High Court · 2025

Petiticn t,r der Section 151 CPC praying that in the ci"cunrs:ances stated in the affidavit fi ec1 irr support of the writ petition, the High Court n,ay be pleased to direct the rr:spt-rnC:nt No.3 authority not to demolish the reside rt al house of the petitioners (;olrstructed by them in their plot of land admeasurin:y 290.00 Sq. Yds equal to 242 4t) l)q. lVltrs in Plot No.23, Sy.No.353 situatel at Padmavathi Colony, Th m rr,a tLrr Village Shivar, Kyathanpally Municip,:l L n its, Mancherial District, till apprc priate orders are passed in the appeal filed l)y the petitioners daled 25-02-21211,. before the respondent No.2 authority. Counsel fol the f'ertitioners : SRI K.VENUMADHAV Counsel for ttre Rerspondent Nos.1 & 2 : AGP FOR MCPL ADMI{ ,qND URBAN DEVELOPMEI'J'I' Counsel for tlre f lerspondent No.3 : SRI PUTTA KRISHNA REDI)Y Counsel for the Respondent No.4 : - The Court mal€, tl-,e following ORDER I i i I i I i I I I I I i I I i i I I THE HON'BLE SRIJUSTICE K. LAKSHMAN WRIT PETITION No.6289 of 2025 ORDER: Heard learned counsel for petitioners, leamed Assistant Govemment Pleader for Municipal Administration & Urban Development appearing for respondent Nos.l and 2 and Sri Putta Krishna Reddy, learned Standing Counsel appearing tbr 3'd respondent.

2. Petitioners are claiming that they are the absolute ownets and possessors of plot No.23, admeasuring 290 Sq. yards, in Surwey No.i53 situated at Padmavathi Colony, Thimmapur Village Shivar, Kyathanpally Municipal Limits, Mancherial District, on the strength of a registered Sale Deed llrlr-' clocument bealing No.13767 of 2022 dated 24.08.2022. Thcy have constructed a residential house after obtaining neces:iary pcnnission fiom 3'd respondent Municipality. While the matter stood thus, 3"i respondent has passed a speaking order dated

14.02.2025 directing petitionen to remove the subject property. Feeting aggrieved by the said order, petitioners ltave appeal in terms of Section 252( I ) o I the p re ['e rred AI'I j ! I I I I I I I I I I I I I I I I I t l I i i j 2 KL, J w ) N ,6289 ot 2025 Telanllana Ir,'tunicipalities Act, 2019 (for short 'lh,3 Act'), before il' '1 respondent or1 25.02.2025. Ilverr then, 2nd re sponC:nt has not disposed of the matter. f 'urther, 3'd respoud:nt is trying to demolish the subject properly during pende'-rcy ol the said appeal. Challenging the said trclion of 3'd respond:ut. petitioners filed the present Writ Pertilic,n.

3. Learrred counsel tbr pctitioners, on insttucrionl, would submit trat petitioners have cornpleted the constructiotr strictly in accrr,JarLce n,ith the building permit order clated 19 A4.2023 and worr ccrnlnenccment lettcr issued by 3'd respcndenl..

4. Lcarrrtcl Assistant Covertrtnent Pleader al)peirring for 2"d res,p,Jnlent. on instnrctions, woulcl subnrit that 2nd re'ip,rn,l,.nt rvill dispose ol'thc appeal tilt:d by p,.:t tioners 25 0:lt0t-i challenging thc speaking rtrder dated

14.022o2: rasscd by 3"r resporrdetrt, in accordattce 'rith law and ploce,J u rc laicl dorvn urtclcr thc Act

5. ln Ilrc lielrt ot' thc said subr.nission. n,;lice to 4tl'rcspr,ude rt is dispcnsed u,ith, I I i ' I ! t ! ? KL. J w.P No.6289 ol2o25

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 the said appeal.

7. In the light of the above, this Writ Petition is disposed of directing 2nd respondent to dispose of the appeal filed by petitioners in terms of Section 252(l) of the Act within thirty (30) days fiom the date of receipt of copy of this order. However, liberty is granted to petitioners and 4th 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 Zud respondent shall consider the same. Till then, 3'd respondent shall not proceed further with regard to thc subject property of'petitioners pursuant to the speaking crrder dated 14.02.2025. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand c losed. /iTRUE COPY// SD/. L. VIJAYA LAXMI ISTANT REGISTRAR SECTION OFFICER I

1. Gengirala Ramesh, S/o. Bapu, Age. Major, O B siness, Rl/o. Usha Residency, Hitech City, Mancherial Proper and

2. The Principal Secretary to the lvlunicipal / Administration Departrnent, Secretariat Buildings, State of Telangana at Hyderabad.

3. The Regional Director Cum Appellate Commissioner, of Municipal Administration at Warangal-

4. The Commissioner, Kyathanpally [r,lunicipality, Kyathanpally Proper, l\,4and amarri Mandal, Ivlancheria I District.

5. One CC to SRI K.VENUMADHAV. Advocate IOPUCI To I I 7

6. One OC to Sllt PUTTA KRTSHNA REDDY, Advocate (ODLIC ) 7. Two c)c,; tc (ip FoR t\,4cpl ADI'IN AND URBAN Oevrt_ov:w, High court ^ for ther Stak: of Telangana at Hyderabad. [OUT] 8. Two C;D Co cies SA GJP I j HIGH COUIIT DATED:0310,312025 i \ ORDER WP.No.628St o12925 .,4',itaz /: :. ) o 1? ;:tl 2025 \. /') \. ( (- 4 DISPOSING OF THE W.P WITHOUT COSTS. G\-t - \ 92 t -t/ i t I