M/s Sri Chaithanya lnfra Developers v. The State of Telangana

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 proceed with the construction in accordance with permission granted by the 2nd respondent vide proceedings No. 417444ISANGl}5g8t2o24 dated 22.07.2024 and commencement of work in proceedingNo.417444ISANGto5g1l2o24dated01.o8.2024intheland admeasuring 181 50 Sq Yards in Sy No 161/1 5AAi1/3' 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 this Honorable Court in W'P' No. 8767 of 2023 dated 31 03 2023' and also contrary to the orders passed by the 4th Respondent in Proceeding No D/2300037873t2O23' 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' .,u.,rr*r1r,, situated at Pothireddypally, sangareddy Municipality' Sangareddy District, as per the construction permission issued by the 2nd Respondent in proceeding No. 417444ISANG/0598/2024 daled 22'07 '2024 and commencement of work in proceeding No 417444ISANG/0598/2024 dated 01 08 2024 IA NO: oF 202s ,| petition under Section .r 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition' the High Court may be pleased to directtheRespondentsnottointerferewiththeconstructionofthebuildingon the land having an extent of 181 50 Sq Yards in Sy' No' 161i15AA/1/3' situated at Pothireddypally, Sangareddy Municipality' Sangareddy District by the petitioner, as per the conitruction permission issued by the 2nd Respondent in proceeding No. 417444ISANG/0598/2024 daled 22 07'2024 and commencement of work in proceeding No 4lT444ISANG/0598/2024 dated 01 08 2024' pending disposal of the writ Petition ' Coun5el for the Petitioner: SRI A' PRABHAKAR RAO Counsel for the Respondent No'1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent Nos'2 and 3: SRI PU-rlfrtflrtJlit lt"'"' Counsel for the Respondent Nos'4 and 5: SRI M' SAHii*?t"' ..............- _- -.--::-::Ft:!=jr.f:--- WRIT PETITION NO: 8880 OF 2025 Between: M/s Sri Chaithanya lnfra Developers, (Registered No. 27 5712O23^) Rggistered Partnership Firm- Represented by lts Partner Anumasa Shiva Q/9 !-a1-en{e1 aqed about 30 Y6ars, Occuiation. Business, R/o. Plot No 388, Sri Rimadutha Swamy Nilyam, Sai Anurag Colony, Bachupally, Medchal- Malkajigiri District-500090. ...PETITIONER AND 1 The State of Telanoana, Rep.bv its Principal Secretary. Municipal Administration and-Urban Dbvelopment Department, Secretariat, Hyderabad 2 J 4 5 The Sangareddy Municipality, Rep by its Commissioner, Sangareddy, Sangareddy District. The Town Planning Officer, Sangareddy Municipality, Sangareddy' Sangareddy District. The District Collector, Sangareddy. The Tahsildar, Sangareddy Mandal, 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' 419697/SANGtO618l2O24 daled 22.07.2024 and 'commencement of work in proceeding No. 419697/SANG t061812024 dated 01.08.2024 in the land admeasuring 181.50 Sq. Yards in Sy. No. 161l15AAl115' 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 this Hon'ble court in w.P. No. 8767 ol 2023 dated.31.03.2023, and also contrary to the orders passed by the 4th Respondent in Proceeding No. Ot23O003787312023, daled 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' 161115AN115, situated at Pothireddypally, sangareddy Municipality, Sangareddy District, as per the construction permission issued by the 2nd Respondent in l proceeding No. 419697/SANG|O61812O24 dated 22.07.2024 and commencement of work in proceeding No 4'19697/SANG/0618/2024 dated 01 08.2024. lA NO: 1 OF 2025 Petition under Sectaon 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 not to interfere with the construction of the building on the land having an extent of 181 50 Sq. Yards in Sy. No. 161l15AN1lS, situated at Pothireddypally, Sangareddy Municipality, Sangareddy District by the petitioner, aS per the construction permission issued by the 2nd Respondent in proceeding No. 419697/SANG|061B|2024 dated 22.07.2024 and commencement of work in proceeding No. 419697/SANG/0618/2024 dated 01.08.2024, pending disposal gf the writ petition . Counsel for the Petitioner: SRI A. PRABHAKAR RAO Counsg! for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent Nos.2 and 3: SRI PUTTA KRISHNA REDDY, SC FOR MUNICIPALITY Counsel for the Respondent Nos.4 and 5: SRI M. SAHAS REDDY, AGP FOR REVENUE IT PETITI N NO: 8867 OF 2025 Between: M/s Sri Chaithanya lnfra Developers. (Registered No. 27 5712023) Reoistered Partnership Fir'n Represented 6y lts Painer Anumasa Shiva S7o R"aiender aged about 30 Years, Occupation. Business, R/o. plot No.3B[], Sri [apa$uJ!1. Swaly-Nilyam, Sai Anurag Cotony, Bachupalty, Medchal- Malkajigiri Distrct-500090 AND 1 2 The State of Telangana, R_ep by its principal Secretary Municipal Administration and Urban Development Department, Secretariat, Hyderabad The Sangareddy Municipality, Rep by its Commissioner, Sangareddy, Sangareddy District. ...PETITIONER

3. The Town Planning Officer, Sangareddy Municipality, Sangareddy, Sangareddy District,

4. The District Collector, Sangareddy. 5. The Tahsildar, Sangareddy Mandal, Sangareddy District. ...RESPONDENTS i Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may !e 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. 419725ISANG 1062012024 dated 22.07.2024 and commencement of work in proceeding No 419725ISANG 1062012024 dated 02.08.2024 in the land admeasuring l81.50 Sq. Yards in Sy. No. 161/15EE/6, 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 tq the orders passed by this Hon'ble Court in W.P. No. 8767 ot 2023 daled. 31 .03.2Q23, and also contrary to the orders passed by the 4lh Respondenl in Proceeding No. D/230003786912023, daled. .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. 161115EE16, situated al Pcithireddypally, Sangareddy Municipality, Sangareddy District, as per the ponstruction permission issued by the 2nd Respondent in proceeding No. 419725lSANGl0620l2O24 dated 22.07.2024 and commencement of work in proceedin g No. 4 1 972 S/SANGI 0620 12024 daled 02.08.2024. IA 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 not to interfere with the construction of the building on the land having an extent of 181.50 Sq. Yards in Sy. No. 161115EE16, situated at Pothireddypally, Sangareddy Municipality, Sangareddy District by the petitioner, as per the construction permission issued by the 2nd Respondent in proceeding No. t I i ,'l 419725/SANG1062012024 dated 22.07.2024 and commencement of work in proceeding No 4'19725lSANGlO620l2024 dated 02.08.2024, pending disposal of the writ petition. Counsel for the Petitioner: SRI A. PRABHAKAR RAO Counsel for the Respondent No.'l: GP FOR MCPL ADMN URBAN DEV Counsel.for the Respondent Nos.2 and 3: SRI PUTTA KRISHNA REDDY, SC FOR MUNICIPALITY Counsel for the Respondent Nos.4 and 5: SRI M. SAHAS REDDY, AGP FOR REVENUE The Court made the following: COMMON ORDER 1 Y HONOURABLE SRI JUSTICE B. VIIAYSEN REDDY WRIT PETITIO N Nos. 8882, 8880 and 8867 OF 2025 COMM ON ORDER (oRAL) Mr. A. Prabhakar Rao, leamed counsel for the petitioner, submitted that in similar circumstances, order dated 03 .03 '2025 was passed in W.P.No.628l of 2025. \ t

2. Mr. Putta Krishna Reddy, leamed Standing Counsel appearing for respondent Nos.2 and 3, and Mr. M. Sahas Reddy, leamed Assistant Govemment Pleader for appearing for respondent Nos'4 and 5, submitted that there is no interference by the authorities in the construction being undertaken by the Petitioner.

3. In view ofthe 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. If 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, respondent Nos.4 and 5 are at tiberty to take action against the petitioner if the subject property is an assigned tand, by following due process of law. There shall be no order as to costs As a sequel thereto, miscellaneous petitions, if any, pending in these writ petitions stand closed I To, TJ I}S ,TRUE COPY' SD/.T. JAYASREE TRAR dEPUTY REGIS SECTION OFFICER -Z

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

2. The Commissroner, The Sangareddy Municipality, Sangareddy, Sangareddy

3. The Town Planning Officer, Sangareddy Municipality, Sangareddy, District. Sangareddy District.

4. The District Collector, Sangareddy. 5. The Tahsildar Sangareddy Mandal, Sangareddy District. 6. One CC to Sri A Prabhakar Rao, Advocate [OPUCI 7. Two CCs to GP for Municipal Administration Urban Development, High Court for the State of Telangana, at Hyderabad [OUT]

8. One CC to Sri Putta Krishna Reddy, SC for Municipality[OPuc] 9. Two CC to The GP for Revenue, High Court for the State of Telangana, at Hyderabad[OUT] 10.Two CD Copies ,, HIGH COURT DATED:241031202.5 COMMON ORDER WP.Nos.8882, 8880 and 8867 of 2025 7 t, STAT€ L 2 t HIH ?s6 c. * * A1PIo o\ DISPOSING OF THE WRIT PETITION WITHOUT COSTS ./, 4.tt dZ ,/J"/<tr , I I T I-:-I