✦ High Court of India · 03 Mar 2025

The High Court · 2025

Case Details High Court of India · 03 Mar 2025
Court
High Court of India
Decided
03 Mar 2025
Bench
Not available
Length
1,103 words

the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to interfere with the construction of the building on the land having an extent of 181.50 Sq. Yards in Sy. No. 15'1115N6, situated at Pothireddypally, Sangareddy Municipality, Sangareddy District by the petitioner, as per the construction permission issued by the 2"d Respondent in proceeding No. 4"17417ISANG/059112024 daled 21.07.2024 and commencement 6f work in proceeding No. 417417lSANG/059'l /2024 dated 01.08.2024, pending disposal of the writ petition. Counsel for the Petitioner: SRI A.PRABHAK,AR RAO Counsel for the Respondent No.1: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent Nos.2 & 3: SRI PUTTA KRISHNA REDDY, SC FOR Counsel for the Respondent Nos.4 & 5: GP FOR REVENUE MPCL The Court made the following: ORDER -7 THE IION'BLE SRI JUSTICE K. LAKSHMAN WRIT PE'I'I1'lON No. 6281 of 2025 ORDER: Heard learned counsel for petitioner and Sri Putta Krishna Reddy, learned Standing Counsel appearing lor respondent Nos.2 and 3.

2. Petitioner is claiming that it is the absolute owner and possessor of open plot admeasuring 181.50 Sq. yards. in Survey No.l6lll5,4/6 (wrongly typed in the prayer portion of Writ Petition as 151/l5A/6) situared at Pothireddipally Village, within the limits of 2nd respondent Municipatity, on the strength of a registered Sale Deed bearing document No.38l0 of 2024 dated 05.06.2024. It has obrained building permit order dated 21.07.2024 and letter of approval fbr commencement of work instant approval dated 01.08.2024. lt is proceeding with the construction strictly in accordance with the said building permit order and work commencement letter. The construction is at foundation stage. Even then, respondent Nos.2 and 3 are interfering with the construction being carried 7 KL, J W.P No.62aI of 2025 out by petitioner in accordance with the said building permit order and work commencement letter, without following due procedure laid down under law. Challenging the said inaction of respondent Nos.2 and 3, petitioner filed the present Writ Petition.

3. Learned Standing Counsel appearing for respondent Nos.2 and 3, on instructions, would submit that 2nd respondent has received a cornplaint tiom third parties stating that pelltioner IS proceeding with the construction in the assignment land. Thereupon, to verify the same, officials of 2"d respondent have inspected the subject site, but, they never interfered with the cotrstruction being camied out by petitioner in the sub.icct site. ll' there is any violation/deviation in construction made by petitioner, 2 respondent will take action against petitioner strictly in accordance with the procedure laid down under the Telangana Municipalities Act, 20 I 9 (for short 'the Act').

4. In the light of the said subrnissions, this Writ Petition is disposed of directing rcspondent Nos.2 to 5 not to interfere KL, J W P No.628l of 2025 with the possession of petitioner over the subject property and also construction being carried out by petitioner pursuant Io building permit order datcd 21 .01 .2024 and work commencement letter 0l .08.2024, without following due process laid down under law. However, this order will not preclude respondent Nos.2 and 3 from taking action against petitioner in the event of violation/deviation in construction made by petitioner pursuant to the said building permit order and work commencement letter, strictly in accordance with the procedure laid down under the Act. Further, respondent Nos.4 and -5 shall take action against petitioner if the subject property is an assigned land. There shall be no order as to costs. I Miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// SDIMOHD. ISMAIL ASSISTANT REGISTRAR / TION OFFICER \ To 1 2 J 4( D 7 8I 10 PSK.. GJP The Princioal Secretary. Municipal Administration and Urban Development Deoartment. Secretariit, Hyderabad, State of Telangana fnt cdi,rriiti"nei. San'gaieday Municipalitv, Sangareddv' Sangareddv District. it e f6*n Planning Officer, Sangareddy Municipality, Sangareddy, Sanoareddv District The-Distric[ Coltector, Sangareddy The Tahsildar, Sangareddy Mandal, Sangareddy District one CC to SFil A P-RABHAKAR RAo, Acivqcate [OPUCI - il; cGi"-ci FoC tttcil ADMN & URBAN DEv, Hlsh court for the state of Telanoana. at Hvderabad. IOUTI ONC CC"IO SRI PUTTA KRISI-iNA REDDY, SC FOR MPCL I i*o CC" to-Cp FOR REVENUE, High Court for the State of Hyderabad. [OUT] Two CD Copies oPUCI Telangana, at HIGH COURT DATED:0310312025 ORDER WP.No.6281 of 2025 1 Y\E STAr G^ c o \,a.k [1 l\r$ 16 Ct, Dr q. ,r 'i i"l DISPOSING OF THE WRIT PETITION WITHOUT COSTS (gqo W

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