High Court · 2025

5. K. Dhanalaxmi, W/o. Srinivas, Age.47 years, Occ. Housewife' Fl/o. Flat No 206, Fl/o. Krishna Apartment, Krishna Colony, Nandipahad, Miryalguda, Nalgonda District. AND .....PETITIONERS

1. The State of Telangana, Rep. by its Prl. Secretary, Municipal Adminlstration and Urban Development Department Secretariat, Hyderabad.

2. The Commissioner and Director of Municipal Administration, AC Guards, Masab Tank, Hyderabad.

3. Miryalaguda Municipality, Rep. by its Commissioner, Miryalaguda, Nalgonda District.

4. Nandyala Krupakar Reddy, S/o. Srinivasa Reddy, Age. 69 Years, Rl/o. H. No.3-200, Krishna Colony, Nandipahad, Miryalguda, Nalgonda District.

5. Nandyala Hymavathi, Wo. Krupakar Reddy, Age. 64 years, R/o. H. No.3-200, Krishna Colony, Nandipahad, Miryalguda, Nalgonda District.

6. Nandyala Ajith Reddy, Sio. Krupakar Reddy, Age.40 years, R/o. H. No.3-200' Krishna Colony, Nandipahad, Miryalguda, Nalgonda District. .....RESPONDENTS ,i& .-l 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 wrrt, order or direction more particularly one in the nature of writ of Mandamus declarrng the action of the Respondent No. 3 in not acting upon the petitioners representation dated. 2811212024 and 2410212025 to stop the construction of shops carrying out by the Respondents No. 4 to 6 abutting/in front of Krishna Apartment in Sy. No 194, Nandipahad Village, Miryalguda, Nalgonda District as illegal, arbitrary, unjust and contrary to the provisrons envisaged under the Municipalities Act and Rules and consequently direct the respondents No.2 and 3 to stop the construction of shops being carried out by the respondents No. 4 to 6 in Sy. No 194 situated at Krishna colony, Nandipahacl, Miryalaguda and to dismantle the construction which is already laid. I.A.NO:1 OF 2025 J Petition Under Section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents No.1 to 3 to stop the construction of the shops abutting/in front of Krishna Apartment in Sy.No.1g4 situated at Krishna colony, Nandipahad, tViryalguda being carried out by the Respondents No.4 to 6, pending disposal of the above writ petition. Counsel for the Petitioners : SRI ANNAPURNA SREERAM Counsel for the Respondent Nos.1 & 2 : Gp FOR MCPL ADMN URBAN DEVELOPMENT Counsel for the Respondent No.3 : SRI PUTTA KRISHNA REDDy Counsel for the Respondent Nos.4 to 6 : - The Court made the following ORDER :r HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITI ON No.679 2 0F 2025 ORAL ORDER: Heard learned counsel for the petitioners, learned Assistant Government Preader for Municipar Administration and Urban Development for respondent Nos. 1 and 2 , Mr.Putta Krishna Reddy, Iearned Standing Counsel for respondent No.3. a-, l;a

2. Petitioners are residents of Krishna Apartment, Krishna Colony, Nandipahad, Miryalaguda, Nalgonda District, within respondent No.3-Municipality. According to the petitioners, respondent No.4 is builder, respondent No.S is wife and respondent No.6 is son of respondent No.4. They constructed shops by demolishing compound wall of the said apartment without leaving set-backs. The same is unauthorised construction and they blocked the road. Therefore, even fire engine is not in a position to come into the complex. It is further contended by the petitioners that respondent Nos.4 to 6 proceeded with construction unauth orizedly. The residents 2 of the same area had filed the writ petition, uide W.P.No. I 1586 of 202 1

3. Vide order clated 29.04.2021 in the said W.P.No.11586 of 2021, this Court directed the competent authority to consider the representation dated 14.O5.2O2O zind legal notice dated 05.04.2021 got issued by the petitioners therein and take action against the unofficial respondents, strictly 1n accordance \vith law. Thereafter, respondent No.3 has issued -t notice clatecl 05.05.202 1 to respondent Nos.4 to 6 Respondent No.3 is not proceeding further to stop the said unauthorizeri construction. Therefore, the petitioners have submitted a representation dated 24.02.2025 to respondent No.3 with a request to take action against respondent Nos.4 to 6. Despite receiving and acknowledging the said representation, respondent No.3 did not act l-lpon the same. Aggrieved by the said inaction of respon<lent No.3, the petitioners filed the present writ petition.

3. Whereas. Mr.Putta Krishna Reddy, learned Standing Counsel for respondent No.3, on instructions, would submit that respondent No.3 will consider the aforesaid ;1 3 . representation submitted by the petitioners and if the allegations made by the petitioners are found to be correct, he will take action against respondent Nos.4 to 6, strictly in accordance with the procedure laid down under the Telangana Municipalities Act, 2019 by putting the petitioners and respondent Nos.4 to 6 on notice and affording them an opportunity of hearing. t t

4. In the light of the said submission, notice to respondent J-- 1, Nos.4 to 6 is dispensed with. This Writ Petition is disposed of, directing respondent No.3 to consider the representation dated 24.02.2025 and also the notice dated 05.05.2021 issued by respondent No.3 in compliance with order dated

29.O4.2O2I in W.P.No.11586 of 2021. lf the allegations made by the petitioners are found to be correct, he shall take action against respondent Nos.4 to 6, strictly in accordance with the procedure laid down under the Telangana Municipalities Act, 2019 by putting the petitioners and respondent Nos.4 to 6 on notice and affording them an opportunity of hearing. However, he shall complete the said exercise within four (4) I I I l I I To 4 weeks from the date of receipt of a copy of this Order. In the circumstances of the case, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shal1 stand closed. //TRUE COPY// SD/-A.V.S.PRASAD T REGISTRAR ASS S CTION OFFICER

1. The Principal Secretary, Municipal Administration and Urban Development Department Secretariat, State of Telangana at Hyderabad.

2. The Commissioner and Director of lVunicipal Administration, AC Guards, lt4asab Tank, Hyderabad.

3. The Commissioner, tr/iryalaguda IVlunicipality' tr,4iryalaguda, Nalgonda District 4. Two CCs to GP FOR TMCPL ADIUN AND URBAN DEVELOPIT4ENT, High Court for the State of Telangana. [OUT]

5. One CC to SRI ANNAPURNA SREERAM, Advocate [OPUC] 6. One CC to SRI PUTTA KRISHNA REDDY, Advocate (OPUC) 7. Two CD Copies SA /cl GJP , I r' , . -' :s\ :: _ .9ra ,'4. 25ilA3m[ z a * o lr'^T i HIGH COURT DATED:0610312025 ORDER 8-' ''i WP.No.6792 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. @rt{'' ,L(