Bandari Saritha v. The State of Telangana

Counsel for the Petitioner: SRI K.VENUMADHAV Counsel for the Rersrpondent No.1 & 2: Gp FOR MCPL ADMN URI3AN DEV Counsel for the Re,s pondent No.3: SRI PUTTA KRISHNA RE DDy. SC FOR MCPL The Court made the following: ORDER THE HON'BLE SRI JUSTICE K. LAKSIIMAN WRIT PETITION No.6268 of 2025 ORDER: Heard learned counsel for petitioner, learned Assistant Government Pleader for Municipal Administration & Urban Development appearing for respondent Nos.l and 2 and Sri Putta Krishna Reddy, learned Standing Counsel appearing for 3'd respondent.

2. Petitioner is claiming that she is the absolute owner and possessor of plot No.l8, admeasuring 212 Sq. yards, in Suivey No.353 situated at Padmavathi Colony, Thimmapur Village Shivar, Kyathanpally Municipal Limits, Mancherial District, on the strength of a registered Sale Deed vide document bearing No.19004 of 2022 dated 17.12.2022. She has constructed a residential house after obtaining necessary permission from 3'd respondent Municipality. While the matter stood thus, 3'd respondent has passed a speaking order dated

14.02.2025 directing petitioner to remove the subject property. Feeling aggrieved by the said order, petitioner has preferred an appeal in terms of Section 252(l) of the Telangana 2 KL, J w P 10.6268 of 2025 Municipalrtres Act,2019 (for short.the Act,) before 2nd respon<I,:r'rl on 25.02.2025. Even then, 2n,l rer;porrdent has not disl)o je ( of the matter. Further, 3.d respondent is trying to demolis;h the subject property during pendency of the said appeal. 'llh rllenging the said action of 3d respondent, ( petitioner fil:d the present Writ petition.

3. L,:a e cl counsel for petitioner, on inslructions, would ':rr submit dt rt f otitioner has completed the constructi,tn s irictly in accordanr:c rith the building permit order dated 3003.2023 and work torrrmencement letter issued by 3d responderrt.

4. Lt:arred Assistant Government pleader ap,pearing for nd2 resporLrL:nt, on instructions, would s,_rbm it that 2nd resp,rndt:rr will dispose of the appeal hled by petitroner on

25.02.2(l2t <lrallenging the speaking order dated 14.02.2025 passed b ', }'d respondent, in accordance wit r L rw and procedu.e laij down under the Act

5. ln .he light of the said submission, notice to 4'h responrlcrt is dispensed with. 3 KL, J w.P No.6258 ot 2025 i! /i /'

6. As per Section 252(l) of the Act, 2nd respondent has'to dispose of the appeal within 30 days from the date of receipt of 4 the said apPeal. In the light of the above, this Writ Petition is disposed of 7 . directing 2nd respondent to dispose of the appeal filed by petitioner in terms of Section 252(l) of the Act within thirty (30) days from the date of receipt of copy of this order' However, liberfy is granted to petitioner and 4'h respondent to take all the pleas and contentions, which they have raised in the present Writ Petition, before 2nd respondent in the said appeal, and 2"d respondent shall consider the same' Till then, 3'd respondent shall not proceed further with regard to the subject property of petitioner pursuant to the speaking order dated l4.O2.2O25.There shall be no order as to costs' Miscellaneous applications, if any pending' shall stand closed. To, //TRUE COPY// SD/.N. SRIHARI ISTANT REGISTRAR AS SECTION OFFICER 1 . The Principal Secretary Secretariat Buildings, Hyder

2. The Regional Director Administration, at Warangal. to the Municipal abad, State of Telangan Cum Appellate Commissioner of Municipal ministration Department, a.

3. The Commissioner, Kyathanpally Municipality, Kyathanpally Proper, Mandamarri Mandal, Mancherial District.

4. One CC to SRI K.VENUMADHAV- Arivocato rrlPl l'r / i, n /' 5 t) 7 BSR GJ \ One CC tc SFll pUTTA KRTSHNA REDDY, SC FOR IVCPL [C]pUCl Two CCs : (;t) FOR MCPL {DMN URBAN DEV, High ,jour: for the State of Telangara a -yderabad [OUT] Two CD C rpie x; 'vE!rIrrvr o\ HIGH COL'Rr DATED: 0:310312025 t I ORDER WP.No.6268 ef 2O2S :. .,( (\\(' C) ,,,.', ?.1 J tJlll 2U' * r'aiC r(-: { ,l,/''/' { { DISPOSINGi I:IF THE WRIT PETITION, WITHOUT C:Qe15 6d,r 2) \+