Sri Shyamrao Prashanth Kumar v. 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 ...RESPONDENTS 2 J 4 pleased to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondenls Nos. 2 to 5 in not demolishing the illegal and unauthorized construction being carried out by the Respondent Nos. 6 to 9 without obtaining permission by encroaching upon the Government Land in Sy No.S16 situated at Vangapahad, Hasanparthy Mandal, Hanumakonda District is illegal, arbitrary and violation of principles of Natural Justice, apart from violation of Articles 14 and 300-A of Constitution of lndia and consequently direrl the respondent Nos.2 to 5 to demolish the illegal and unauthorized construction being carried out by the Respondent Nos. 6 to g without obtaining permission by encroaching upon the Government Land in Sy No. 516 situated at Vangapahad, Hasanparthy lvlandal, Hanumakonda District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstanqgs stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent Nos.2 to 5 to demolish the illegal and unauthorized construction being carried out b)/ the Respondent Nos. 6 to g without obtlhing permission by encroaching upon the Government Land in Sy No. 516 situated at Vangapahad, Hasanparthy [\r1andal, Hanumakonda District, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI RAMAVARAM CHANDRASHEI(AR REDDY Counsel for the Respondent No.1: AGP FOR MCPL ADMN URBAN DEV Counsel for the Res;pondent Nos.2 and 5: GP FOR REVENUE Counsel forthe Respondent Nos.3 and 4: SRI PASHAM MOHITH, SC The Court made the following: ORDER ='-7 ,/ HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.5172 of 2025 ORDER: Heard learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No. 1, learned Assistant Government Pleader of Revenue appearing for respondent Nos.2 and 5 and Sri Pasham Mohith, learned Standing Counsel app<iaring for respondent Nos.3 and 4. Perused the record. ,

2. In view of the nature of relief sought by the petitioner, this Writ Petition is disposed of at the admission stage dispensing with notice to respondent Nos.6 to 9.

3. Petitioner is resident of Vangapahad Village within respondent No.3-Municipal Corporation. According to him, respondent Nos.6 to 9 are proceeding with construction in Government Land in Sy.No.516 of Vangapahad Village. Therefore, petitioner has submitted a representation, dated O7.1O.2O24 to respondent No.2 with a request to take I KL,J w P.No.sI72 of 2025 7 action against respondent Nos.6 to 9. Petitioner is a-lso placing reliance on the information furnished by respondent No.5 to respondent No.3 vide proceedings Rc. No.B/ 22BO / 24, dated 19. | 1.2024. Despite receiving and acknowledg:ng the said information, respondent No.3 did not act upon the same. Aggrieved by the said inaction of respondent No.3, petitioner hled the present writ petition.

4. Whereas, Sri Pasham Mohith, learned Staiiding Counsel appearing for respondent Nos.3 and 4 has produced written instructions of the Deputy Co{nmissioner, Kazipet, Circle-ll of respondent No.3-Municipality, wherein it is stated that on receipt of the said complaint and information of respondent No.5, on verihcation of the document, it has been noticed that the then Gram Panchayath, Vangaphad, allotted house number 5-184/ 1 in favour of respondent No.6 and the same house ntrmber was continued in Municipal records i.e., 5-184/1 (G.P H.No.) 51-5583 (GWMC house number). Therefore, he has requested respondent No.S to verify the pattadar pass book / I(L.J W-P.No.5I72 of 2025 -1 along with survey number with revenue records and take further necessary action in the matter. The said letter, dated O7.O2.2O25 passed by the Deputy Commissioner to respondent No.5 is placed on record.

5. Sri Pasham Mohith, learned Standing Counsel appearing for respondent Nos.3 and 4 would further submit that on receipt of further information from respondent No.5, respondent No.3 will take action against respondent Nos.6 to 9 strictly in accordance with the procedure laid down under the Telangana Municipalities Act,/ 2019, by putting the petitioner and respondent Nos.6 to 9 on notice and affording them arr opportunity of hearing.

6. In the light of the said submissions, this Writ petition is disposed of directing respondent No.3 to consider the representation, dated OZ.IO.2O24 submitted by the petitioner, information, dated 19.11.2024 of respondent No.5 and further information if arry submitted by respondent No.5 pursuant to the letter, dated 07.O2.2O25 and take action strictly in accordance with the procedure I I l: 4 KL,J !r' P No.il72 of 2025 o laid down under the Act, 2Ol9 by putting the petitioner and respondent Nos.6 to 9 on notice and affording them an opportunity of hearing. In the meanwhile, respondent No.5 is also directed to furnish information to the Deputy Commissioner, Kazipet Circle-ll of respondent No.3 as sought by him vide his letter, dated 7.O2.2O25 within two (2) weeks from the date of receipt of copy of this order. However, respondent No.3 shall complete the said exegcise within a period of six (6) weeks from the date of receipt of a copy of this order. There shall be no order as to cpsts. As a se<1uel, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. ,TRUE COPY' SDr-A.V.S.PRASAD ASSISTANT REGISTRAR / r\u 'rJ Uec TION OFFICER The Principal Secretary, Municipal Administration and Urban Development Department, The State of Telangana, Secretariat at Hyderabad. The District Collector - Hanumakonda, Hanumakonda District The Commissioner, The Greater Warangal Municipal Corporation, Warangal Municipality, Warangal Urban District. The Town Planning Officer, Warangal Municipality, Warangal Urban District. The Tahsildar - Hasaparthy, Hasanparthy Mandal, Hanumakonda District. One CC to Sri Ramavaram Chandrashekar Reddy, Advocate [OPUC] Two CCs to GF' for Municipal Administration Urban Development, High Court for the State of Telangana, at Hyderabad [OUT] Two CC to The ,3P for Revenue, High Court for the State of Telangana, at Hyderabad[OUT] One CC to Sri Pasham Mohith, SC [OPUC] Two CD Copies To, 1 2 3 4( r) 7 8 \

9. 10 TJ GJP d_ d HIGH COURT DATED:20101?.12025 ORDER WP.No.5172 of 2025 H1 S TE A r4r t o o 10 ii$ 2fl25' a -b * l)€' () DISPOSING OF THE WRIT PETITION WITHOUT COSTS -ic n;]rt"' t) \o i t:t . ! l l I