M/s Sri Chaithanya lnfra Developers (Registered No. 275712023) v. 1. The State of Telangana
Case Details
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 an appropriate writ. order or direction more particularly one in the nature of Writ of Mandamus, declaring_the action of the respondent Nos. 3 and 5 in not allowing the petitioner to proce*ed with the construction in accordance with permission granted by the 2nO iespondent vide proceedings No. - 419826/SANG1062412024 daled 22.07.2024 and commencernent of work in proceeding No. 419826/SANG 10624t2024 dated 02.O8.2024 in the land admeasuring 181.50 Sq. Yards in Sy. No. 161115AA1114, situated at Pothireddypally Village, Sangareddy Municipality, Sangareddy District, on the ground that the said land is an assigned land as illegal, arbitrary, without jurisdiction, and contrary to the orders passed by thi3 Honble Court in W.P. No. 8767 of 2023 daled 3110312023, and also contrary to the orders passed by the 4th Respondent in Proceeding No. D1230003787312023, dated 07.2023 and consequently 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. 161 115AAl1 14, situated at Pothireddypally, Sangareddy l\/unicipality, Sangareddy District, as per the construction permission issued by the 2nd Respondent in proceed in g No. 4 l 9826/SANG l 06241 2024 d aled 22.O7 .2024 and com mencement of work in proceeding No. 4'19826/SANG|O624|2024 dated 02.08.2024 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 nol to interfere with the construction of the building on the land having an extent of 181.50 Sq. Yards in Sy. No. 161115AA1114, situated at Pothireddypally, Sangareddy [/unicipality, Sangareddy District by the petitioner, as per the construction permission issued by the 2nd Respondent in proceeding No. 419826/5 ANG|O624|2O24 dated 22.07 .2024 and commencement of work in proceeding No. 419826/5,4NGlO624l2O24 dated 02.08.2024, pending disposat of the writ petition. Counsel for the Petitioner : SRI A.PRABHAKAR RAO Counsel for the Respondent No.1 : GP FOR MCPL ADMN URBAN DEV counserfor the Respondents No.2&, , 3:'IJJlfrfiili#lf#rr", counser for the Respondent No.4&5 ,t^trti:i?58??I;=*u. ,/ W.P.No.9156 OF 2025 Between: I\//s Sri . chaithanya lnfra Developerlr (Registered No. 2757t2023) Registered Partnersiip. Firm Represented_by lts PartneiAnumasa Shiva S/o Rijend6r aged about 30 Yqrrs, O"^"rp"tion. Business, R:/o. plot No.3BB, Sri Ramadutha Swamy Nilyam, Sai Anurag Colony, Bachupally, tMedchal-Malkajigiri District500090. ...PETITIONER AND 1 2 3 Jle . platg. of Telangana, Rep.by its Principal Secretary, Municipal Administration and Urban Development Departmeni, Secretariat,-Hyderabai The Sangareddy Municipality, Rep by its Commissioner, Sangareddy, Sangareddy District f h" Town _ Planning Officer, Sangareddy lVunicipality, Sangareddy, Sangareddy District. 4 The District Collector, Sangareddy The Tahsildar, Sangareddy [\/andal, Sangareddy District .,.RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent Nos. 3 and 5 in not allowing the petitioner to proceed with the construction in accordance with permission granted by the 2nd respondent vide proceedings No. 419800/SANG1062212024 dated 22.07.2024 and commencement of work in proceeding No.419800/SANG1062212024 daled 02.O8.2024 in the tand admeasuring 1S1.50 Sq. Yards in Sy. No. 16111SEE:S, situated at Pothireddypally Village, Sangareddy Municipality, Sangareddy District, on the ground that the said Iand is an assigned land as illegal, arbitrary, without jurisdiction, and-contrary to the orders passed by this Hon'ble Court in W.p. No. 8V67 of 2023 dated 31 .03.2023, and also contrary to the orders passed by the 4th Respondent in Proceeding No. D/2300037869 12023, dated 07.2023 and consequently 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. 161llSEE1S, situated at Pothireddypally, Sangareddy Municipality, Sangareddy District, as per the construction permission issued by the 2nd Respondent in proceeding No. ----- 419800/SANG1062212-024 dated 22.07.2024 and commencement of work in proceed ing No. 4 1 98 00/SA NG I 06221 2024 dated 02.08.2024. lA NO: 1 OF 2025 Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed ln support of the petition, the }iigh Court may be pleased 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. 161l1SEEIS, situated at Pothireddvpally, sangareddy Municipality, sangareddy District by the petitioner, as per the construction permission issued by the 2nd Respondent in proceed in g No. 4'1 9800/sANG I 06221 2024 d ated 22.0r .2o24 and commencement of work in proceeding No. 419800/5ANGl0622l2O24 dated O2.O8.2024, pending disposal of the writ petition. Gounsel for the Petitioner : SRI A.PRABHAKAR RAO Counsel for the Respondent No.1 : GP FOR MCPL ADMN URBAN DEV counser for the Respondents No.2&, ' BE'IJJfrfifl,.#lffiror", counser for the Respondents No.4&. , i:!?Ti?SE??I.*u. W.P.No.9176 OF 2025 Between: M/s. Sri . chaithanya lnfra Developers (Registere d No. 27s712023) Registered Partnerstip. Firm, Represente{ by its Partneianumasa shiva s/o Rajend6r iged about 30 Years, Oc^cupation. Business, Rl/o. plot No.3gB, Sri Ramadutha Swamy Nilyam, Sai Anurag Colony, Bachupally, I\/edchal-Malkajigiri District.-500090. ...PETITIONER AND 1 Jle p!a!e of Telangana, {ep.by its Principal Secretary. Municipal Administration and Urban Development Department, Secretariit, Hyderabad
2. The Sangareldy lr,4unicipality, Rep by its Commissioner, Sangareddy, Sangareddy District.
3. The Town Planning Officer, Sangareddy Municipality, Sangareddy, Sangareddy District 4- The District Collector, Sangareddy. I i l
5. The Tahsildar, Sangareddy Mandal, Sangareddy District. ...RESPONDENTS 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 an appropriate writ, order or direption more particurarry one in the nature of writ of Mandamus, decraring the action of the respondent.Nos. 3 and 5 in not allowing the petitioner to proceed with the construction in accordance with permission granted by the 2nd respondent vide proceedings No. 419780/SANG1062112024 dated 22.07.2024 and commencement of work in proceeding No. 419780/SANG 1062112024 dated 02.0g.2024 in the land admeasuring 181.50 sq. yards in sy. No. 161r1sEt6, situated at pothireddypaily Village, Sangareddy Municiparity, Sangareddy District, on the ground that the said land is an assigned rand as iilegar, arbitrary, without jurisdiction, and contrary to the orders passed by this Honourable court in w.p. No. 8'767 of 2o23 dated. 31'03.2023, and arso contrary to the orders passed by the 4th Respondent in Proceeding No. D/230003T88812023, dated.- .o7.2023 and consequently 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. 16111sEr6, situated at Pothireddypaily, sangareddy rvuniciparity, Sangareddy District, as per the construction permission issued by the 2nd Respondent in proceeding No. 419780/SANG1062112024 dated 22.07.2024 and commencement of work in p roceed ing No. 4 1 9780/SA NG I 062 1 t 2024 d ated 02.08.2024. lA NO: 1 OF 2025 Petition under section 1s1 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 not to interfere with the construction of the building on the land having an extent of 18'1 .50 sq. yards in Sy. No. 16111sE16, situated at Pothireddypally, Sangareddy I\,4unicipality, sangareddy District by the petitioner, as per the construction permission issued by the 2nd Respondent in proceeding No. 419780/sANGI0621l2o24 dated 22.07.2024 and commencement of work in proceeding No.4'19780/sANGl0621l2o24 dated 02.08.2024, pending disposal of the writ petition. -----"- Counsel for the Petitioner : SRI A.PRABHAKAR RAO Counsel forthe Respondent No.1 : GP FOR MCPL ADMN URBAN DEV counser for the Respondents No.2&, , counser ror the Respondents No.4&5 , 3:'IJJIiu[fl,tJ^1ir?=rr", i3!?lEi?3F??l=*u= The Court made the following: COMMON ORDER ------ HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION Nos.8957 9156 and 9176 OF 2025 COMMON ORDER: (oRAL) Mr. A. Prabhakar Rao, learned counsel for the petitioner, submitted that in similar circumstances, order dated 03.03.2025 was passed in W.P.No.62B1 oI 2025
2. Mr. Putta Krishna Reddy, learned Standing Counsel appearing for respondent Nos.2 and 3, . Mr. ft/. Sahas Reddy, learned Assistant Government Pleader for appearing for respondent Nos.4 and 5, submitted that there is no interference by the authorities in the construction being t I undertaken by the petitioner.
3. ln view of the above, these writ petitions are disposed of directing the respondent authorities not to interfere in the construction activity being carried out by the petitioner pursuant to the respective building permit orders and work commencement letters obtained by the petitioner, without following due process of law. lf there is any violation/deviation in construction made by petitioner, the respondent authorities are at liberty to take action against the petitioner strictly in accordance with law. Further, 2 respondent Nos.4 and 5 are at liberty to take action against the petitioner if the subject property is an assigned [and, by following due process of law. No order as to costs As a sequel thereto, miscellaneous petitions, if any, pending in these writ petitions stand closed. t //TRUE COPYII SiD/. T, JAYASREE DFPT.JTY REGTSTRAR To,
2. 4 5 6 7 B \ ION OFFICER The Principal Secretary, Municipal Administration and Urban Develooment pepartment,State of Telangana. Secretariat, Hyderabad The Commissioner, Sangareddy IVunicipality, Sangareddy, Sangareddy District. Ih" Town _ Planning Officer, Sangareddy IVlunicipaiity, Sangar.eddy, Sangareddy District. The District Collector, Sangareddy. The Tahsildar, Sangareddi Mand'al, Sanqareddv District One CC to SRI A.PRABHAKAR RAO, Advocate. tOpUCl Two CCs to GP FOR MCPL ADMN URBAN OeV, Uigh bourt for the State of Telangana. [OUT] One CC to SRI KRISHNA REDDY PUTTA, SC FOR MUNtCtpALtTy/MC. IoPUCI Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT] I '10.Two CD Copies BSK GJP $ HIGH COURT DATED:261031202s SEt11 Ia Ie $ r-) J J I 02 IIAY M o .5. COMMON ORDER D€ PAT c WP.No.8957,9156 & 9176 of 2O2S DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS 09t'o w"