The High Court · 2025

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus questioning the lmpugned conforrnaticn Notice Vide Notice No.G1lg2l0112023-24. Dared 1r.01.2025 rssued by the respondent No. 2 herein and trying to demolish the petitioner compound wall in H.No.19_14j11 , Govindapuram Village, Huzurnagar Town, gupyspgt District without considering documents submitted by the petitioner, without following the due procedure of law which is illegal and arbitrary and violation of the principal natural Justice and gonsequently to suspend impugned Conformation Notice Vide NoticQ No.G1lQ2l0112023-24, Dated 17.01 .2025 issued by the respo,dent No.2 and pass .,1-.- . :.* lA NO: 1 OF 2025 Petition under section 151 cPC pp2ying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to suspend impugned conformation Notice Vide Notice No.G 1/ o2lol tzoz3-24, Dated 17.01 .2025 issued by the respondent No.2 pending disposal of lhe main Writ Petition. Counsel for the Petitioner : SRt MUL!-ANp! RAMI REDDY Counsel for the Respondent No.1 : Gp FOR MCPL ADMN URBAN DEV counser for the Respondents No.2 ,.f'#jlirfififfirror, Coqnsel for the Respondent No.3 : Gp FeR BEVENUE Counsel for the Respondent No.4 i y The Court made the following: ORDER :. o ORDER: HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.6584 of 202.1 Heard Sri M. Rami Reddy, learned counsel for the petitioner and Sri Putta Krishna Reddy, learned standing counsel appearing for respondent No.2, learned Assistant Government Pleader for respondent No.3. Perused the record.

2. 4th respondent has submitted a representation dated 26.06.2024 to 2nd respondent alleging that petitioner has encroached into existing road and constructed compound wall. Thahsildar appointed Village Revenue Officer and Mandal Revenue Inspector for the pulpose of conducting enquiry and submission of report. Thahsildar submitted report dated l2.OB.2Ol4 stating that three persons have encroached on the public road, which is used for villagers for bringing drinking water from the existing well. The said representation was not considered by the 2nd respondent. Therefore, 4th I l I I l : l I KL,J w P.No.6584 of2025 2 respondent has hled W.p.No.2gO32 of 2024. Vide order dated 04.10;2024, this Court disposed of the said writ petition directing the 2"d respondent to tzil<e immediate action to implement the report dated 12.O8.2OI4 of respondent No.3 by following due procedrrre laid down under the law. Therefore, 2.d respondent has issued show cause notice dated 28.I2.2O24 to thr: petitioner to submit documents and a,lso explanation. Petitioner and I i another submitted documents to the saicl show cause notice. Thereafter, 2"d respondent has issued conlirmation notice dated 17.O1.2025 directing the petitioner to remove the unauthorized encroached portion of public road within 15 days. Challenging the said order petitioner filed the present writ petition.

3. According to petitioner, the said r-eport of 3.0 respondent is dated 12.08.2014. He has not encroached into public road as alleged by 4,n respondent. petitioner has submitted only documents and he has not submitted any explanation. i I I n -1 KL,J W.P.No.6584 of 2025

4. According to the 2"d respondent he has served show cause notice on petitioner dated 28.12.2024 granting (07) days time to the petitioner to submit explanation along with documents. He has submitted explanation. Therefore, he has considered the report dated 12.08.2014 of 3'd respondent and in compliance of the order dated O4.IO.2024 in W.P.No.28032 of 2024, he has issued impugned confirmation notice dated 17.O1.2025 directing I the petitioner to remove the encroached portion of public road within 15 days. Thus, there are severa_l factual aspects which this Court cannot consider in a writ petition filed under Article 226 of Constitution of India. Admittedly, the impugned confirmation notice is final order and it is an appealable order in terms of Section 252 (ll of the Telangana Municipalities Act, 2O19. It is not ttre case of the petitioner herein that the impugned conlirmation notice is in violation of the principles of natural justice and in violation of the procedure laid down under tJre Telangana Municipalities Act, 2O19. KL'J W.P.No.65a4 of20r5 4

5. In the light of the aforesaid discussion, this writ petition is disposed of granting liberty to the petitioner to prefer an appeal in terms of Section 252 (l) of the Telangana Municipalities Act, 2019 within 10 days from the date of receipt of copy of this order before the Regional Director, Appellate Authority concerned, who in turn sha-ll dispose of the appeal strictly rn accordalce with the procedure laid down under the Telangana Municipalities Act, 2019 within 30 days therea_fter. Till then, 2"a respondent is directed not to proceed further pursuant to confirmation notice dated 17.O1.2025. However, it is made clear that if the petitioner failed to prefer an appeal within 1O days as directed above, liberty is granted to 2nd respondent to take action against the petitioner strictly in accordance with the procedure laid down under law.

6. With the a-foresaid diregtions, this writ petition is disposed of. There shall be no order as to costs. i I I l I I I i KL,J w.P.No.6584 of2025 5

7. As a sequel, miscellaneous petitions, if any, pending in the Writ Petition shall stald closed. SD/-K. SREE RAMA MURTHY ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

1. The Principal Secretary, Muncipal Admisntration and Urban Development Deoartment. State of Telanqan'a, Secretariat, Hyderabad.

2. Thi: Municipal Commission6r , Huzurnagar Municipality, Huzurnagar, Suryapet District.

3. The lhhsildar, Huzurnagar Mandal, Suryapet District. 4. ONE CC tO SRI MULLANGI RAMI REDDY, AdVOCAIE. TOPUC] 5. Two CCs to GP FOR MCPL ADMN URBAN DEV, High Court for the State of Telangana. [OUT] toPUcI

6. ONC Ct tO SRI KRISHNA REDDY PUTTA, SC FOR MUNICIPALITY/MC. 7. iwo Cis to GP FOR REVENUE, High Court for the State of Telangana at L Two CD Copies. Hyderabad. [OUr] \ To, e. :l BSK BS w I I HIGH COURT DATED:0510312025 {' .n{ ORDER WP.No.6584 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ * lo5I