High Court · 2025

Fetition under Article 226 of the Constitutign of lndia praying that in the circumstances stated in the affidavit filed lherewith' the High Court may be pleased to pass an appropriate' ordpr or direction more particularly one in the nature of WRIT OF CEOTARARI or any Qther appropriate Writ or direction by calling for the records of procee(ings in Ro9 No E-276682/GWMC/Cir- llllPl2O24' Dt. 1B-O2-2O25uis 178' 180 and 181 of Telangana Municipalitie$ Act - 2019 in respect of the property of thq petitioner in house bearing Municipal No 3-1-31 3 part admeasuring '1 33 83 square yards situated as Kakatiya Colony' issued by the 4th Jespondent authority and Hanamkonda, Warangal declared it as illegal, arbitrary' and aiso qS?inst Mun[cipal law and. ":'111 :n" principles of natural lustice and set aside and O uq;;h the same by declaring the proceedings in Roc No E-276682/GWMC/Cir-ll/rPt?024' 'Dt 18:02-2025 ulg '''u't' 178, 180 and lti.l of Telangana tVl u n icipa lities Act _ 20.19 issued by 4th respondent in re;pect of the House bearing Municipal Nrr. 3_1_3.13 past admeasuring 13:1. 33 square yards situated as Kakatiya colony, Hanamkonda, Wqrangal District by declaring it as iltegal and Un_$ustainable unrjer law. lA NO: 1 OF 2025 Petition unCr;r Section 151 CpC prqying that in the circumstanceg stated in support of the petition, the High Cou( may ," ,;;;; in the affidavit fil€)o ptay all further proceedings in Roc, No E:2766B21GWM)l)n_lilqptzq;|., 18.102-2025 u/s 1zti, 180 and 181 pf Jetqpg4na Munlcipatities Ac[, p01g issug( by the 4th respondent authqrity in r"rpuct of lhe house beqring nl!rr,.r[ul Ng.9-1,313 past adneasuring 133.g3 squara yards situated as Kal<afiya Colony, Hanamkonda, Warrrngal District by declaring it as illegal unO ,r_*Strin.bf" under law. el,, pgUnsel for the petitioner: SRt M.SALEEM Counsgl for the Respondent No.1: AAp FgB McpL A0MN URBAN pEV Cgunse! for the Resoondent No.2 !9 4: SRI P4SHAM MOH|TH, Sc FOR GMWe The Court made the following; ORDER ':i. THE HON'BLE SRT JUSTICE K'LAKSHMAN WRIT PETI TION No.5775 0F 2025 ORDER: Heard Sri M' Saleem , leamed counsel for the petitioner' leamed Govt Pleader for Municipal Administration and Urban DeveloPment' and Sri Pasham Mohith' learned counsel appearing for respondent Nos'2 to 4.

2. Perusal of the record would reveal that 3'd respondent has passe<l speaking order dated 18'02'2025 directing the Petitioner to rernove the unauthorize d construction within I 5 daYs'

3. The Petitioner has obtained building permit order dated 24.06.2023.Sri Altam Lakshman Rao and others lodged a complaint with 3'd respondent stating that the petitionet has obtained lay out by misrePresentatton of t-acts. The said comPlaint was not considered Therefore, they have tiled writ petition vide W'P'No'1 1'7'1 of 2024'Yide order dated 16'02'2024' this Courl disposed of the said writ petition directing the 3'd respondent to dispose of the said representation in accordance with law' Thereafter' 4th respondent has issued show cause notice, dated 14'03 '2024 to the petitioner herein seeking explanation' The Petitioner has submitted explanation dated 18'03'2024' On 1 consideration of the same, 3'd respondent has passed speaking order dated 20.04 -1024 directing the petitioner to remove the u,authorized construction. Challenging the said order, the petitioner has filed W.P.No.|t24.l o1- 2024. yid,e order dared 26.04.2024, this Court disposed of t,e said writ petition granting riberly to the petitioner to prefer appeaI under Section 252(l) of the Telangana Municipalities Act, 2019 (for sh.rt, 'tlre Act'). In compliance with the said order, the petitioner has pret-erred an appeal before the 2nd respondent. who in tum, vide order datr:d 03.0g.2024 dismissed the said appea_|. Challenging the said order, the petitioner herein has preferred review daterl 0l .10.2024 with the l" respondent in terms of Section 252 (2,1of the Act. Despite receiving and ,cknowledging the said review petition, l.r rr:spondent is not disposing thc same in accordance with taw. In the meanwhile, 3.d respondent has issued notice dated rg.02.2025 clirecting the oetitioner to rentove the uni.uthorized construction within l5 days. Challenging the said notice. rlr,' neritioner.filed rhe present wrir petition.

4. Learne d Asst.Govt.pleader for Municipal Admini-.,tration and Urban Devel,ll)tncnt, on instructions, would submit that the l.t respondent rvi,l dispose of the review filed under Section 252(2) of the Act by the pctiti,ner herein, strictry in accordance witrr law, 3

5. In the light of the said submission' the writ Petition is disPosed of directing the 1t' respondent to dispose of the review petition frled by the petitioner dated 01 10'2024 within thirty (30) days from the date of receipt of a copy of this order' Till then' speaking order dated 18.02.2025 passed by the 4'h respondent shall not be given effect' Subject to result of the said review, 4th respondent shall take action against the petitioner herein' Libefiy is granted to the petitioner to raise all the contentions/grounds which he has raised in the present writ petition before the review authority and it is for the said authority to consider the same' Consequently, miscellaneous petitions' if any' pending in this wrtt petition, shall stand closed SD/- A. SRINTVASA REDDY AS IS ANT REGISTRAR ,,TRUE COPY// ECTION OFFICER I I l I Ilr I I l To,, Hi.,:!l:llil"?ff::l'gd,yJi+?t',lrl#inistration , Ilil,".,Ilr"rnSrlrrBlfft|;,3-Ym-Appelrate Department Secretariat commisdioner of Municipal

3.TheCommissionerMunicipalCorporation,WarangalDistrict. Kh?zipet' circre - rr' Greater Municiparwarangar Il in::;.5* tf#S;:""6:,1' 5. One CC to SRI M SALEEM' Advocate tO"1"l. 6. one CC to SRt PAE[.|AM 116fllTH' SC FgR GMWC [OPUC] 7 rwo CCs to GP FoR Mq-P^L.APMN URBAN DEV' High Court for the State of ' iH;s;;"'iiYderqbad [oUrl I Two CD CoPies ?* .. ., BSR HIGH COURT DATED: 27102t2025 I I I l I I I I I i { ,, ORDER WP.No.5775 ot 2025 1 :1,: S.i4 L+ 25 t|/tfr M A $r .} :)ssPalcHE * \ /'i: 11 :. \;i 'i.t \:, DISPOSING OF THE WRIT PETITION, WI rton , co.srs ffi":-