✦ High Court of India · 03 Mar 2025

High Court · 2025

Case Details High Court of India · 03 Mar 2025
Court
High Court of India
Decided
03 Mar 2025
Length
1,131 words

Petition under section -151 cPC praying that in the circumstances stated in the affidavit fired in support of the writ petition, the High court may be preased to direct the respondr:nts 2 to 6 herein to take further steps to remove the iregar construction of the structures in H.No.g-75l1 , abutting H No.g-75, situated at Main Road, Thorrur -fown and Municipality, Mahabubabad District, as per the Notices vide F No c'1rc4^-Jcr2o25, dated 04-01 .2025, No.Gl/...trMCr2025, dated 30 01 2025 and No c't16rrMcr2025, dated 1g.o2.2025,pending disposar of the writ petition. Counsel for the petitic,ner: SRt ANIL REDDY RAMASAHAYAM Counsel for the Respondent No.1: Gp FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2 & 4: Gp FOR REVENUE Counsel for the Respordent No.3 & 5: SRI PUTTA KRISHNA REDDY, SC FOR MCPL Counsel for the Resporrdent No.6: Gp FOR HOME The Court made the fol owing: ORDER i l I /'c THB HON'BLB SRI JUSTICE K. LAKSHMAN WRIT PETTTI ON No.6237 of 2025 ORDER: Heard learned counsel for petitioners and Sri Putta Krishna Reddy, learned Standing Counsel appearing for 3'd respondent.

2. Petitioners are claiming that they are in conttnuous possession and enjoyment of properly bearing House No'9'-76, admeasuring 452 Sq. yards, in Survey No'513, situated at Main Road, Thomrr Town and Municipality, Mahabubabad District. 7'h respondent is the owner of property bearing H.No.9-75i 1 which is situated on northern side of petitioners' house property. While the matter stood thus, 7'h respondent has started itlegal construction by encroaching into the house property of petitioners, without obtaining prior permission from 3'd respondent. Therefore, 1't petitioner has submitted a , ]'1: complaint to 3'd respondent with a request to take action against 7'h respondent. Thereupon, 3'd respondent has issued a show cause notice dated 1g.02.2025 to 7'h respondent stating t 2 Kf, J \r -f No.O237 ot 2O2s Survey No.513, that 7tl'respondent has constructed a room by encroaching into petrtroners' property bearing H.No,9_76 in Ward No.9, Main Road, Thomrr, without obtaining prior permission liom 3d respondent. Three days, time was granted to 7th respondent to demolish the said unauthorized construction. 7,h respondent has not cornplied with tl.re same. Even then, -i'd respondent is not proceeding further against 7'h respondent. Challenging the said inaction of 3.d respondent, petitioners fil:d the present Writ petition.

3. Leamect Standing Counsel appearing for 3d respondent has produced rvritten instructions of 3'd respondent wherein it is stated thar when staff of 3,,r respondent visited the subject property tc demolish the unauthorized construction, 7th respondent obstructed the same. Therefore,, 3d respondent has lodged a complaint against 7'r, respondent with police, Thomrr, to reSlister a case against 7,r, respondent. Horvever, 3'd respondent .,rrill take action against 7,r, respondent pur.suant to show cause notice dated 19.02.2025. A copy of the said written instructions is placed on record. i I I l l I I I ,rry 3 KI-. J w.P N_o 6237 of 2025 4 ln the light of the above, notice to 7'h respondent is dispensed with 5 Accordingly, this Writ petition is disposed of directing and remove the unauthorized 3"1 respondent to stop respondent strictly in accordance construction made bY 7th with the procedure laid down under the Telangana Municipalities Act, 2019 However, he shall complete the said exercise within a period of four (4) weeks from the date of receipt ofcopy ofthis order' Furlher, 3'd respondent is directed not to consider/adjudicate inter se disputes between petitioners and 7'h respondent and the allegation made by 1" petitioner that lth respondent is encroaching irlto the property belonging to petitioners. There shalt be no order as to costs' Miscellaneous applications, if any pending' shall stand closed. //TRUE COPY// SD/-L. VIJAYA TANT REGI LAXMI STRAR SECTION OFFIC ER To, 1

2. 3 4 5 "9 Pgry r.T:il *, ft1}Uttiil"lli"';:?n r he P ri n ci p a I s Department, Secretarlat uul The District Collector, Mahabubabad District' The CommiSSioner, Thorrur MUnicipality, Thorrur, Mahabubabad District. D ever o p m e nt I I TheAdditionalCollector,(LocalBodies),MahabubabadDistrict. The Town Planning Officer, Thorrur Municipality, Thorrur' Mahabubabad District 6 The District Task Force' Mahabubabad District :-ffiZ'{ T One CC to SRt AN|L REDDY RAMASAHAYAI\4, Advocate IOPUC] 8 One CC to SRt PUTTA KRTSHNA REDDY, SC FOR tv{Cpl [OPUC] t ly.""r:hl%ucfi ron HoME, Hish court for the srate of reransana af 'o l5:fn3irt?,",I,f"?Xryrtrtt ADMN ,RBAN DEV, Hish court ior the state or \ I " Iy;":r3:ot"t#:tFoR REVENUE, Hish court for the stare of reiansana at 12.Two CD Copies BSR,"w HIGH COURT DATED: 031(1312025 ? a(, := /(: oR T HI.: S 7,.l 2 E fiqti nZ5 \ a -..., * a)r. -* .-iir!-) -t::: ORDER I I WP.No.6237 of Z02S , I { DISPOSING OF THE WRIT PETITION, WITHOUT CO,STS t.b bl,(

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