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 pass an order or direction or Writ more particularly in the nature of Mandamus duly dectaring the action of the 2nd respondent in refusing to considering the representation dated 2710112025, wherein it is requested not to accord any per permission for construction of the petitioners land vide an extent of Ac. 0.11 Guntas in Sy.No.1259 vide Khatan No. 100006, situated in Aswaraopeta (V) and (M) Bhadradri Kothagudem District, as illegal arbitrary and against the principles of natural justice and consequently direct the 2nd respondenl to corrsider the representation dated 27rc1D025 in the interest of justice l.A.NO:1 Ol: 2025 Petition unc er section 151 cpc praying that in the circLrmstances stated in the affidavit firetl in support of the petition, the High court may be preased to direct the 2nd reslrondent not to accord any per permrssion fo - construction of the petitioners lan I vide an extent of Ac. 0.1 1 Guntas in Sy NO. .l 259 vide Khatan No 10000( , situated in Aswaraopeta (V) and (M) Bhadri:dri Kothagudem District, in due cc nsideration of the representation dated 27 to1r2o25 in the interest of jr-rstice_ Gounsel for the pe.:itioner : SRI p.RAMA SHARANA SHARMA 9:y.1:"] l9llhe Re ;pondent No.1 : Gp FoR McpL ADMN AND LTRBAN DEVELOPMENT Counsel for the Re:;pondent No.2 : SRI p.KRISHNA REDDY Counsel for the Res;pondent Nos.3 & 4: _ The Court made the following ORDER a) THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No. 4490 of 2025 ORDER: Heard learned counsel for petitioner and Sri Putta Krishna Reddy, learned Standing Counsel appearing fbr 2nd respondent.

2. Petitioner is claiming that he is the absolute owner and possessor of land admeasuring 0. 1100 guntas ln Survey No.l259 situated at Aswaraopeta Village and Mandal, Bhadradri Kothagudem District, within the timits of 2nd respondent municipality. It is his ancestral property. He has applied for latest pass books and title deeds. 3'd and 4tl' respondents are claiming right over the said property and taking advantage of petitioner's absence in the Village, they are trying to grab the same and obtain permission from 2nd respondent for making construction in the subject property. Therefore, petitioner has submitted a representation dated

27.01 .2025 to 2nd respondent with a request not to grant any permission to 3'd and 4th respondents for making con-struction 2 IiL, J r' L\o .14()0 ol2025 in the sub;ect propefty. However, with an apprehension that 2''d resporrr cllt may grant permission to 3'd and 4,1, re;pondents lbr rnaking constnrction in the subject property, petilioner has filed the pr lsent Writ Petition.

3. As d scussed supra, though petitioner is clainring right over Iand admeasuring 0. 1100 guntas in Survey No.l259 situated at Aswaraopeta Viltage and Mandal, llhadradri Kothagudetn District, he has not filed any document including old ,rr latest pass books. He has only filed dharani status wherein his narne is mentioned as pattadar in resper.rt of land admcasurinq Ac.O.ll00 guntas of land in Sun,c1, No.1259. Even accorrling to petitioner, 3'd and 4tl' responr lents are clainring rillJit over the subject properly and they ar.e tr.ying to grab thc sarne. T'hus, there are disputes between petittoner and 3"r and 4" r.espondents with regard to title over thr: 5n61.., properlv r-,,1 icl.r the 2,d respondent cannot consider. JIowever, 2nd respon Jent witl consider only three asl)e.cts i.e., i) misrepres:ntation/suppression of facts; ii) false stat,oment, if any, rnade t,v the applicant, and iii) construction in rleviation t I I I I 3 KL. J W.P.No.4:190 of2O2s to the building permit order. Therefore, if petitioner has any grievance against 3'd and 4'l'respondents, he has to approach the competent civil Court and establish his right over the subject property. Then, he has to approach 2'd respondent with request to implement order/judgment, if any, passed by the competent civil Court. Instead of doing so, he has submitted representation dated 27.01.2025 to 2nd respondent and filed the present Writ Petition alleging non-con sideration of the same.

4. Learned Standing Counsel appearing for 2nd responclent, on instructions, would submit that 2"d respondent municipality is constituted very recently and petitioner submitted a representation on27.01.2025 with a request not to grant any pennission to 3'd and 4'h respondents for making construction in the subject propefty which 2'd respondent cannot. )

5. In the light of the aforesaid discussion, this Court is of the considered opinion that petitioner is not entitled for 4ny relief much less the relief sought in the present Writ Petition. Therefore, the Writ Petition is liable to be dismissed. 4 (I,. J q.P \o.r'r9') oI2O25 ':-i q. r\cco rlingly, rhe Writ petition is dismissed granting libcry to lretitioner to approach the civil Courl arrd obtain ordel againsl 3"t and 4'r' responclents, and thereafier. he shall approach lZ''r lesponclent with a request to implernent r.he same. Ther,-' slrall .c no order as to costs. Misce llaneous applications, if any pending, shall stand closed To //TRUE COPY// SD/- P. PADMA,NABHA REDDY ASSISTANT REGISTRAR \)-- sE(;roN oFF ICER '1 . The Principal Secretary, (tt/unicipal Administrati J/), s".r"t"ri ,t. State of Telan';ana at H yd era bad.

2. The Commisr ioner, Aswaraopet IVunicipality, Aswaraopet, Bhadradri Kothagudem )istrict. 3, Two C)CS to C;P FOR IVCPL ADIVN AND URBAN DE:VELOPI\,4ENT, High Court for the rltate of Telangana at Hyderabad. [OUT] 4. One C)C to Sf t P.RAI\/A SHARANA SHARI\4A, Advocate [OPJC] 5. One C)C to Sf i P.KRISHNA REDDY, Advocate (OPtiC) 6. Two C;D Copirs SA GJP.- YV \ \ HIGH C:OURT DATED:1 7 rcil2025 .! A q o \t t. .\ ORDER WP.No.,4490 of 2025 F' LETFoe- .9 \$ o 7 e * 0 + ..: !" i I i i ! I i i i i I DISMISSING THE W.P WITHOUT COSTS.

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