High Court · 2025

Medchal Medchal-Malkajgiri District, TS Medchal Medchal-Malkajgiri District, TS .._REspoNDENTs Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed theiewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents particularly respondent Nos.2 to 4 in interfere and tried to demolish the ongoing construction of residential buildings consisting Ground Floor in Plot Nos.37 (North part), 39, 38 part (South side) and 39 part (north side) and 36 of Petitioner Nos.1 to 3 admeasuring an extent of 105 sq yards equivalent to 87.78 sq meters 220 sq yards equivalent to '183.92 sq meters 168 sq yards equivalent to 140.44 sq meters and 153 sq yards equivalent to 127.9 sq meters respectively in the land in Sy No.110A, 11'l and 112 situated at Rampally village under the limits of 2nd I respondent Nagaram Municipality, Keesara Mandal, Medchal-Malkajgiri District on 0510312025, which weie constructed with due construction permissions approved under TS-bPASS vide permit No. 403529/NGRM /0655/2024 dated 1910712024 and 398812/NGRM /0608/2024 dated 2210612024 403575/NGRM 1O656t2O24 dated 1010712024, 398762NGRM /0606/2024 dated 2210612024 issued by the 2nrl respondent Nagaram Municipality and also without considering the explanation daled 2402 2025 to the Show Cause Notice vide Lr No.MCN /G1/ 3681 2025 dated 17 02 2025 without passing any appropriate orders and without conducting any survey is illegal, arbitrary, contrary to the provisions of Sec.'174 (2) of TS Municipalities Act, 2019 and in violation of principles of natural justice and also in violation of Articles 14 and 300-A of the Constitution of lndia and consequently set aside the impugned Notice vide Lr No MCN lcll 3681 2025 daled 17102/2025 issued by the 2nd respondent Nagaram Municipality without any basis and without application of mind and direct the respondents to not to interfere with the peaceful possession and enjoyment of ongoing construction of residential buildings consisting Ground Floor in Plot Nos.37 (North pai), 39, 38 part (South side) and 39 part (north side) and 36 of Petitioner Nos.l to 3 admeasuring an extent of 105 sq yards equivalent to 87.78 sq meters 220 sq yards equivalent to 183 92 sq meters 168 sq yards equivdent to 140.44 sq meters and 153 sq yards equivalent lo 127.9 sq meters respectively in the land in Sy Nos.110A, 111 and 112 situated at Rampally village under the limits of 2nd respondent Nagaram Municipality, Keesara Mandal, Medchal-Malkajgiri District lA NO: 1 OF 2025 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 to not to interfere in any manner / demolish the ongoing construction of residential buildings consisting Ground Floor in Plot Nos.37 (North part), 39, 38 part (South side) & 39 part (north side); and 36 of Petitioner Nos.1 to 3 admeasuring an extent of 105 sq yards equivalent to 87.78 sq meiers; 220 sq yards equivalent to 183.92 sq meters; 168 sq yards equivalent lo 140.44 sq meters and 153 sq yards equivalent to 127 .9 sq melers respectively in the .l and 112 situated at Rampally village under the limits of land in Sy No.1 '10A, 1.1 2nd respondent Nagaram Municipality, Keesara Mandal, Medchal-Malkajgiri District, pending disposal of the Writ petition Counsel for the Petitioners: SRI G. NARENDER REDDY Counsel for Respondent No. i: Gp FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for Respondent No. 2: SRI PUTTA KRISHNA REDDY, SC FOR NAGARAM MUNICIPALITY Counsel for Respondent No. 3: Ms. T. SWECHA" AGP FOR REVENUE Counsel for Respondent Nos.4 & 5: AGp FOR IRRIGATION & CAD The Court made the following: ORDER i I THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.7O85 OF 2o25 - ORDER: Heard Sri G.Narender Reddy, learned counsel for the petitioners, Sri Putta Krishna Reddy, learned Standing Counsel appearing for 2"d respondent, Ms. T.Swecha, learned Assistant Gor,'ernmenl Pleader appearing for 3nl respondent and Sri Laxmalla Sandeep, learned Assistant Government Pleader of Irrigation and Command Area Development appearing for respondent Nos.4 and 5 ,j

2. Petitioners herein are claiming that they are absolute o\r,ners ald possessors of Plot Nos.37 (North part), 38 Part (South side), 39, 39 Part (North side) and 36 admeasuring 105 square yards,22O square yards, 168 square ya-rd s and 1 53 square yards respectively in Survey Nos. I 10A, 111 and 112, situated at Rampally Village, Keesara Mandal, Medchal-Malkajgiri District within 2nd respondent Municipality. They have obtained building permit orders and also work commencement letters for construction of individual residential houses. /' According to the petitioners, KL,J W.P.No.7O85 of 2025 i. they are proceeding with the construction strictly accordance with the said building permit orders and work commencement letters. Even then, on the proceedings dated

12.02.2025 of 5th' respondent, 2nd respondent has issued show cause notice dated 17.O2.2025. In the said proceedings dated 12-O2.2025, sLh respondent informed respondent Nos.2 and 3 stating that he has received a complaint on 12.02.2024 alleging that unauthorized construction of buildings is going on in the MFL (Maximum Flood Level) and buffer alea of Erramelli Vagu in Survey Nos.ll0 and 112 near Rampally Village, Keesara Mandal, Medchal-Malkajgiri district. On receipt of the said complaint, 4th respondent, Mandal Surveyor and Revenue Inspector inspected the said site and observed that the buildings are being constructed without leaving MFL and buffer area of Erramelli Vagu. The same is highly objectionable as per the Telangana Irrigation Act, 1357 Fasli since it is nothing but encroachment of water bodies. It is further stated that on enquiry, 5th respondent came to know that owners of the buildings have obtained permission w -3 KL,J W.P.No.7085 of 2O25 from 2"d respondent Municipality. Therefore, he requested 2"d respondent to revoke the said building permit orders.

3. Bzrsing on the said proceedings dated 12.02.2025 of 5th responclent, 2".i respondent requested the petitioners to submit explanation q,ithin seven days. Petitioners have submitted explanation on 24.O2.2025. Without considering the same, 2",i respondent is trying to demolish the subject property whc.n they came to the site on OS.03.2b25. Challenging the said action of 2n,l respondent, petitioners Iiled the present writ petition. /

4. Learned counsel for the petitioners rvould contend that petitioners have obtained building permit orders and work commencement letters by uploading all the documents by way of self-certificatio n and self-declaration. On consideration of pima facie title and pima facie possession of the petitioners over the subject property, 2nd respondent has issued the a foresaid building permit orders and work commencement letters. A compound wall was constructed encircling the entire lald as per the layout. In proof of the 4 At ,\.t W.P.No.7O85 of 2O25 3,i same, they have hled photographs. Without considering the same, 2nd respondent is trying to demolish the subject property.

5. Whereas Sri Putta Krishna Reddy, learned Standing Counsel appearing for 2"d respondent has produced written instructions stating that 2"d respondent is seeking further information and he will consider the explanation dated,24.O2.2O25 submitted by the petitioners along witfr all the relevant documents to the show cause notice dated

17.O2.2O25, then pass orders by putting the petitioners and respondent Nos.3 to 5 on notice and affording them an opportunity of hearing. Thereafter, he will take action, if any, against the petitioners herein. The said written instructions are placed on record.

6. In the light of the same, this Writ Petition is disposed of directing 2"d respondent to consider the explanation dated.24.02.2025 submitted by the petitioners to the show cause notice dated 17.O2.2O25 and also documents submitted by the petitioners. Liberty is granted to 2"d tI. 5 KL,J W.P.No.7085 of 2025 respondent to obtain further information from respondent Nos.3 to 5. Thereafter, he shall put the petitioners and respondent Nos.3 .to opportunity of hearing, then take action, il any, against 5 on notice and afford them an petitioners strictly in accordance with the procedure laid down under Telangana Municipalities Act, 2019. He shall complete the said exercise within a period of eight (08) weeks from the date of receipt of a copy of this order Till ther1, lna respondent is directed not to proceed further pursuant to show cause notice dated 17 .02.2025 However, petitioners -t' shall make constructions strictly in accordance with the said building perrnit orders and work commencement letters, failing which liberty is granted to 2"d respondent to take action againsl the petitioners in accordance with law. Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. //TRUE COPY// Sd/- L. LAKSHMI BABU t ilrlREGISTRAR SECTION OFFICER To,

1. The Commissioner, Nagaram Municipality, Medchal-Malkajgiri District, TS 2. The Tahsildar, Keesara Mandal, Medchal-Malkajgiri District, TS 3. The Assistant Executive Engineer, I and CADD lrrigation Sub Division No.3, Medchal Medchal-Malkajgiri District, TS

4. The Deputy Executive Engineer, land CADD lrrigation Sub Division No.3, Medchal Medchal-Malkajgiri District, TS

5. One CC to Sri G Narender Reddy Advocate [OPUC] 6. Two CCs to GP For Municipal Administration & Urban Development, High Court for the State of Telangana. [OUT]

7. Two CCs to GP For Revenue, High Court for the State of Telangana. [OUT] 8 Two CCs to GP For lrrigation & Common Area Development, High Court for 9. One CC to Sri Putta Krishna Reddy, SC for Nagaram Municipality (OPU-C) l0 Tu;o eD Cor>fcs the State of Telangana. [OUT] HIGH COURT KL,J DATED: 0710312025 o 1,5,.3,{\ (i' o o 11 trlAR 20[ t a 'J"ATCH Eg ORDER WP.wo9o85 of 202s DISPOSING OF WRIT PETTTION WITHOUT COSTS GT"flo W