Godike Murali v. State of Telangana

Petition under Article 226 of lhe 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 orders more particularly one in the nature of writ of mandamus by declaring the action of the Respondent No.2 in not considering the Representations of the Petitioner since 2015 lill 12-02-2025 and further issuing the building permissions vide No's 3547851 KORU/ 1006/ 2023 dt.03-01- 2024 on H.No 3-6-100, 3547841 KORU/ 1005/ 2023 dt.03-01- 2024 on H.No.3-6-100/2 and 3547801 KORU/ 1004/ 2023 dt.08-01-2024 on H.No.3-6-100/3 to the Respondent No.3 to 5 during the pendency of the civil suit vide O.S.No.110 of 2014 before the Junior Civil Judge, at Korutla as illegal arbitrary and violation of principles of natural justice Consequently direct the Respondent No.2 to consider the Representation dated 12-02-2025 of lhe petitioner in accoradance to Law and to cancet the permission vide No's 3s4t}5i KORU/ 1006/ zoziaioioi_iizf on H.No.3-6-100, 3s4t84t KoRU/ 1005/ 2023 dr.o3-01- 2024 on H.No.3-6-.100/2 and 3547801 KoRU/ 1004i 2023 dt.o8-o'r-2024 on H.No.3-6-i00/3 accorded to the Respondent No 3 to 5, in survey No.1206, ord Venkateshwara Tarkies Road, Korutla Village and [4andal, Jagityal District, Telangana. IANO:1OF2 o25 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, tl.,""uigh cor.t ,uv ou pLu."o or"I""a to direct the Respondent No.2 to consider the Re-presenta tion 12-a2-202s ErL; oy the petitioner in accordance to Law and to stop the ilegar .on.trr"tioi oi'tn" Respondent No.3 to 5 as per the permission Nb,s as+zasr xonul robor iozg dt.03-o1-2024 0n H.No.3- 6-100, 354784/ KORU/ 1oo5r 2023 ot.oa_oi_zoz+-on H'No.3-6-100/2 and 354780/ KORU/ 1004/ 2023 dt.08-0.r- 2024 on n.No.s-o- 100/3 in Survey No. 1 206, Old Venkateshwara Talkies Road, Koru,a Viif ,nO "g" Mandal, Jagityal District, Terangana pending disposar of the a6ove *rit p"iitiln.- Counsel for the Petitioner: SRI J. SURESH RAO counsel for the Respondent No.1: Gp FoR MUNrclpAL ADMrNrsrRATloN & URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI PUTTA KRISHNA REDDY, SC FOR MUNICIPALITY The Court made the following: ORDER I HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.SOO1 OF 2025 ORAL ORDER: Heard Mr.J.Suresh Rao, learned counsel for the petitioner, learned Assistarrt Government Pleader for Municipai Administration and Urban Development for respondent No.1 and Mr.Putta Krishna Reddy, learned Standing Counsel for respondent No.2.

2. The petitioner IS claiming that he along with his brothers are the absolute owners and possessors of the open place admeasuring 227.79 square yards ln Sy.No. 1206, situated at Korutla Municipality, Jagityal District, on the strength of a registered gift settlement deed bearing document No.1098 of 2008, dated 10.06.2008. When respondent Nos.3 to 5 interfered with their possession, they filed a suit in O.S.No.11O of 2074 on the lile of the Junior Civil Judge, Korutla, against them seeking perpetual injunction. The said suit is pending. During the pendency of the said suit, respondent Nos.3 to 5 obtained building permit orders and work commencement letters for construction in the subject ) 1 -\ property. The sarne is by way of misrepresentation/ suppression of facts. Therefore, petitioner has submitted a representation dated 12.02.2025 to respondent No.2 with a [equest to revoke the said building permit orders on the ground ol misrepresentation/ suppression of facts. Despite receiving and acknowledging the said representation, respondent No.2 did not act upon the same. Aggrieved by the said inaction of respondent No.2, the petitioner filed the present writ petition

3. Whereas, Mr.Putta Krishna Reddy, learned Standing Counsel for respondent No.2, on instructions, would submit that the said suit was dismissed for default arrd he has no instructions u,ith regard to the restoration of the said suit. However, respondent No.2 will consider the representation dated 72.Oi,.2O25, and. the allegations made by the petitioner that respondent Nos.3 to 5 obtained the aforesaid building permit order and work commencement letter by way of misrepresentation/ suppression of facts, strictly in accordance with the procedure laid down under the Telangana Municipalities Act, 2019 by putting the petitioner and t ( I respondent Nos.3 to 5 on notice and affording them an opportunity of hearing.

4. In the light of the said submission, notice to respondent Nos.3 to 5 is dispensed with. This Writ Petition is disposed of, directing respondent No.2 to consider the representation dated 12.O2.2025 submitted by the petitioner, inspect the site and if the allegations made by the petitioner herein that I I respondent Nos.3 to 5 obtained the aforesaid building permit order and work commencement letter by *ai of misrepresentation/ suppression of facts or by making false statements and that they are proceeding with the construction in deviation to the building permit order and work commencement letter, he shall take action against respondent Nos.3 to 5, strictly in accordance with the procedure laid down under the Telangana Municipalities Act, 2Ol9 by putting the petitioner and respondent Nos.3 to 5 on notice and affording them an opportunity of hearing. However, it is made clear that respondent No.2 can't decide and adjudicate the title disputes between the petitioner and respondent Nos.3 to 5. He shall consider the aforesaid three 1 .1 .-: . aspects onlv. He shall complete the said exercise r,vithin four (4) weeks from the date of receipt of a copy of this Order. In the circumstances of the case, there sha-ll be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPY// ASS SD/. T. JAYASREE TIINT REGISTRAR l...-- SECTION OFFICER 505326 Telangana Secretariat, Hyderabad -500022.

1. The Principal Secretary, MA & UD Department, State of Telanganb, 2. The Commissioner, Korutla [Vlunicipality, Jagityal District, Telangana State - 3. One CC to SRI J SURESH RAO, Advocate IOPUCI 4. ONE CC tO SRI PUTTA KRISHNA REDDY, SC tOr N,IUI'IICIPALITY TOPUC] 5. Two CCs to GP FOR MUNICIPAL ADMINISTRATTON & URBAN DEVELOPMENT. High Court for the State of Telangana. [O[JT] 6. Two CD Copies I To, BN GJP $c- HIGH COURT DATED:1910212025 ORDER WP.No.5001 of 2025 \ -J ., -t, 2 5 AP;r 2m !) -l oESPATC DISPOSING OF THE WRIT PETITION WITHOUT COSTS 3