Devatha Sandhya Rani 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 pa;ticularly one in the nature of writ of Mandamus, by declaring lhe action of the Respondents in not considering the petitioner's reply dated 07.04.2025 to the notice of the 2nd respondent vide Roc. No. G 1 /TPS-II/KMC/NALA12025 dated 03.Q4.2025' contrary to the final order dated 20.09.2024 of this Hon'ble Court in W.P Ng 25879 91 2Q24,in pursuance of building at Plot No.6 Part and 7, in Sy. No. 135, 136, 138 and 142 of Khanapuram Haveli, Khammam city and district as illpgal ex- facie arbitrary, discriminatory, unjust, unfair, whimsical, nonapplication of mind unlaMul, unilateral, unreasoned, u nconstitutional and in violation of Principles of Natural Justice and rn violation of the provisions of the Telangana $Iunicipality Act 2019 and in violation of Article 14 21 and 300 A of the Constitution of lndia and consequently direct the Respondents to consider the petitione6's reply dated 07.04.2025 to the notice of the 2nd respondent vide Roc. No G'1/TPS- lI/KMONALA/Z025 dated 03.04.20?5 and not take any coercive steps, as per law. lA NO: I OF 25 Petition under Section '151 CPC praying that in the circumstances qtated in the affidavit filed n support of the petition, the High Court may be pleased to direct the Respondents to consider lhe petitioner's reply dated 07.Q4 2025 to the notice of the 2nd respondent vide Roc. No GIITPS-||/KMC/NALA/2025 datqd 03 04.2Q25 and not take any qqeraive step$, as pqr law. c ou n s e I ro r th e Petiti o n t' " H1,"rH[o''[#E"o,I.] ;litJ$t ^ Counsel for the Respondent No.1 : GP FOR MCPL ADMN URBAN DEV counsel for the Re5pondents No.2tq3 , tj?tsIflft,|^., Counsel for ttle Respondgntl No.4&5 : GP FQR IRRIGATION & CAD Counsel for the Respondents No.6 : QP FOR REVENUE The Caurt made the followingl ORDER I I I I l ORDER WRIT PETITION No.11790 ot 2025 The writ petition is filed seeking to declare the action of the respondents in not considering the petitioner's reply dated 07.O4.2025 to the notice of the respondent No.2 vlde Roc. No.G 1/TPS-II/KMC/NALA,/2025 dated 03.O4.2O25, contra ry to the final order dated 2O.O9.2024 in WP.No.25879 of 2024, in respect of building at Plot No.6 Part & 7, Sy.Nos.135, 136, 138 and 142 of Khanapuram Haveli, Khammam City, as being illegal and arbitrary.

2. Heard Mr. B. Mayur Reddy, learned senior counsel appearing for Mr. B. Sandeep Kumar, Iearned counsel for the petitioner, Mr. P. Sridhar Rao. learned standing counsel for the respondent No.2 - municipal corporation and Mr. R. Suhas Reddy, learned Assistant Government Pleader for Revenue.

3. Learned standing counsel for respondent No.2-corporation, on the basis of written instructions, submitted that the municipal corporation has not started any work at petitioner's property bearing Plot No.6 Part & 7, Sy.Nos.135, 136, 138 and t42 of Khanapuram Haveli, Khammam City. The District Collector, Khammam District, vide proceedings No.DCO/E2 lEEGV OO52/2O22 dated 25.02.2025 constituted three teams consisting of officials \ ( 1 2 from Irrigation Department, Revenue Department and Khammam Municipal Corporation and directed to complete the survey, demarcation of channel boundaries from Oora cheruvu to Munneru river via Lakaram and Dhamsalapuram tanks. In pursuance of the said order, the respondent No.2-corporation issued notice dated 03.O4.2025 seeking building permission proceedings and sanctioned plan, ownership documents, link documents and other related documents from the petitioner. The petitioner submitted reply on 07.O4.2O25. So far the respondent No.2 has not taken any action. However, action will be initiated by following due process of law.

4. Recording the aforesaid categorical statements made in the written instructions that action will be initiated against the petitioner after considering her reply dated 07 .O4.2025 and by following due process of law, the writ petition is disposed of giving Iiberty to the petitioner to put forth her contention that survey of the subject property is conducted without giving prior notice to her and make a request to the respondent No.2 to conduct survey by duly issuing notice to her. The niscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. f To, //TRUE COPY// SD/.MOHD. ISMAIL DEPUTY REGISTRAR ., SECTION OFFICER 1 The Princioal Secretary, Municipal Administration and Urban Development o""prrt*5riils"*6iiiir[,'siai" or relangana, Hvderabad The Commissioner, Khammam Municipal Corporation ' Khammam city and district, Telangana I l l L / t \

3. The Assista$ ,City Flanner, Khammam Municipal Gorporation, Khammam city and district. Telangana. 4 The Superintendent Engineer, lrrigation Department, Khammam District, Telangana Khammam Dislrict. 5 The ExecuJiyg . Flgineer lrrigation Qepartment, lrrigation Division _ 2, 6 The District Colleqlgr, Khgrrngm Districl, TelangQnq T One pa to qF! SANDEEP KUIUAR BODLA, Advocate tOpUCl B Iryo QQc to QF,FQR MQPL ADTMN URBAN DEV. High Court for the State of Telangana. tQUl "

9. One C to SRI P ERIDHAR RAO, SQ fqr Klamrlam Municipal Corporation loPUc 10.Two I s QR BEVENUE, High Court for the gtAte of Tetangans at 1'l Two CQs t9 GP FpR IRRIGATION & CAD, Hish Cqurt for the State of Ielangana at Hyderabad [OUTI 12 }t.vo $p Copiqp. BSK BS \M \ I I HIGH COURT DATED:2210412025 I I I I ORDER WP.No.1'1790 ot 2025 t o o 1HE S l,q/( (' 01 ilAY 2025 i I 1l Dr:,: )^T CH DISPOSING OF THE WRIT PETITION WITHOUT GOSTS *+^ D4 o