High Court · 2025

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 lVlandamus declaring the action of the '1st Respondent in not taking any action on the illegal and unauthorised constructions made by Respondents 2 and 3 over premises bearing H.Nos.'l-7-179lD1 and 1-7-1791D5, Khammam Road, Suryapet, Nalgonda District, in contravention to the Sanctioned Plan, as arbitrary, illegal, unjust, violative of the Fundamental and Constitutlonal Rights guaranteed to the Petitioner under the Constitution of lndia and contrary to the provisions of the Andhra Pradesh Municipalities Act, 1965, and for issuance of a consequentral direction to the 1st Respondent to forthwith take appropriate action on the illegal and unauthorised constructions made by Respondents 2 and 3 over the aforesaid land in pursuance of the Notice in U.C.R.No.41l2015 dated 06 01 2015 issued under Sections 217(1)&(2) and I I 1 i I 228(1)&(2) and. th{? Final Notice in U C.R.No.4112015 dated 20.01.2015 issued under sections 217(3),228(3) and 360 of the Andhra Pradesh Municipalities Act' 1965. I.A. NO: 1 OF 2O1 s{WPMP. NO:38962 0E 2015) Petition under Section 151 CPC praying that in the circumstances stated in the affidavii file,l in support of the petition, the High Court may be pleased to directthelstRespondenttotakeappropriateactionontheillegaland unauthorisedconstructionsmadebyRespondents2and3overthepremises bearing H.Nos.1-7-'179iD1 and 14-179tD5, Khammam Road, Suryapet' Nalgqnda District, in pursuance of the Final Notice in U.C.R.No.41l2015 dated 20,01 .2019 issued under sections 217(3), 22813) and 360 of the Andhrs pradesh MunicipalitiesAct,lg65,pendingdisposaloftheaboveWritPetition' NO: 2 OF 2015 WPMP. NO: 38963 0F 2015 Petition uncler Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased tq direct Respondents 2 and 3 not to make any further constructions on Premi$es bearing H,Nos l '7-17glD1 and 1-7-1791D5, Khammam Road, Suryapet' Nalgonda District, pending disposal of the above Writ Petition' .A. NO: 1 OF 20 1ri VVVMP. NO : 4890 OF 2016 Between:

1. tVlaroiu Yadaiah, S/o Omkaraiah, aged about 60 years, H.No.1-7-1r'glD5, Church Compound, Suryapet, Nalgonda Drstrrct'

2. tVlaroiu Viiava, Wo. Maroju Yadaiah. aged about - n -r.ro11 z-t?dlD5. Churcn compound, Suryapet Nalgonda District' 50 . years' - R/o. R/o. ...PETITIONERS AND 1 Suryapet Ir,I un icipality, Nalgonda District, rep. by its Commissioner' 2. Md. Taiunnisa, Wo. lbrahim, aged about 50 years, R/o H.No.1-7-179lD4lA' Chu rch-Conpou nd. Suryapet. Nalgonda District. ...RESPONDENTS I i Petition under section 15i cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the Order dated 14-10-2015 iffiPVp.tto.s8963 of 2015 in Wp No. 30 1'13 of 2015 and dismiss the Writ Petition, pending the above Writ petition. Counsel for the Petitioner: SRt MD.ARSI.IAD AHMED Counsel for the Respondent No.1: SRI PUTTA KRISHNA REDDY, SC FOR MCPL Counsel for the Respondent No.2 & 3: SRI K.BHASKAR REgDy, REp. FOR SRI A.VISHNUVARDHAN REDDY The Court made the following: ORDER ( I I I I I I r.'J I i HON'BLE SRI JUSTICE K. LAKSHMAN 1VRIT PETITION No.3O113 OF 2Ol5 ORAL ORDEIT: Heard Mr.Arshad Ahmed, learned counsel for the petitioner, Mr.Putta Krishna Reddy, learned Standing Counsel for respondent No.1 and Mr.K.Bhaskar Redd5,, learned counsel representing Mr.A.Vishnuvardhan Reddy, learned counsel for respondent Nos.2 and 3.

2. The pe-:itioner is a resident of Church C)ompound, Suryapet, Nzrlgonda, within respondent No.1 Municipality. According to the petitioner, respondent Nos.2 and 3 are making const.ruction without obtaining building permission. Therefore, she has submitted a representation dated

06.ll.2014 to respondent No.1 with a request to take action against respondent Nos.2 and 3. Thereafter, respondent No.1 has issued building permit order dated 25.11.2024 to respondent ltlos.2 and 3 for construction of residential building with stilt + four upper floors. Even then, respondent Nos.2 and 3 zre making construction in deviation to the said ') building permit order. Therefore, the petitioner filed the present writ petition.

3. Vide order dated L4.tO.2Ol5, this Court directed respondent No.l to ensure that no further construction activity takes place over the house bearing Nos. 1-7-179/D1 and 1-7-179 /D5, Khammam Road, Suryapet, Nalgonda District, until further orders.

4. Learned Standing Counsel for respondent No.1, on instructions, r,r,.ould submit that respondent Nos.2 and 3 are proceeding with the construction.

5. Learned counsel for respondent Nos.2 and 3, on instructions, would submit that the said building permit order was expired in the year 2017 aod they have approached respondent No.1 for extension of time for construction. Therefore, they will not proceed with the construction.

6. In the light of the said submissions, this Writ Petition is disposed of, gralting liberty to respondent Nos.2 and 3 to pursue with respondent No.1 seeking extension of time to complete the construction pursuant to the said building I I I I I l i I I t -1 permit order dated 25.11.2014 or to obtain fresh building permit order or work commencement letter from respondent No.1 and thereafter, proceed with the construction. If there is any deviation, liberty is granted to respondent No.l to take action against respondent Nos.2 and 3, strictly in accordance with the procedure laid down under the Telangana Municipalities Act, 2019. In the circumstances of the case, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shail stand closed. \ To, //TRUE COPYII SD/.A.V.S. PRASAD NT REGISTRAR ASS CTION OFFICER

1. The Commissioner, Suryapet I\4unicipality, Nalgonda District. 2. Maroiu Yadaiah, S/o. Omkaraiah, aged about 60 years, R/o. H.No.1-7-1791D5, Church Compound, Suryapet, Nalgonda District. 3. Maroiu Viiaya, Wo. Maroju Yadaiah, aged about 50 years' Rlo. H. No. t :; : 17 91D5, Church Cbmpound, Suryapet, Nalgonda District.

4. One CC to Stll MD.ARSHAD AHIVED, Advocate [OPUC] 5 One CC to SRI A VISHNUVARDHAN REDDY, Advocate [OPUC] 6. One CC to SRI PUTTA KRISHNA REDDY, SC FOR MCPL [OPUC] 7. Iwo CD Copies BSR BS \.P HIGH COURT DATED: 2514212025 I iiE ST4 Y 3 1n qrlq 2025 !' 7 i. * l) :--;-)/ ORDER WP.No.3011ll of 2015 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ht/ I L [o I I i