High Court · 2025

The State of Telangana, Represented by its Principal Secretary lvlunicipal Administration and'[Jrban D6velopment Department Secretariat, Buildings' Hyderabad. The Greater Warangal Municipal Corporation, Represented by its Commissioner, Hanamkonda, Warangal District. The Deputy Commissioner, GWMC, Division - 52, Kazipet, Circle-ll, Hanamkonda, Warangal district. The Assistant City Planner, Town planning Section, GWMC, division -52, Kazipet, circle-ll, Hanamkonda, Warangal District. The Additional Revenue Inspector, Hanamkonda office, Team Leader for Team No -3, Enforcement squad (Demolition Squad). Sri. Mothe Sundeep Reddy, S/o. Sri. Keshava Reddy Aged about 34^years, Occ. Self Emplolee, Ryo. H. No. 2-7--366, Central Excise Colony, Hanamkonda, Warangal District, Telangana State. ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances siated in the affidavit filed therewith, the High Court may be pleased to issue writ, order, or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the Respondent No. 2 to 5 herein not considering the representation/Repeated complaint dated 17.O2.2025, 29.11.2021 and 06.09.2021 submitted by the petitioner and not discharging their statutory duties for taking action against the illegal and unauthorized construction made by the resprc,n ii:rnt No. 6 at plot No. 58 (part) No. 55/2, z;s per D.P.No. 2912004, to an exten rt 217.5 Sq.yds, or 181.9 Sq. Mts, compriserl in survey No. 10'15 of Hanamko r lz Flevenue village, situated in Ward No. 1 zrncl Block No.7 of Warangal urban I zrlr l, as being illegal, arbitrary, high hande,J apart from being violative of Article 1,+ r '' Constitution of lndia and contrary to the prcvisions of the Telangana lVlunir;ip; li:ies Act 2019, Rl/w Greater Hyderatrad Municipal Corporation Act lA NO: 1 OF 2025 Petition unc€r :i,-.ction 15'1 CPC praying that in the cirr:um,;tances stated in the affidavit file j r r;upport of the petition, the High Court -nay be pleased to direct the responderl r\lo. 2 to 5 to stop the unauthorized and i ,:gal construction undertaken by the re rondent No.6 and further direct the Resp:nJent No. 6 not to make any const"rrc i:n. Counsel for the Petiti rner: SRI T.BALA MOHAN REDDY Counsel for the Res;p rndent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Res;p rndent No.2 to 4: SRt PASHAM MOHITH, SC FOR GWMC Counsel for the Resip'rndent No.5: AGP FOR REVENUE The Court made the f rllowing: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.5316 of 2025 ORDER: Heard Sri T. Ba_la Mohal Reddy, learned counsel for the petitioner and Sri Pasham Mohith, learned standing counsel appearing for respondent Nos.2 to 4, learned Assistant Government Pleader for Revenue appearing for respondent No.5. Perused the record.

2. Petitioner herein is claiming that he is absolute owner and possessor of open plot bearing No.58 (part) (No.55/2 as per D.P.No.29l2OO4) to an extent of 2t7.SO square yards 1n Sy.No.1015 at Hanamkonda Village situated at Ward No. 1 and Block No.7, Hanamkonda, Warangal City which is KUDA Approved Layout plot vide D.P.No.29/2004 on the strength of a registered sale deed bearing document No.6238 of 2Ol1 dated 28.07.2011. 6th respondent is proceeding with the construction in the said property and he is interfering with the possession of the petitioner over the said property. Therefore, KL,J , i il. i.J i6 ol2025 2 petitioner hi.; filed a suit in O.S.No.1358 o1-',.1,021 for perpetual ir irrnction against 6h respondent i,tnd two others. IIe I ';,s hled an interlocutory applicarion seeking interim i15r- nction. The said petition and ,;uit are pending. :[ r:ring the pendency of the saicl r;uit, 6th respondent , proceeding with the construction without obtaining 1>r rrnission from the respondent Nos.2 to 4. Therefore,, I : has submitted representatic,nr,; dated 06 .O9 .2021 , |29 .17 .2027 and 17 .O2.2O25 to the 3.d respondent,vrth a request to take action against respondent io.6 for making construction o1- AOC shed without oll.-a ining permission from 3'd responde,nt. On receipt o1- t h . said representations, 3.d respo nd ent has issued shc,rv' r,luse notice dated 15.02.2025 direrting the 6th responde:1- to stop further construction and submit explanatior ',ithin (07) days. He has not sulrrnilled any explanatio n. F)ven then, 3.a respondent is not ltroceeding further I-o r.;top construction being madr: by 6tn respondeni 'Lnauthorizedly. Aggrieved by the said in I KI,J W.P-No.5316 of2O25 J action of 3rd respondent, petitioner has filed the present writ petition.

3. Whereas, Sri Pasham Mohithj learned standing counsel appearing for respondent Nos.2 to 4 on instructions would submit that 3'd respondent will tal<e action against the 6th respondent for the unauthorized constmction of ACC shed pursuant to show cause notice dated 15.02.2025 and take action against thp 6th respondent strictly in accordance with the procedure laid down under the Telangana Municipalities Act,2019. He will not consider inter-se disputes between the petitioner and 6th respondent.

4. In the light of the said submission, notice to \ ( respondent No.6 is dispensed with. \

5. In view of the foregoing discussion, this writ petition is disposed of directing the 3.d respondent to take further action against the 6th respondent pursuant to show cause notice dated 15.02.2025 strictly in accordance with the procedure laid down under the Telangana Municipalities KL,J \\ P \o.:116 o12025 4 Act, 2019 b1'p. rting the petitioner and 6th resp()11d'3nt on notice and zLf ording them an opportunitl' oi hr':aring' ,-oade clear that 3'd respbndent r;hrrll not However, tt ts; adjudicate/irLt the petition:r propertY. IIt: with regard 1rl 6th responden rrfere with the inter-se disputers br:tween and 6th respond'ent with regard trl r';ubject ';hall confine his enquiry and action only -rnauthorized construction of ACC shed by . without obtaining prior permission from respondent I'lt :;.2 to 4.

6. With -ht disposed of, ' aforesaid directions, this writ petition is 'tiere shall be no order as to costs' / . As il se(l . el, miscellaneous petitions, if an1 pending in the Wrir ['e .ition shall stand closed. //TRUE COPY// SD/-V.KAVITHA ,.ASEISTANT REGISTRAR I SE.]TION OFFICER Ii.- I \l To,

1. The PrinciPal ( Department li:( 2. The Commis;s ic Waranga! Di;1ri 3. The DePutl t Hanamkondlr, V

4. The Assistan KaziPet, circ e-l 5. The Additionr:l Team No '3, [:r 6. one CC to S Ftl 7. One CC to S Ftl e,:retarv Municipal Administration and-UrL'an Development l. ,ir-rirt,' guildinq's, Hyderabad, State or Telartgana' ^er, Greater Warangal Municipal Corooration' Hanamkonda' 1 ommissioner, GWMC, Division - 52, lia2:'ipet, Circle-ll' Iarangal district. - itv Planner, Town planning Section, GW!\4C1, division -52' ljanamkonda. Warangal District. l.evenue lnsoector, Hanamkonda office leram Leader for 'rrcement sqJad (Demolition Squad)' LBALA MOHAN REDDY, Advocate [OPUC] ),\SHAM MOHITH, SC FOR GWMC [OPUCI v

8. Two CCs to GP FOR MCPL ADMN URBAN DEV, High Court for the State of Telangana at Hyderabad [OUT]

9. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUTJ I

10.Two CD Copies BSR HIGH COUR'T DATED: 211422025 \ I ORDER WP.No.5316 o12025 ( t$ t=r-t\ l0ii ; l )l t J3 27 tl*' i D pal r ,L .A L,cl .y'' I l DISPOSING OItr THE WRIT PETITION, WITHOUT CO:IiTS \l f' ,i 1 ^L ;