Jalamani Nagaraju v. 1. The State of Telangana

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 appropriate writ or direction more particularly one in the nature of Writ of Mandamus, declaring the action of respondents more particularly the official respondents in not taking action against the illegal and unauthorized constructions undertaken by respondents No.6 to 8 in the premises of Dornakal cathedral church, Dornakal without taking appropriate permissions from the authorities and without following any Rules and Regulations as per Law, as illegal, arbitrary and u nco nstitutional, consequenfly direct the respondents more particularly the official respondents to take appropriate aciion upon the representations of the petitioner dated 30-12-2024, 06-01-202s, 0B-o1-2025 and 03-02-2025 as per the Law and demolish the illegal constructions carried on by the respondents No.6 to 8 in the premises of Dornakal cathedral church premises, Dornakal without following any due procedure of law, Rules & Regulations. 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 more particularly the respondents no. 2 io 5 to forthwith stay the illegal construction activities in the premises of the respondent no.6 Diocese, Dornakal pending disposal of this writ petition. Counsel for the Petitioner: SRI YEMMIGANUR SOMA SRINATH REDDY counsel for the Respondent No.i & 2: Gp FoR MUNlclpAL ADMINlsrRATloN & URBAN DEVELOPMENT Counsel forthe Respondent No.3: SRI PUTTA KRISHNA REDDY, SC FOR MUNiCIPALITY Counsel for the Respondent No.4 & 5: ASST. Gp FOR REVENUE Counsel for the Respondent No.6 to 8: - - - - The Court made the following: ORDER THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No. 48lE of 2025 ORDER: Heard leamed counsel for petitioner and Sri Putta Krishna Reddy, learned Standing Counsel appearing for 3'd respond6nt and learned Assistant Government Pleader for Revenue appearing for respondent Nos.4 and 5.

2. Petitioner is a resident of Shikarkan Gadda, Mahabubabad. Respondent Nos.6 to 8 are making construction in the premises of Dornakal Cathedral Church without obtaining prior permission from 3'd respondent. Therefore, he has submitted representations dated 30.12.2024, 06.01.2025, O8.Ol .2025 and 03.02.2025 to 3'd respondent and also other respondents with a request to take action against respondent Nos.6 to 8. Despite receiving and acknowledging the said representation, 3'd respondent did not act upon the same. Aggrieved by the said inaction of 3'd respondent, petitioner has filed the present Writ Petition. J Learned Standing Counsel appearing for 3'd respondent, on instructions, would submit that respondent Nos.6 to 8 are 2 KL, J W P No 4al8 of 2025 proceeding with the construction without obtaining pnor permission from 3'd respondent' However' 3'd respondent will consider the aforesaid representations submitted by petitioner and inspect the site and if the allegations made by the petitioner are found to be correct' he will take action against respondent Nos.6 to 8 strictly in accordance with the procedure laid down under the Telangana Municipalities Act' 2019, by putting petitioner and respondent Nos'6 to 8 on notice and affording them an opportunity ofhearing' 4 In the light of the above, notice to respondent Nos'6 to 8 is dispensed with.

5. Accordingly, this Writ Petition is disposed of directing 3'd respondent to consider the aforesaid representations submitted by petitioner and inspect the site and if the allegations made by the petitioner are found to be correct' he shall take action against respondent Nos'6 to 8 strictly in accordance with the procedure laid down under the Telangana Municipalities Act, 2019, by putting petitioner and respondent Nos.6 to 8 on notice and affording them an opportunity of *'7 3 KL. J W.P-No.4818 ot 2025 hearing. He shall complete the said exercise within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. SD/-A. SRINIVASA REDOY ASSISTANT REGISTRAR //TRUE COPY// CTION OFFICER To. '-'1. Th" Principal Secretary, Municipa.l Administration and Urban Development' oio.A.c.Guards Municipality, Mahabubabad District' The State bf Telangana, Secretariat, HyderaDao' 2. The commi..ion"r rni'o-ir""-"t]oi"itritriili'o lgministration, ' n,]ia] rviJiio iant<' Hvderaoad, Telangana - 500 004' s ilJlMr"iiiprr com.fuiioneibtrit" oT the Municipalitv' Dornakal 4 The District. cottector]b"6"ini"di'jito District offices Complex' Mahabubabad 5. il;'$i;i E;il;&r|., dfiil;;i in J.ro i nt c-o.!e.cto r, Ir/a habu babad District. 6. One CC to SRt yenailiiEiiluii-sorviir gniNArn REDDY. Advocate toPucl 7. one cc to sRt puTiA'tiilt'sli,rn neooV,^s_qfor MUNICIPALITY [OPUC] 8. i;;; dc.'io-cp rbC naur'iicipAl ao-rr,tlNlsrRArloN & URBAN " oEViubiitltEr.rr, nish'corrt for the state of Telangana' [op]l' S. iiJ -C-C-.'to CF fOn"neVENtUr, Hign Court for the State of Telangana. Post. Mahabubabad District The Joint -Collector'

10.Two CD CoPies tOUT BN BS \4- I I HIGH COURT DATED:1 910212025 ORDER WP.No.4818 of 2025 ',1 (j Y ) a.-r t) 2 5 ri3 2025 i.\ o t' * qE-o * t'€: -:,=i tu.i DISPOSING OF THE WRIT PETITION WITHOUT COSTS \'q*@ W