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 an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondent No. 2 in taking any action against the illegal construction which is made by the respondent No. 3 in an extent of 504 00 Sq. Yds in Sy No' 2?2lC' ::.y-a,::l Choppadandi Village' even after issuing the notice on 27t}1t2025 .(.27lO1lY)' in pursuance of the representations submitted by the petitioner dated 1|r12tzo24,is nothing but arbitrary, iilegar, nuil and void and violative of the provisions of the Telangana Municipalities Act and also violative of Articles 14 and 21 olthe Constitution of lndia Consequently direct the respondent No' 2 to take necessary action against the illegal construction which is made by the of 504'00 Sq' Yds in Sy No' 2721C' situaled at respondent No 3 in un "*t"nt Choppadandi Village, as per the notice issued by the respondent No. 2, dated 27 I 0 1 I 2O2s (27 I O 1 l "Z()24). lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit f iled ir support of the petition, the High Court may be pleased to direct the. responclent No. 2 to take necessary action agairrst the illegal construction which is made by the respondent No. 3 in an extent of 504.00 Sq. Yds in Sy. No. 272iC, situated at Choppadandi Village, as per the nol.ice issued by the respondent fJo. 2, daled 27-01-2025 (27-01-2024). Counsel for the Petitioner: SRI K.VENUMADHAV Counsel for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel forthe Respondent No.2: SRI PUTTA KRISHNA REDDY, SC FOR MCPL The Court made the following: ORDER HON'BLE SRI JUSTICE I' LAKSHMAN WRIT P[',TITTON No.457e oF 2025 ORAL ORDER: Heard leamed counsel for the petitioner and Mr' Putta Krishna Reddy, leamed Standing Counsel appearing on behalf of respondent No.2.

2. The petitioner herein is claiming that she is the absolute owner and possessor of land admeasuring 504 square yards in Survey No.272lC, situated at Choppadandi Village and Municipality' Karimnagar District, on the strength of a registered Gift Settlement Deed bearing document No'5904 of 201 l Respondent No'3 encroached into her land and is making construction without obtaining prior permission from respondent No'2' The said construction is unauthorized construction' Therefore' she has submitted a represeniation dated 18.12 2024 to respondent No'2 with a request to take action against respondent No'3' On receipt of the said representation, respondent No'2 has inspected the site and issued noticedated2T.o|.2o25torespondentNo.3directinghimtosubmit certain documents. There is also mention about pendency of case in O.S. No.179 of 2018 frled by respondent No'3 herein and 3 others 2 K1,,J W I' No 4579 of2025 against the petitioner herein and another seeking perpetual injunction and the sarne was dismissed. Thereafter, respondent N,:.2 is not proceeding to take further action. Aggrieved by the said jnaction of responden;t ){o.2, the petitioner filed the present writ petition.

3. Il/hereas, Mr. Putta Krishna Reddy, leamed Standing Counsel appearing on behalf of respondent No.2, has produced written instructions of respondent No.2, wherein it is stated that there are serious disputes between the petitioner and respondent ),Io.3 with regard to title of the subject property. Respondent No.3 has filed a suit vide O.S,. No.525 of 2024 against the petitioner herein arrd another seeking perpetual injunction and the same is pending. There is a tin shed constructed five years ago in the subject property. Ihe same is without pemission from respondent No.2. However, respon,Jent No.2 will take acrion against respondent No.3 strictly in accordance with procedure lajd down under the Telangana Municipalities Act, 2019 by putting the petitioner and respondent No.3 on notice and affording them an opporhrnity of hearing. The said written instructions are placed on r,:cord. j I I I I \ J KJ-,J WP. No 4579 of2025

4. Perusal of record would reveal that there are serious disputes betweeri the petitioner and respondent No'3 with regard to title of the subject property. The suit in O'S' No 179 of2018 frled by respondent No.3 herein & 3 others against the petitioner herein and another ,."king injunction was dismissed on 24'06'2024' The suit in O'S' No.525 of 2024 filed by respondent No'3 against the petitioner herein and another seeking perpetual injunction is pending' However' respondent No.2 will not consider the said title disputes between the petitioner and respondent No 3 and it has to consider only the allegations made by the petitioner'that respondent No'3 constructed a tin shed without obtaining prior permission fiom respondent No'2' In the light of the said submission, notice to respondent No'3 is dispensed with.

5. This writ petition is accordingly disposed of directing respondent No.2 to take action against respondent No'3 pursuant to the notice dated 27 -01'2024 and explanation' if any' submitted by respondent No.3 strictly in accordance with procedure laid down under the Telangana Municipalities Act, 2019 by putting the petitioner and respondent No.3 on notice and affording them an opportunity of hearing. However, he shall not adjudicate title disputes between the 4 KI,J W P No 4579 of2CDi I petitioner rrrrd respondent No.3. He shall complete the entire exercise within a pcriod of four (04) weeks from the date of receipt of copy of this order. In the circumstances of the case, there shall be no order as to costs As a s,equel thereto, miscellaneous petitions, if any, pending in this writ perition shall stand closed. //TRUE COPY// SD/-MOHD. ISMAIL STRAR A FFICER To,

1. The Principal secretary to the lvlunicipal Administration, secretilriat Buildings' Hyderabad, S':ate of Telangana.

2. The Commis:sioner, Choppadandi tvlunicipality, Choppadancli Proper and Mandal, Karrmnagar District.

3. One CC to SFll K.VENUX/ADHAV, Advocate [OPUC] 4. One CC to SP.l PUTTA KRISHNA REDDY, SC FOR MCPL IOPUC] 5. Two CCS to C;F' FoR MCPL ADMN URBAN DEV, High Court l.or the State of Telangana at HYderabad [OUT] Two CD Copies; 6 BSR GJP fa- HIGH COURT DATED: 171A212025 I 41'sEtl oB t o o 04 fiAfl 2C 25 'f il, t1 * o narr .F-t' ORDER WP.No.4579 ot 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS q .oC"ns Ft- {-tr},