel appearing for 2nd and 4'h respondents and leamed Assistant Govemment Pleader fbr Revenue appearing for 3'd respondent' 2. Petitioner is a resident of Shantinagar' Sircilla Municipatity, Rajanna Sircilla District' On the complaint lodged by Smt. Pushpa and others, residents of Shantinagar area, stating that petitioner encroached the road portion which was sold earlier and has taken up construction unauthorizedly' 2nd respondent had issued show cause notice dated 24'01'2025 to petitioner. Seven days' time was granted to petitioner to submit explanation. Without submitting explanation to the said show cause notice, petitioner has filed a Writ Petition vide W.P.No.3 123 of 2025. Vide otder dated 04'02'2025' this Court disposed of the said Writ Petition directing petitioner to submit explanation to the aforesaid show cause notice dated

24.01 .2025 within ten (10) days, and also 2nd respondent to I 2 KL, J *' P.No.-506 of 2025 !-\ '-"''1 consider the same and take action, if any, against petitioner strictly in acc,trdance with law, within four (4) 'rreeks fi.om the date of rer;eipr. o1-explanation from petitioner.

3. In ,:ompliance with the said order dated 04.Ct2.2025 passed b'r this Court in Writ Petition No.3123 of 2025, 2nd respondent has considered the explanation dated

05.02.2025 submitted by petitioner in response to thr:, show cause notice dated 24.01.2025 and passed order dated

08.02.2025 directing petitioner to remove the unauthorized constructirtn r.r'ithin fifteen (15) days.

4. As disc,ussed supra, on the complaint lorlgi:d by Smt. Pushpa and others, residents of Shantinap;ar area, 2'd respondent issued show cause notice dated 24.01 .2t)25 to petitioner and passed impugned order dated 08.02.20j25. Even then, petitione r has filed the present Writ petition v,ithout making the said Smt. Pushpa and others, cornplainar.lts, as parties to the present Writ Petition. However, the impugned order dated 0i1.02.2025 is an appealable order. in lerrns of Section 2-52(l) of the Telangana Municipalities r\ct, 2019 (for 3 (L, J w.P.No-4506 of2025 short 'the Act'). It is not the case of petitioner that 2 respondent has passed the impugned order dated

08.02.2025 in violation of principles of natural justice and procedure laid down under the Act to maintain the Writ Petition despite availability of altemative remedy of appeal.

5. In the light of the above, this Writ Petition is disposed of granting liberty to petitioner to prefer an appeal in terms of Section 252(l) of the Act before the Regional Director/appellate authority concerned, within two (2) weeks from today, challenging the impugned order dated 08.02.2025, failing which, liberty is granted to 2'd respondent to take action against petitioner pursuant to the impugned order dated

08.02.2025. Till then, the impugned order dated 08.02.2025 shall not be given effect. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. I To, //rRUE coPY/', SD/. T. JAYASREE ASSISTANT REGISTRAR /,,t,, sEcrl!'l( oFFlcER 1 The Principal Secretary, Municipal Administration and Urban Development o'"'prrii.E5i oll tj."ClXro"irt"iil"ri"gin' secretariat' Hvderabad' 2. The Commissioner Sircilla Municipality' Office of the Municipal Council' -' 3. The District Collector, Rajanna Sircilla' Telangana State' 4. The District Collector, Shanti Nagar Colony - -Shanti.Nagar' Siriilta, Rajanna Sircilla District' iliiirirj rtrtiiic,pir corpotation, R5lanna Sircilla District' Sircilla Under

5. One CC to SRl. BALA MURALI Y Advocate [OPUC] I I I i

6. One CC) to S;RI PUTTA KRISHNA REDDY SC FOF: MC [I.)F,UC] 7. Two CC)s to (3P FOR MCPL ADIVN URBAN DEV ,High CoL,rt for the State of Telangana. IOUTI

8. Two CC;s to (3P for Revenue, High Court for the State of Telangana at Hyderabad [OUT] Two Ct) Copies 9 KKS GJP HIGH COURT' DATED:1710212025 C) Q1 1,1, i o F TEI. .$ it ' ir': 1.. .\ *-$ \ .. .'_:,s,lt *,)). '-i.::==2' ORDER WP.No.4506 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,/3 4z / ,zrr?s