The 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 order or orders one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents for not considering the reply Notice dated OGtO2t2O25 given by the petitioner to the respondents with regard to the impugned Notice vide No. 310/COMM/HYDRAtu2025, dated 0310212025 in respect of the petitioner property i.e., Land admeasuring 2420 Square yards bearing H. No. 1-321 (old) 8-3 in survey No. 147 situated at Jalpally village and 7 Grampanchayat Saroor Nagar Mandal, Ranga Reddy District, T.S., by interfering into the petitioner above said land without following due process of law, and declare the action of the respondents as illegal, against the law, arbitrary, against the principals of natural justice and in violation of Article 300-4 of the Constitution of lndia. 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 Respondents Not to take any coercive steps including demolition in respect of the petitioner property i.e., Land admeasuring 2420 Square yards bearing H. No. '1-32'1 (old) 8-3 in survey No. 147 situated at Jalpally village and Grampanchayat Saroor Nagar Mandal, Ranga Reddy District, T. S, inpursuance of the impugned Notice vide No. 310/COMM/HYDRAA/ 2025, dated; 03-02-2025 issued by the respondent No.6 to the petitioner, pending disposal of the main writ petition. Counsel for the Petitioner: SRI SURESH SHIV SAGAR Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for the Respondent No.2 to 4: ASST. GP FOR REVENUE Counsel forthe Respondent No.S & 6: SRI K. RAVINDER REDDY, SC FOR HYDRAA The Court made the following: ORDER -:7 d HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.4695 of 2025 ORDER: Heard learned counsel lor the petitioners, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, learned Assistant Government Pleader for Revenue appearing for respondent Nos.2 to 4 Sri Katika Ravinder Reddy, learned Standing Counsel appearing for respondent Nos.5 and 6. Perused the record.

2. Respondent No.5 has issued a notice, dated I O3.O2.2O25 to the petitioners herein stating that he has received a complaint alleging that the petitioners have made construction in Jalpally Pedda Cherur.u, falling in FTL/Buffer Zone, situated at Jalpal1y Viliage within Jalpally Municipality. Therefore, respondent No.5 requested the petitioners to submit copies of the lollowing documents: "i. Copy of Sanctioned plan & its proceedings from the concerned authority if any. ii. Copy of Registered Documents of Property. iii. Copy of Link Documents. iv. Copy of Layout Pian. v. Details of Court cases (if any)." I I KL.J W.P.No.4695 of 2025 ' 7 Petitioner has submitted explanation' dated 06'02'2025 and also copies of the said documents to respondent No'5' Without considering the same, respondent No'5 is trying to demolish the subject property and dispossess them from their property. Challenging the said action of respondent No.5, petitioners hled the present writ petition'

3.SriKatikaRavinderReddy,learnedStandingCounsel appearing for respondent Nos'5 and 6' on instruclions' would submit that respondent No'S will consider the reply' dated 06.02 .2025 and' also documents submitted by them as sought by respondent No'S vide notice' dated O3.O2.2O25 and take action against the petitioners strictly in accordance with the procedure laid down under law'

4. Perusal of notice, dated 03'02 '2025 of respondent No.5 would reveal that he has issued the said notice basing on the complaint received by HYDRAA' He has not mentioned the details of the complainant, the allegations, if any, made in the complaint are specifically against the petitioners herein. He has not even inspected the site to I i '*7 I () Kt-.J W.P.No.4695 of 2025 ascertain the truthfulness of the allegations made by the complainant that the petitioners made construction in Jalpally Pedda Cheruvu, falling in FTL/Buffer Zone. He has ntrt mentioned the details of alleged illegal construction made by the petitioners herein. The notice, dated O3.O2.2O25 itself is defective. However, petitioners have already submitted copies of the aforesaid documents along with reply, dated 06.02.2025 and respondent No.5 has to consider the same.

5. In the light of the said submissions, this Writ petition is disposed of directing respondent No.5 to consider the reply, dated 06.02.2025 and copies of the documents J submitted by the petitioners to notice, dated 03.02 .2025 of respondent No.5 and shall pass an order strictly in accordance with procedure laid down under iaw by putting the petitioners and complainant on notice and affording them an opportunity of hearing. He shall complete the said exercise within four (4) weeks from the date of receipt of copy of this order. Till then, respondent No.5 is directed not I Kt-.J W.P.No.4695 of 2025 4 to proceed lurther pursuant to the notice, dated

03.o2.2025

6. HYDRAA including its commissioner and all inspectors shall be careful while issuing the notice to the citizens, like petitioners. On receipt of complaints, they have to inspect sites to ascertain the truthfulness of the allegations made by complainants, then they have to issue notices to the parties. Instead of doing so, by referring the complaints, they are issuing notice to the. citizens, like petitioners requesting them to submit copies of the certain documents. They are granting 24 hours of time which is unreasonable. They are conducting hearing on holidays like Second Saturdays' and demolishing structures on Sundays' which is in violation of the directions issued by this Court, a Division Bench of High Court of Andhra Pradesh and the Hon'ble Supreme Court. There is criticism that the people making complaints to HYDRAA due to personal grudges with a malafide intention and for wrongful gains. Therefore, HYDRAA officials shall ascertain the truthfulness of the allegations levelled in the complaints, inspect sites and get \ 7 To, KL.J W.P.No.4695 o12025 l information from various sources, otherwise people will lose confidence on HYDRAA and the System. The said action of respondent No.5 is arbitrary and illegal. They shall be more careful while issuing notices, like the notice, dated

03.o2.2025.

7. Sri Katika Ravinder Reddy, learned Standing Counsel I appearing for respondent No.5 shall bring the aforesaid facts and also the orders passed by this Court to the notice of Commissioner,. HYDRAA. No costs. As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. H //TRUE COPY// SD/.P.PADMANABHA REDDY ASSI TANT REGISTRAR SECTION OFFICER T.S. Hvderabad.

1. The Principal Secretary, MA & UD Department' The State of Telangana' z. fHJ bfiiici Collector, Rangareddy District, Kongara Kalan' lbrahimpatnam' :. iire Revenue Divisional Officer, Balapur Mandal, At Balapur, Ranga Reddy +. ifre finsifaar, Balapur Mandal, At. Balapur, Ranga Reddy District, T S . 5. The commissioner, The Hyderabad Disaster Response and Asset Protecllon - ng"niy, Off 7th Floor, Bud-ha Bhavan, Ranigunj Side of Tank Bund' Hyderabad. District T.S. ngenCyizth Fioor, BJdna Bhavan, Ranigunj Side of-Tank Bund. Hyderabad'

6. The lnspector, The Hyderabad Disaster Resp^onse and Asset Protection - 7. o"ne cc to sRt SURESH SHIV SAGAR, Advocate [oPUC] A. One CC to SRI K. RAVINDER REDDY, SC for HYDRAA IOPUCI g. Two CCs to GP FOR REVENUE, High Court for the State of Telangana' touTl io.tG ics to cp FoR lvluNlclPAL ADMINlsrRATloN & URBAN DEVELOPMENT, High Court for the State of Telangana lOUTl ,... 11.Two CD CoPies 0) 'eN [P* oLe HIGH COURT DATED:1810212025 CC TODAY ORDER WP.No.4695 of 2025 ( l. q _) 't t{ € STA lr{- -) 1S FEB ?$ffi a , D e.i i-- ,r DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,{ \1