High Court · 2025

1 Qy"A Riylzuddnin, S/o_ Ghayasoddin , Age. 47 years, Obc. Stamp Vendor f. lhgRathi.Srinivasulu, S/o Sathaiah, Age. 38 y6ars, Occ Govt. Emptoyee 3. D. Raju Naik, S/o Bicha, Age. 38 yearsl Occ. Agricutture 4. [\I. Sateesh, S/o. Amruthaiah, Age. 35 years, Oic. Agriculture 5 M.. Nagamalles_h, S/o. Saidaiah, Age. 39 years, Occ. Agriculture 6. D-. Jawaharlal, S/o. Pandu Naik, Age. 35 fears, Occ. Ag-riculture 7 M.. Saraswathi, Wo. Nagamallaiah, Age.-32 years, Occ. Househoh B K. Nagesh, Sio. Niranjan, Age. 39 yeais, Occ. Business 9. Mohd. Sirazuddin, S/o. Mohd. Habeebu.ddin, Age. 43 years, Occ. Govt Employee

10.K. Venkat Reddy, S/o. Matta Reddy, Ag 1 I.l{. Jayamma, Dl6. Venkateswar R6o, A 12. Sk. Noorjahan, Wo. Ahmed Khan, Age. e. 55 Years, Occ-Business 9e.65 years, Occ. Retd. Teacher 36 years, Occ. Household All are R/o. Krishna Apartment, Krishna Colony, Nandipahad, Miryalguda, Nalgonda District. AND ...PET|T|ONERS Masab Tank, Hyderabad and Urban Development Department, Scretariat,'Hyderabad '1. The state of Telangana, Bep by its Prl. Secretary, Municipal Administration 2. The Commissioner and Director of Municipal Administrstion, AG Guards 3. Miryalaguda Municipality, Rep, by its Qommisisioner, Miryatgoda. Nalgonda 4. Nandyala Hymavathl, W/o. Krupakar Reddy, Age. 60 years, Occ. Household 5. Nandvala Ajith Reddy, S/o.,Krupakar Reddy, Age 36 years 6. \andyala Krupakar Reddy, S/o. Srinivas neOO/, nge. years - All are R/o. H.No. 3-200, Krishna Colony, Nandipahad, Miryalguda, Nblgonda District. District '65 ...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 a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents No. 1 to 3 in not acting upon the petitioners representation/legal notice dated. 05-04-2021 to stop the construction of shops carryrng out by the respondents No. 4 to 6 abutting/in front of Krishna Apartment in Sy No. .194, Nandipahad Village, Miryalguda, Nalgonda District as iflegar, arbitrary, unjust contrary to the provisions envisaged under the Municiparities Act and Rures and consequenry direct the respondents No. 2 and 3 to stop the constructron of shops being carried out by the respondents No. 4 to 6 in Sy. No 194 situated at Krishna cotony, Napdipahad, Miryalaguda and to dismantle the construction which is already laid. IA NO: 10F 2021 Petition under section 151 cpc praying that in the circumstances stated in the affi(avit filed in support of the petition, the HiSh Court rnay be pleased lo direcf the resPondents to stop the construction of shops abuttinglin front. of Krishna Apartment in Sy No 194 situated at Krishna Colony, Nandipahad, Miryalguda. pending disposal of the above writ petition. M/s. ANNAPURNA SREERAM Counsel for the petitioners: counsst ror the Respondent Nos-.,r 12, cplbR-ilEFiftir,a, & uRBAN DEv counsqt ror the Respondent No.3: snipuiiiiidiiHNA REDDy, sc FoR Counsst for rhe Respondent Nos.4 ruXll8t, sADle HussAtN The Court made the following: ORDER THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITI ONNo.11586 of 202I ORDER: Heard leamed counsel for petitioners and Sri putta Krishna Reddy, learned Standing Counsel appearing fbr 3'd respondent.

2. Petitioners are the residents of Krishna Apartment, Krishna Colony, Nandipahad, within the limits. of 3'd respondent Municipality. According to them, respondent Nos.4 to 6 are making construction illegally. Therefore, they have submitted a representation dated 14.O5.2OZO to 3'd respondent with a request to take action against respondent Nos.4 to 6. They have also got issued a legal notice dated

05.04.2021 to 3'd respondent. Despite receiving ancl acknowledging the same, 3'd respondent did not act upon the same. Aggrieved by the said inaction of 3'd respondent, petitioner has filed the present Writ petition.

3. Vide order dated 29.04.2021, this Court directed 3'd respondent to consider the representation dated 14.05.2020 2 I(L, J w-P.No- 11586 of 2O2l and'the legal notice dated 05'04'2021 got issued by petitioners and if the allegations made by petitioners were found to be true, the official respondents shall take action against respondent Nos.4 to 6 forthwith, strictly in accordance with the procedure laid down under law and file action taken report'

4. During pendency of the present Writ Petition' some of the residents of aforesaid apartment filed Writ Petition No.6792 of 2025 against very same respondents seeking non- consideration of representations dated 28'12'2024 and

24.02.2025submittedbythemtostopunauthorized construction made by respondent Nos'4 to 6' This Covrt vide order dated 06.03.2025 disposed of the said Writ Petition directing 3.d respondent to consider the said representations and,pass nccessary orders in accordance with [aw' by putting petitioners therein and respondent Nos'4 to 6 on notice and affording them an opporlunity of hearing'

5. In the light ofthe above, notice to resPotrdent Nos'4 to 6 is dispensed with. / / [--t! 3 1] KL,J w P.No I 1586 ot 202l

6. Accordingly, this Writ Petition is also disposed of directing 3'd respondent to consider representation dated

14.05.2020 and legal notice dated 05'04'2021and inspect the subject site and if the allegations made by petitioners are found to be correct, he shall take action respondent Nos'4 to 6 in accordance with the Telangana Municipalities Act' 2019' by putting petitioners and respondent Nos'4 to 6 on notice and affording them an opportunity of hearing' He shall complete the said exercise within a period of four (4) weeks from the date of receipt of a copy of the order' There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. SD'-MOHD. ISMAIL ASSI TA T REGISTRAR //TRUE COPY// E TION OFFICER \ To Masab Tank, HYderabad DeDartment. Screiariat. Hyderabad' State ot l.elangana '1 . The Prl. Secretary, Municipal Adminiskation and Urban Development 2 ih'5til;U;;;ffi iji''eiioior iu'nicipal Administration' AG Guards s tilZ;mrni.i.i.jn"t, Miryalaguda Municipality' Miryalg-o-da.'.Nalgonda District ;. o;; ce 6 Mrc. nr.ri,rnp'u-nN"A SREERAM. A!v-oF!e [oPUC] ; i;; d6rio cF ron rr71ciL AoHrr[a URBAN DEV, High court for the State . $J""$n,3 Taf b[',+i",ifl f. JRX'J r o or, s.c^ I.o. r M p c L ro i 6;; cC io Snt sADIQ HUSSAIN, Advocate [oPUC] 8. Two CD CoPies p u c I PS(. BS b HIGH COURT DATED:0710312025 ORDER WP.No.11586 ot 2021 2 i ttArt ZW (' z \il ,nrcH Eg * DISPOSING OF THE WRIT PETITION WITHOUT COSTS (UPrt" W