High Court · 2025
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Petition under Article 226 oI lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court ma"y be pleased to issue an appropriate writ, order or direction more particularly one in ihe nature of writ of Mandamus, declaring the action of the respondent 3 and 5 in not allowing the petitioner to proceed with the construction in accordance with g9iTl.sig! granted by the 2nd respondent vide proceedings No. 419808/sANGlo623l2024 dated 22.07.2024 and commencement of work in proceeding No. , 419808/s ANGl0623l2o24 dated 02.08.2024 in the land a-dmeasuring 181.50 sq. Yards in Sy. No. 161t1sEls, situated at pothireddypally Village, Sangareddy Municipality, sangareddy District, on the ground that the said land is an assigned land as illegal, arbitrary, without jurisdictionl and contrary to the orders passed by this Honourable court in w.p. No. 8167 of 2023 dated. 'irjos. l I : ---v 31 .03.2023, and also contrary to the orders passed by the 4th Respondent in Proceeding No. D/230003788812023, dated. .o7.2023 and consequently direct the Respondents not b interfere with the construction of the building on the land having an extent of 1Bl .50 Sq. Yards in Sy. No. 161l1SEIS, situated at Pothireddypally, Sangareddy Municipality, Sangareddy District, as per the construction permission issued by the 2nd Respondent in proceeding No. 419808/SANG/062312024 dated 22.07.2024 and commencement of work in p roceed i n g No. 4 1 98 08/SA NG I 0623 I 2O2 4 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 not to interfere with the construction of the building on the land having an extent of 181.50 Sq. Yards in Sy. No. i61l1SElS, situated at Pothireddypally, sangareddy Municipality, Sangareddy District by the petitioner, as per the construction permission issued by the 2nd Respondent in proceeding No. 419808/SANG|0623,'2024 dated 22.07.2024 and commencement of woik in proceeding No. 419808/sANGl0623l2o24 dated 02.08.2024, pending disposat of the writ petition Counsel for the Petitioner: SRl. A PRABHAKAR RAO Counsel for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent Nos.2&3: SRI PUTTA KRISHNA REDDY SC FOR TG MC Counsel forthe Respondent Nos.4&5: SRI M. SAHAS REDDY AGp FOR REVENUE WRIT PETITION NO: 9857 OF 2025 Between: M/s Sri chaithanya lnfra Developers, (Registered No. 27s712023) Reoistered Partnership Firm Represented by lts partner Anumasa Shiva S/o Rliender qged about 30 Years, Occupation. Business, F/o. plot No.3g6, Sri BaTagu.tfl. Swamy^Nilyam, Sai Anurag Colony, Bachupally, Mecjchat_ Malkajigiri District-500090 ...PETITIONER AND
1. The State of Telangana, Rgn.bV its principal Secretary. Municipal Administration and Urban Development Department, secretariit, Hyderabad
2. The Sangareddy Municipality, Rep by its Commissioner, Sangareddy, Sangareddy District.
3. The Town Planning Officer, Sangareddy Municipality, Sangareddy, Sangareddy DistrrCt.
4. The District Collector, Sangareddy.
5. The Tahsildar, Sangareddy I\,4andal, Sangareddy District ..,RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the 1 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 t\,4andamus, 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. 419655/SANG1061512024 daled 22.07.2024 and commencement of work in proceeding No.419655/SANG1061512024 dated 02.08.2024 in the land admeasuring 181.50 Sq. Yards in Sy. No. 161/1 5A4/6, 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 to the orders passed by this Hon'ble Court in W.P. No. 8767 o'f 2023 dated.31 .O3.2023, and also contrary to the orders passed by the 4th Respondent in Proceeding No. D123O003787312O23, 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. 161115AA16, situated at Pothireddypally, Sangareddy Municipality, Sangareddy District, as per the construction permission issued by the 2nd Respondent in proceeding No. 419655/SANG/0615/2024 daled 22.07.2024 and commencement of work in proceeding No. 419655/SANG/061 5/2024 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 not to interfere with the construction of the building on the land having an extent of 181.50 Sq. Yards in Sy. No. 161/1 5AA/6, situated at Pothireddypally, Sangareddy il/unicipality, Sangareddy District by the petrtioner, as per the construction permission issued by the 2nd Respondent in proceeding No. 419655/SANG1061512024 dated 22.07.2024 alnd commencement of work in proceeding No. 419655/SANG/0615/2024 dated 02.08.2024, pending disposal of the writ petition Counsel for the Petitioner: SRl. A PRABHAKAR RAO Counsel for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent Nos.2&3: SRI PUTTA KRISHNA REDDY SC FOR TG MC Counsel for the Respondent Nos.4&5: SRI M. SAHAS REDDY AGP FOR REVENUE The Court made the following: COMMON ORDER THE HONOIi]RA.BLE SRI JUSTICE B. VTJAYSEN II.EDDY WRI't PETITION Nos.9848 AND 9857 ()F 2025 COMMON ORDER: (oRAL) Mr. A. Prabhakar Rao, leamed counsel for the petitioner, submitted that in similar circumstances, the order dated 03.03.2025 was passed in W.P.No.6281 of 2025. \
2. Mr. Putta Krishna Reddy, leamed Standing Counsel for Telangana Municipalities, appearing for respondent Nos.2 and 3, and Mr. M. Sahas Reddy, learned Assistant Government Pleader for Revenue. appearing for respondent Nos.4 and 5, sublnitted that there is no interference by the authorities in the construction being undertaken by the petitioner. I I In view ol the above, these writ petitions are disposed of 3. 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 comnlencement 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 ! -\ \.. 2 against the petitioner strictly in accordance with law. Further, respondent Nos.4 and 5 are at liberty to take action against the petitioner if the subject property is an assigried land, by following due process of [aw. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in these writ petitions stand closed. /iTRUE COPY// SD/- K.SREERAMA MURTHY DEPUW REGISTRAR SECTION OFFICER \ To,
5. t-i
8. o The Principal Secretary. lrilunicipal Administration and Urban Development Department, Secretariat, Hyderabad The Commissioner, Sangareddy IMunicipality, Sangareddy, Sangareddy District. The Town Planning Officer, Sangareddy Municipality, Sangareddy, Sangareddy District. The District Collector, Sangareddy. The Tahsildar, Sangareddy Mandal, Sangareddy District. One CC to SRl. A PRABHAKAR RAO Advocate [OPUC] One CC to SRI PUTTA KRISHNA REDDY SC FOR TG tvlc [OPUC] Two CCs to GP FOR IVCPL ADMN URBAN DEV ,High Court for the State of Telangana. [OUT] Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] 10 Two CD Copies KKS GJP 5 HIGH COURT DATED:0210412025 COMMON ORDER WP.NoS.9848 & 9857 of 2025 c u t t 14SEtt 1 I (s( I a 02 I'iAY.?fl5 .sprrCHF. 11 DISPOSING THE WRIT PETITIONS WITHOUT COSTS [gut'u ,6