High Court · 2025

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, to declare the action of respondents No.2 in not taking any action against the illegal construction raised over land admeasuring around 260 Sq.yds situated in Sy.No.42l3 of Hyder-shah-kote, Bandlguda Jagir, Ranga Reddy District, inspite of representation s dt. 2210312025 and 2910312025, as illegal, arbitrary and against the provisions of Telangana Municipalities Act and against all settled principles of law and consequently direct the (espondent No.2 to stop the 7 illegal constructions forthwith over rand admeasuring around 260 sq.yds situated in Sy.No.4213 of Hyder-shah-kote, Bandlguda Jagir, Ranga Reddy 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 preased to direct the Respondent No.2 to forthwith over land admeasuring around 260 of Hyder-shah-kote, Bandlguda Jagir, Ranga Reddy District, pending disposal of the writ petition. stop the illegal constructions Sq.yds situated in Sy.No.4213 Counsel for the petitioners: SRI K.S.SUNEEL Counsel forthe Respondent No.l: Gp FOR MCPL ADMN & URBAN DEV counser for the Respondent No.2: rtals. rrr.eiAciesREE, Sc FoR MPCL The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAI(SHMAN WRIT PETITION No.117O7 of 2O2S ORDER: Heard Sri K.S.Suneel, learned counsel for the petitioner and Ms.M. Bhagrasree, learned standing counsel appearing for respondent No.2. Perused the record.

2. Petitioners are claiming that they are the absplute owners and possessors of 260 square yards situated in Sy.No.42/3 of Hyder-shah-kote, Bandlaguda Jagir, Ranga Reddy District within the 2nd respondent municipality. According to the petitioners, third parties are making construction in the said property without obtaining prior permission frorn 2"d respondent. It is illegal construction. Therefore, petitioners have submitted representations dated 22.03.2025 and

29.03.2025 to the 2'd respondent with a request to take action against the said illegal construction. Despite receiving and acknowledging the said representations, 2'd KL,J w P No.I I707 ot 2025 2 respondent did not act upon the same. Therefore, aggrieved by the said in action by the 2"d respondent, petitioners hled the present writ petition.

3. Learned standing counsel appearing for 2"d respondent has produced written instructions of 2"d respondent wherein it is stated that on receipt of the said representations, 2"d respondent has already issued show cause notice dated 29.03.2025 and 11.04.2025 directing them to stop further construction. The persons who are making construction have not submitted any reply. On receipt of reply, 2"d respondent will consider the SAINE ald pass appropriate orders strictly in accordance with law. The said written instructions are placed on record.

4. In the light of the said submission, this writ petition ls disposed of directing 2na respondent to consider representations dated 22.03.2025 and 29.03.2025, reply if any submitted by the third parties who are making construction in the subject property and pass KL.J W.P No 11707 of2025 a 3 appropriate orders strictly in accordance with law by putting the petitioners, the persons who are making illegal construction in the subject property on notice and affording them an opportunity of hearing. 2"d respondent shall complete this exercise within (04) weeks from the date of receipt of copy of this order.

5. At this stage Sri K.S.Suneel, learned counsel I appearing for the petitioners on instructions would submit that the persons are proceeding \Mith the construction without obtaining prior permission from the

2.d respondent even now. As discussed supra, according to 2nd respondent, he has not issued any permission to alybody for construction, in the subject propert5r. Therefore, he has to ensure that there should not be any further construction pursuant to issuance of show cause notice dated 29.03.2025 and 11.04.2025.

6. With the aforesaid directions, this writ petition is disposed of. There shall be no order as to costs. KL.J w P-No 11707 of 2025 4

7. As a sequel, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. / //TRUE COPY// - SD/. A, SREENIVAS REDDY ASSISTANT REGISTRAR secrrorudrscen 2 1 The Principal Secretary, Municipal Administration and Urban Development Department (MAUD), Dr. B.R. Ambedkar Secretariat Bhavan, Hyderabad, State of Telangana The Commissioner, Bandlaguda Jagir Municipal Corporation, Ranga Reddy District, Telangana. One CC to SRI K.S.SUNEEL, Advocate [OPUC] Two CCs to GP FOR MCPL ADMN & URBAN DEV, High Court for the State ofTelangana, at Hyderabad. [OUTJ One CC to M/s. IV.BHAGYASREE, SC FOR MPCL [OPUC] Two CD Copies 4 5 To \ PSK. GJP HIGH COURT DATED:2810412025 ORDER WP.No.11707 ot 2025 -\ r_ " ..1 ..,,., /,/ ,.\ /i ,.) /l t t ii ,-r .$ s* CA 1r' \\ ,]i .t .4,.:. * DISPOSING OF THE WRIT PETITION WITHOUT COSTS \6\