The High Court · 2025
Case Details
Acts & Sections
THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION NO: 5976 OF 2025 Between: Md. Omer, S/o. Md Rafi Aged about 31 years, Occ: Business R/o H No 21- ib, Lliiriiip"i Stiu.t, rrltlrtfiar vrllage, Mai(thal Village, Mahabubnagar District' ...PETITIONER AND 1. The State of Telangana, Represented by its Principal Secretary, Municipal ' nlminliiiaiion & uiban oevEiopment D6partment secretariat, Hyderabad
2. The District Collector, Narayanpet, Niarayanpet, District' 3. The Municipal Commissioner, Makthal, Municipality, Makthal' Narayanpet' District.
4. The Sub Registrar Office, Maktal, Narayanpet District' 5. The Tahsildar, Maktal Mandal, Maktbl, Maktal, Narayanpet District' 6. Gavinolla Laxma Reddy, S/o Yella Reddy Gavinolla, 49.e-.h{?ior' Occ-' - u;fiffi R/o. n.r"ro.a-20, Sangamband'a Village, Itilakthal Mandal' NarayanPet Dist.
7. MaliDatel Anil Kumar ReddY Unkhown. Rl/o. H.No. 3-'132 509208 S/o Sudhakar ReddY, Age- Major, Occ- Chinnaporla, Utkoor Mandal, Narayanpet Utst-
8. Bilakanti Ramakrishna, S/o Bilakanti Rajestrwar' Age- Maior' Occ- Unknown' -sanga'6anda hoad' Makthal' R/o. H No 4-13st4, ru.* silijlilditoni, NarayanPet Dist. 509208
9. Gavinolla Radha, D/o. KishtaReddy, Age- rylqjg1, Occ- Unknow4' Rio' H'No' ' ti6';'5;s;;uihoJ Vitlage, Makthal Mandal; Naravanpet Dist' 10. N/alipatel Bheemeshwar Reddy, S/o. Malipatel.su_rendar Reddy, Age-. Major, '" #;:U;ffi;", nv". pr"t t'lo7i ano 74, Flat No 507, Chasthurbhuja Homes' XJi,oE'b"t-i'iibrl-d Apti, LJdit." c,rd6ns, Kondapur' KV Ranga Reddv Dist- 500084. 'll.MalipatelRadhika,Wo.MalipatelBheemeshwarReddy,Age-Major'Occ- ' ' ii;kil',vn, iilo Fl,it rlo. 73 aid74, Flat No 507, chasthrrrbhuia Homes' Beside Casa Rouge nptsl.Jio;l"" builtni, xohdapur, K V (anga Reddy Dist- 500084. ...RESPONDENTS 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 an appropriate Writ, Order or Direction, more particularly one in the nature of Wril of lvlandamus declaring the inaction of the Respondents, more particularly the Respondent No.3 on the show cause notices dated 04.02.2025 issued to the Rr-=spondent Nos.6 to g, thereby not cancelling the building permissions granted to the Respondent Nos. 6 to g vide Letter of Approval for commencement of work dated O7.01.2025 with resped to Petitioner property totally admeasuring 208.3 Sq.Yds (66.66 + 141.66) in Sy.No.4, situated at Makthal, Narayanpet District as unreasonable, discriminatory, arbitrary violation of Article 14 and 21 and 300-4 of the Constitution of lndia and co;sequently direct the Respondent No.3 to act upon the show cause notices dated 04.02.2025 issuerj to the Respondent Nos. 6 to Q, thereby cancel the building permissions granled to the Respondent Nos. 6 to g vide Letter of Appfovai for commencement of work dated 07.01.2025. lA NO: 1 OF 2025 Petition uncler Section '151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the ResponCent No.3 to stop the further construction work caried out by the Respondent No. 6 to 9 by suspending the of Approvals for commencement ot work dated 07.01.2025 issued in favour Respondent No. 6 io 9. .Letter Counsel for the Petitioner: SRI S. GOUTHAM counsel for the Respondent No.1: GP FOR MUNlctpAL ADMINISTRATIQN & URBAN DEVELOPMENT Counsel for the Respondent No.2,4 & 5: ASST. GP FOR REVENUE Counsel for the Respondent No.3: SRI PUTTA KRISHNA REDDY, SC FOR MUNICIPALITY Counsel for the Respondent No.6 to 1 1: - - - - The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K. LAISHMAN WRIT PETITI ON No. 5976 0F 2025 ORDER: Heard Sri S.Goutham, learned counsel for the petitioner, Sri Putta Krishna Reddy' Iearned Standing Counsel appearing for 3'd respondent and learned Assistant GovernmentPleaderforRevenueforrespondentNos.2,4and 5
2. Petitioner is claiming that he is the absolute owner and possessor of two open plots admeasuring 141'66 square yards and 66'66 square yards totally admeasuring situated at Makthal 208.3 square Yards in SurveY No'4' District, within 3'd Village and Mandal, NaraYanPet respondent Municipality on the strength of a registered sale deed. uideDocument No'2380 of 2018 daled 12'07 '2018'
3. This Court uide order dated 21 ' 1 1'2O 13 in A.S.M.P.No.1946 of 2Ol3 in A'S'No'686 of 2013 granted interim injunction restraining Sri Seshadri and Sri Surender Reddy, father of l Otr' respondent and father-in-law of 1lth -)- I t i i 2 - respondent, from alienating or creating third party interest over thr: suit schedule property. Accordi:rg to the petitioner, the said first appeal is pending and the said interim order is subsisting. During the pendency of the said lirst appeal and subsistence of the said interim order, respondent Nos.6 to 11 have obtained building permit orders from 3rd respondent and proceeding with the construction in the aforesaid land belongs to the petitioner. Therefor.e, petitioner has submitted representations to 3.d respond ent witir a request to take action against respondent Ncs.6 to 11. 3.d respondent has issued show cause notices ali dated 04 .02.21)25 to respondent Nos.6 to 1 1 rvith a clirection to submit all the documents including title documents, etc., and also to stop construction. Eve:r then, they are proceed:.ng with the construction. Therr:fore, aggrieved by the said inaction of 3.d respondent, petitioner has hled the present writ petition.
4. Whereas, Sri Putta Krishnzr Reddy, learned Starding Counsel appearing for 3.d respondent has produced written instructions of 3.d respondent wherein it is stated 3 that petitioner has hled a suit uide O'S'No' 130 of 2024 against respondent No'10 and two others for perpetual injunction and the sarne was decreed' However' respondent Nos.6 to 11 have already submitted their explan ations dated 1O.O2.2O25. 3'd respondent will consider the aforesaid facts and the explanations submitted by respondent Nos'6 to 11 and take action strictly in accordance with the procedure laid down under the Telangana Municipalities Act' 2019 by putting the petitioner and respondent Nos'6 to 11 on notice and affording them an opportunity of hearing'
5. In the light of the said submission' notice to respondent Nos.6 to 11 is dispensed with' respondent
6. This Writ Petition is disposed of directing 3'd to consider the show cause notices dated explanations dated 10'O2'2025 submitted by 04.o2.2025, respondent Nos.6 to 11 and take action against respondent Nos.6 to 11 strictly in accordalce with the procedure laid down under the Telangana Municipalities Act' 2019 by putting the petitioner and respondent Nos'6 to 1 1 on notice ald afford-ing them an opportunity of hearing' He shall 4 - complete the sajd exercise within a periocl of four (04) weeks from the date of receipt of a copy of this order. N{iscellaneous petitions pending, iI any, shall stand closed. 'l'here shall be no order as to costs. To, //TRUE COPY// SD/.A.V.S. PRASAD ASSISTANT REG/TRAR SECTION OFFICER 4 b 7 o. ; ffir,tr*#tr#*ft#*id;itu:dfiii1,i1#,r# -#' ffi,iHsii-F-ffi r,;i#r*turffi **i,**, iEi,.".?JR Pfif?[Y3]J? lAL AD-A/INIsrRArIoN & uRBAN -cb"C,ffi ' nrsrr uoun tor the state of Telangana. [oUTj Jil-; BSr 10
9. HIGH COURT DATED:27tO2tZOZs i I CC TODAY ORDER WP.No.S976 of 2025 it \e S tA,'€: )(\ J o 0 3 !(t'n ilffi + ESI) ,T c$ P ? o .b * .DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,/5 /z /t /25 J