High Court · 2025

THE HONOURABLE SRI JUSTICE K'LAKSHMAN WRIT PETITI ONN O: 5083 0F 2025 Between: *ill Ht'$',3ir1' H," iil"umliohoa citY and District' i, of '3., 5'J? : Sureendranath, Vijaya Talkies Aged Road, 59 vears, Occ. Pinjerla Street, ...PETITIONER AND ,milP"i3l?,?l"l"ji!',3lt1IsB;:|"$i,,:liBsfiliiTfi 133;Y"1l"i,?t''"0,"n., , +il3%?33,t"rwarangal Municipal corporation' ReP' bv its commissioner' :li,;mm"P,lti,;;'t:t#tiHti$*g;dnf:nlfraiifi*u*'' ...RESPoNDENTS sooboz 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 a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in issuing the impugned Notice vide Roc No'DCiO3/GWMC/T'P'/DlV/07/ClR-ll/2024' 01 .O2.2[z5calling upon the petitioner to remove the deviated and unauthorized construction portion in the House property consisting of Ground, First and Second Floors bearing M Nos 6-2-316 (New) pan' 61247 (Old)' 6-2-317 (New)' 6t247-A(ord), 6-2-318 (New), 6-247-8 (old), 6-2-319 (New), 6/247-c (old)' 6-2- 320 (New), 6t247-D(Old)' 6-2-32011 (New) @an) 61247'D (Old) 6-2-321 (New)' 61247-D-1(Old), situated at Pinlerla Street' Hanumakonda City and District as highly illegal, arbitrary and violative of principles of natural iustice' apart from violativeofArticle300-AoftheConstitutiono{lndia,consequentlysetasidethe , IA NO:10F 2025 Petition under section i s1 cpc praying that in the circumstances stated in the affidavit firecr in support of the petition, the High court may be preased to suspend the operation of the impugned_ Notice issued by the 3.1 .d respondent vide Roc No'DC/,3/.*MC/T.p.tDrvtoTtc rR-rt2024, dated 01 .02.2025, pending disposal of the writ petition. 1A NO 20F 2025 Petition under Section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High C)ourt may be pleased to direct the respond()nt not to take any coercive steps for demorition of any structures in the property House property consisting of Ground, First and second Floors bearing M.Nos. 6_2_316 (New) patl,6t247 (Old), 6-2-318 (Nev\r, 6_247_8 (Otd), 6_2_319 (New), 6t241_C (Otd), 6-2_320 (New), 61247-D (Otd), 6_2_320t1 (New) (part) 6t247_D (Otd) 6_2_321 (New), 6r247-D-1 (OId)' situated at pinjerra street, Hanumakonda city and District, pending disposal of the writ petition. 1O,01, U_r_r.r, (New),61247_A Counsel for the petitioner: SRI Dr. RAVI KUMAR N Counset for the Respondent No.1: AGp idn frtpl aDMN & uRBAN DEV counser for the Responoent Nos.z iJ, iiiiiilin,, MoHrrH, sc FOR cwMc The Court made the foilowing: ORDER HON'BLE SRI WSTICE K. LAKSHMAN WRIT PETITION No.5083 of2025 ORDER: Heard learned counsel for the petitioner' learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Sri Pasham Mohith' learned Standing Counsel appearing for respondent Nos'2 anA 3' Perused the record.

2. Petitioner herein has obtained building permit order, d,ated' 21.09-2022 for construction of 1 Stilt + 3 upper floors. There is deviation in construction of the said building permit order' Therefore' respondent No'3 has issued show cause notice' dated 1'l'L2'2O24 specifically mentioning the setbacks and deviations in tabular form. Seven (7) days time was granted to the petitioner to submit explanation' Petitioner has submitted an explanation, dated 13'12'2024 stating that she will recti$'/correct the said deviations' The same was W.P.N o.5083 of 2O2 K \1 2 not rectified/corrected. Therefore, vide intimation, dated O7.O2.2O25, respondent No.3 directed the petitioner to remove the unauth orized, construction. Challenging the said order, petitioner filed the present writ petition.

3. Learned counsel for the petitioner would submit that the pe:titioner will recti$r the setLracks. She has already remr>ved the setbacks in stilt floor.

4. Though the petitioner vide her explanation, dated 13.o2.2025 specihcally informed respondent No.3 that she will rec:tisr/correct the deviations, she has not corrected/rectified the same. She has also not stated the said fact in the writ affidavit.

5. Perusal of the tmpugned intimation, dated 07.O2.2O25 ol respondent No.3 would revea.l that on the complaint of Sri Lingabathini Krishna, dated Oi. 12.2024, the intimation was passed after issuance of notice, dated Ll.12.2024 and on receipt of explanation, dated 73.12.2024. Erren then, petitioner.Iiled the present writ KL,J W.P.No:5083 of 2025 3 petition without making Lingabathini Krishna as party to the present writ petition. In fact, the present writ petition is liable to be dismissed only on the said ground' However' impugned intimation is an appealable order' Petitioner has to prefer arr appeal in terms of Section 252 lll of the Telangana Municipalities Actn 2Ot9 (for short 'the Act' 2O19')' It is not the case of the petitioner herein that the impugned intimationispassedinviolationoftheprinciplesof natural justice and the procedure laid down under the Lct, 2Ot9 to maintain the present writ petition despite availability of alternative remedy of appeal' In the light of the same, this Writ Petition is liable to be dismissed' learned counsel for the petitioner 6. At this stage, seeks Protection for two (2) weeks contending that the petitioner rs running a hospital' Considering the said aspects, this Writ Petition is disposed of granting liberty to the petitioner to prefer an appeal in terms of Section 252(ll of the Act,2Ol9, by challq5rging the intimation' i I I i I ,,1 I 'W.P.No.5083 of 2 4 dated 0i.0:2 .2025 before the Regional Director/.Appellate Authority c,f,ncerned within ten (10) days from the date of receipt of eL copy of this order, failing rvhich, liberty is granted to respondent No.3 to take action against the petitioner pursuant to the said building permit order, dated 21.O9.2022. Till then, impugned intimation, dated o7.o2.2o2s shall not be given effect. There shall be no order as to c,rsts. As a se<1uel, miscellaneous petitions, if any, pending in the Writ pe:tition shall stand closed. ,,,RUE copy, ^3.3[ihk+['g8ii?AiH ,- To .r. The principar seorerarv jffi,';r-n+Hrsnfl#m,'iffilrft.*r*,;ffi t/ sec}oru orrrcen ; 3 fff 33.1?,t5l?l"mx{[i4fift,U-^Jf,.fffiS??:BL. .o,n ror the state 6. one CC to SRt pnSunU rrrtOfirfrf,,sc FoR GWMC topucl 7. Two CD Copies of Telangana, al llvderaoact tot tn PSK. GJP I HIGH COUFTT DATED:20 tO2t2O2S ORDER WP.No.5083,of 2O2S .DISPOSING OF THE WRIT PETITION WTHOUT COSTS ,tt , ,( J o ) 1 HE Sr4 [6 0 6 rilAR 2025 * .aeS P,\r Ct\9O z aId t