The High Court · 2025

nstitution of lndia praying that in the therewith, the High Court may be more particularly one in the nature of Writ of [\,4andamus declaring the action of respondent No.3 and 4 in trying to dispo the respondent authorities exclusively sess / demolish the constructions i.e. Precast Fencing Compound Wall and sma No.9, Sai Ram Enclave, Near SN/P Sc Ranga Reddy District, T.S., without consi I ACC Room made in H. No. B-21, Plot ol, Hydershakote, Gandipet tt/andal, ering petitioner explanation dated 13- 02-2025, without giving reasonable opport nity and time and without following the procedure in accordance with law is illega natural justice and violation of law and , arbitrary, contrary to the principles of against the article '14, 19 and 2'l of '-€ constitution of lndia and consequently direct the respondent No.3 and 4 not to dispossess / demolish the constructions i.e. Precast Fencing Compound Wall and small ACC Room made in H.No.B-21, Plot No.9, Sai Ram Enclave, Near S[/P School, Hydershakote, Gandipet N/andal, Ranga Reddy District, T.S. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondent No. 3 and 4 not to dispossess/ demolish the constructions i.e. Precast Fencing Compound Wall and small ACC Room made in H.No.8-21, Plot No.9, Sai Ram Enclave, Near SI\/P School, Hydershakote, Gandipet l\,4andal, Ranga Reddy District, T.S., pending writ petition. Counsel for the Petitioner : SRI B.V.S.S.BALAKRISHNA RANJIT Counsel for the Respondent No.1&2 : GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.3 : SMT.M.BHAGYASRI, SC FOR MC Counsel for the Respondent No.4 : SRI KOWTURU PAVAN KUMAR, SC FOR HYDRAA The Court made the following: ORDER .ltii.tttr'..:.:i;, .-, 8'.-; --:: - .. .-- '. , -/ -,/ THE TION'BLE SRI JUS ICE K. LAKSHMAN WRIT PETITION o.6223 of 2025 ORDER: Heard learned coulls I for petitioner and i : Smt. M. Bhagyasri, learned Sta ding Counsel appearing for -) respondent and Sri Kowt ru Pavan Kumar, learned Standing Counsel for HYDRAA pcars for 4tr' responclent.

2. Petitioner is claiming that e has purchased plot No.9, adrneasuring 266 Sq. yards, in S rvcy Nos.S/1, 812, 813 and 8/5/Part situated at Hydershakot Village, Candipet Mandal, Ranga Reddy District, on the stre gth of a Sale Deed bearing document No.2765 of 1999 dated 12.01 .1999. He has obtained perrnission tiom Gram Panchayat authorities in the year 1999, startcd construction of house and cornpleted ttre construction in the year 2000 and is residing i it. As sorne portion of his vacant land was encroached. he as constructed ACC Room and Precast Fencing Compoun Walt for protection of surroundings of'his house and va ant land. While the rnatter stood tFus, 3'd respon<lent has issu d a show cause notice dated I ) =-\ ",FqFi . ., 1ea:!{:i{r*i 2 KL. .' w P No 6223 o12025 Y-

12.02.2025 to petitioner alleging that during field verification, it was noticed that petitioner has constructed ACC room with Llouse No.8-2, Sai Ram Enclave, situated at Hvdershakote Village of Bandlaguda Jagir Municipal Corporation without obtaining prior pcrmission. Seven days, time was grantecl to petitioner to submit explanation along with copies of relevant documents including building pennission/sanction plan. Accorcling tri petitioner, hc has submitted cxltlanation

13.02.2025 along with rclevant documents. Without considering the same, 3'd rcspondent is trying to dernolish the subject propefty without following due process of law Challenging the said inaction of 3'd respondent, petitioner tiled the present Writ Petition 3 Lcarned Standing Counsel appearing for 3'd respondent, on instructions, would subrnit that 3'd respondent wil[ consider explanation dated 13.02.2025 submitted by petitioner pursuarrt to show cause notice dated 12.02.2025 and pass orders in accordance rvith law. .. ... ..... :, .::. .,, J KL, .J W P.No 6223 of 2025

4. Leamed counsel for 4'h espondent, on instructions. I I would submit that 4'l' respon ent never interf'ered with possession of petitioncr over the bject propcrty.

5. Perusal of the record wo ld reveal that petitioner is claiming that he has submitted planation dated 1 3.02.2025 to show cause notice dated 12.0

2025. But, he has not filed proof of service of the same on 3 respondent. However, in the I said explanation dated 13.02.202 , petitioner has stated that he has constructed ACC room and Precast Fencing Compourrd wall for protection of surroundi gs of his house and vacanf land and same is not causing any arm or rnconveniencc eithcr to l"he public or to the Municipal orporation. Even accord ing to petitioner, he has constructe the said ACC room and compound wall without obtainin prior permission fiom 3'd respondent

6. In the light of the said disc sion, tl.ris Wlit Petition is disposed of directing 3'd respond nt to consider explanation dated 13.02.2025 submitted by p tltloncr ln response to the show cause notice dated 12.02 2025 and pass orders in 4 KI,..J \l P \'n 6123 ot2Or5 accordance with law rvithin fbur (4) weeks fiom the date of receipt of copy o1'this order. Subject to the result of the sarne, 3'd rcspondent shall take action against petitioner in respect of l thc subject propelty. l'here shall be no order as tcl cos[s. Miscellaneous applications, if any pending, shall starrd \ To, 1 2 3 4 5 t) 8 I closed //TRUE COPY/i SD/.V.KAVITHA TANT REGISTRAR A h $p \* i I srcttoN oFFrcER The Principal Secretary, l\,4unicipal Administration lnd Urban Development, State of Telangana, Secretarrat, Hyderabad, T.S. The Commissioner and Director, Ivlunicipal Administration and Urban Development, A.C. Guards, Masab Tank, Hyderabad, T.S. The ttrlunicipal Commissioner, Bandlaguda Jagir [\,4unicipal Ccrporation, Bandlaguda, Ranga Reddy District, T.S. The commissioner, Hyderabad Disaster Response and Asset Protection Agency (HYDRAA), Having its office at 7th floor, Buddha Bhavan Ranigunj side, Tankbund, Hyderabad One CC to SRI B.V.S.S.BALAKRISHNA RANJIT, Advocate. [OPUC] Two CCs to GP FOR IVCPL ADIVIN URBAN DEV, High Court for the State of Telangana. [OUT] One CC to SlVlT.lr4.BHAGYASRl, SC for Bandlaguda Jagir lVlunicipal Corporation [OPUC] One CC to SRI KOWTURU PAVAN KUMAR, SC FOR HYDRAA. [OPUC] Two CD Copies. BSK oGJP ) HIGH COURT DATED:0310312025 B rHE S),1 14: o( 13 rtj6 2t6 '/l (- U 'L ORDER WP.No.6223 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS o\