High Court · 2025

3. Veerabathini'srinivas, S/o.Lingam, Aged about 50 years, Occ ; Business, Rl/o.H.No.1-5-'17l1 , Arvind Nagar, Jagtial, Jagtial District. .....RESPONDENTS Petition Under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction, more particularly a writ in the nature of mandamus declare the Notice dated 15.02.2025 bearing No. '1 36/G1lMCJ/2O25 issued by Respondent No. 2 and the further action of the Respondent No. 2 in interfering with the construction activity being undertaken by the Petitioner over his land ad-measuring 452 Sq yards (408 sq yards physically available on ground) bearing PIot No. '1 in Sy. No. 413. Mothe Village. Jagtial Mandal and District bearing VLT Municipal. No. 1-5-13/A (Subject Property) as being wholly without jurisdiction, contrary to the provisions of the Telangana Municipalities Act, 2019, and the Telangana State Building Permission Approval and Self Certification System (TS-bPASS) Acl, 2O2O, arbitrary and u nconstitutio na I and ,_=__-_G:=:a consequen y set aside the Notice dated bv Responde" *" ff::H::i':: J1:: bv the petitioner over,r" ;:J""j:J::"t:; I: *'"*"tion activitv beins undertaken "u":3'ii!,",i""1,::, l.A. NO :1 OF 2025 in tn" liitjtjou,l;::::.:",","" direct the Respondent N 151 cpc prayins that in the circumstances stated ppo( of the petition' the High court may oe pteas"o to the construct on act v ty nTffi:;"l'#:# I:;ffi:J::y ;:f* :: measuring 452 sq yaros (408 sq yards physicary avairabre on ground) bearing PIot No. 1 in Sy. No. 413, Mothe Village, Jagtiat Mar IUunicipal. No. 1-S-13/A pursuant to building ,"rr,:::;::ffT:;H:::l letter for commencement of work dated 1g.0g.2024 issued by Respondent No.2. t.A. NO :2O F2025 petition Under Se i 51 CpC praying that in the circumsta nces stated in the affidavit fif eO in s, of the petition' the High cou( may ou pt"""ua to stay a[ further proceeo,f"on 1 3 6 t c 1 / Mc r / 2.r r,.","1t'r';:::::t;:T"):r,"" d ated 1 5. 02 202s oea rinl ruo Counset for the petitioner : SRI MOHAMMED OMER FAROOQ 3Eilli#.#1,?Respondent No.l : Gp FoR McpL ADMN AND uRBAN Counset for the Respondent No.2 : SRI pUTTA KRISHNA REDDY Counsel for the Respondent No.3 : _ The Court at the stage of admission made the foltowing ORDER I I Il ,-u- ,/ HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.4969 of 2o25 ORDER: Heard learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No. 1 and Sri Putta Krishna Reddy, learned Standing Counsel appearing for respondent No.2. Perused the record. I

2. In view of nature of relief sought by the petitioner, this Writ Petition is disposed of at the admission stage dispensing with notice to respondent No.3.

3. Petitioner is claiming that he is the absolute owner and possessor of bearing plot No.1 admeasuring 452 Sq.yds (Physicaliy available on ground 408 Sq.yds alter deducting the road affected area) 1n Sy.No.413, situated at Mothe Village within respondent No.2-Municipality, on the strength of a registered partition deed bearing document No.2188 of 2012, dated 16.12.2012. He has obtained building permit order, dated 12.O8.2024 lor construction of residential house consisting of stilt for parking and 3 upper I KL,J .. W.P.No.4969 of 2025 ) .proceeding floors and he has also obtained work commencement letter' dated 19.08 -2024. According to learned counsel' petitioner with construction strictly in accordance with the building permit order and work commencement letter and there is no deviation' Even then' on the complaint lodged by respondent No'3, respondent No'2 directed the petitioner to stop the construction and also issued notice' dated t5.O2-2O25 directing the petitioner to submit documents including the aforesaid partition deed and other documents. Three (3) days time was granted to the petitioner to submit the said documents'

4. l,e arned counsel for the petitioner' on instructions' wouldsubmitthatthepetitionerhasalreadyuploadedcopy of the said partition deed along q/ith his application seeking building permission under TS-bPASS and he has also made selfcertificationandselfdeclaration.RespondentNo.2did not consider the contents of the partition deed etc' There is no suppression of fact by the petitioner herein while obtaining the said building permit order and work commencement ietter. Suit Schedule Property in I \ \ I [' I I KI-.J W.P.No.4969 of'2025 -) O.S.No.267 of 2018 is different to the subject property in which petitioner is making construction. He has also placed reliance on the aforesaid partition deed. Even then, without waiting lor explanation and submission of documents as sought by respondent No.2 vide notice, dated 15.O2.2025 at the instance of respondent No.3, who is an ex-councilor, respondent No.2 came to the site on 17.02.2025 and requested the petitioner to stop construction. The same is i11egal.

5. Perusal of record would reveal that one Sri Alisheeti Eshwaraiah had filed a suit vide O.S.No.271 of 20 18 against the petitioner herein seeking perpetual injunction in respect of open plot admeasuring 371 Sq.yds in Sy.No.4 13/A and house No.1-5-15/3/A situated at Mothe Shivar within respondent No.2-Municipality. The said suit is pending.

6. It is the specific contention of the petitioner herein that the suit schedule property is different to the property where the petitioner is making construction on obtaining W.P.No.4969 of 2025 -t permission from respondent No.2. In support of the same, he placed reliance on the partition deed more particularly the boundaries.

7. Hower.r'r, petitioner has to submit explanation and copies of the documents as sought by respondent No,2 vide notice, datecl 15.02.2024 and it is for respondent No.2 to consider the said aspects. Petitioner has to make construction strictly in accordance with the building permit order and u'c,rk of commencement letter.

8. It is apt to note that the petitioner has obtained building perrnission and work commencement letter by way of submitting application under TS-bPASS by way of self declaration and self certihcation by uploading all the documents. Respondent No.2 shall consider prima facie title and possession of the petitioner over the subject property while considering the application for grant of building permission. Respondent No.2 wili consider the following thrt:e aspects after post verihcation: 1) Misre'presentation / suppressing of facts I I KL,J W.P.No.4969 of 2025 5 2) False statements if any, made by the petitioner. 3) Deviations in construction to the building permit order and work commencement letter. These aspects respondent No.2 will not go into it.

9. In the light of the said discussion, this Writ Petition is disposed of directing the petitioner to submit documents as sought by respondent No.2 pursuant to the notice, dated

15.02.2025 within one (1) week from today. Responddnt , I No.2 shall consider the same and pass appropriate orders in accordance with law by putting the petitioner and respondent No.3 on notice and affording them an t I l-r I I opportunity of hearing. Respondent No.2 shall consider the aforesaid aspects. Respondent No.2 cannot consider the title disputes and decide. If there is any suppression/misrepresentation of facts, false statements if any made by respondent No.3 and deviation in construction to the building permit order, respondent No.2 can consider. Other aspects respondent No.2 cannot consider. However, petitioner shall proceed with the construction strictly in accordance with the building permit order and work K 'W.P.No.'1969 of 2025 6 commencemr:nt letter, failing which, liberty is granted to respondent No.2 to take action against the petitioner in accordance v'ith iaw. No costs. As a st'quel thereto, miscellaneous petitions, if any, pending in the Writ Petition shail stand closed. //TRUE COPY// SD/-MOHD. ISMAIL ASSISTANT REGISTRAR vJu CTION OFFICER To \

1. The Principal Secretary to Government, Municipal Administration and Urban Development Department Secretariat State of Telanganaa t Hyderabad T.S-

2. The Commissioner, Jagtial Municipality, Office of the Municipal Council, I Jagtial District, Jagtial.

3. Two CCs to GP FOR MCPL ADMN AND URBAN DEVELOPMENT, High Court for theiIitate of Telangana at Hyderabad. [OUTI

4. One CC to SRI MOHAMMED OMER FAROOQ, Advocate IOPUC] 5. One CC to SRI PUTTA KRISHNA REDDY, Advocate (OPUC) 6. Two CD Copit;s SA BSv i I , I ( t, t V+ H1 9rA r ()a 72 t: E E 2[25 s a c.o z c .t { t HIGH COURT DATED:1910212025 ORDER WP.No.4969 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. @ d lat