High Court · 2025

Petition under Articre 226 0f rhe constitution of India praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or direction more particurarry one in the nature of writ of Mandamus decraring the proceedings of the 2nd respondent dared 27-05-2025 in proc.No. G'rlTMS/26 55t2025 directing the petitioner to remove the compound wafl constructed in sy.No. 31g1/2 Gurbababdi Road, Nizamabad, within 'r5 days fairing which it wiil be demorished by the authorities is illegal, null, void, arbitrary. lA NO: I oF 202s Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondent no.2 not to demorish the petitioner property pursuant to the proceedings in Proc.No G1/TM5/2655/2025 dated 27-O5-2O25, penling disposal of the writ petitior Counsel for the Petitic ner: SRI K.DURGA PRASAD Counsel for the Re:;pc ndent No.1: GP FOR MCPL ADMN & URBAN E)EV CounselfortheRer;pcndentNo.2:SRIV.SATYAMREDDY,SCFOFIIJIPCL Counsel for the Respc ndent No.3: SRI PONNAM ASHOK GOUD FCIF SRI PONNAM MAHESH I3ABU W.P.NO: '14327 OF 20i:E Between: Gopu Raju Agriculture, Telangana 6, Grou Bantu. S/o Gopu Aeqonda, Aged abo.it. 55 years. Occ. iilo U.tlo.z-+-16, Kuhar Galli, Nizamabad Jawahar Road, .. PETITIONER AND

1. State of Telarrgara, Rep by Principal Secretary, Municipal Adnrirrir;tration and Urban Devr:loprr ent (MAUD)

2. District Colrector I'lizamabad, Telangana 3. The Commiss'iorer,, Nizamabad Municipal Corporation 4. Sri M. Dayanand, S/o Laxmaiah, aged about.. Not known, Or:c lr ot known, 5. Sri Y. Srinitta:; Gcud, S/o. Ganga Goud, aged about. Not kn':wn, Occ Not R/o. H. N6. 11-1 s76h, New NGO's Colony, Nizamabad known, Rl,/o. l-1. I\. 6_54, Arya Nagar, Nizamabad .,.RES'ONDENTS Petition urderr lrrticle 226 of lhe Constitution of lndia prayirrg that in the circumstances slated irr the affidavit filed therewith' the High Co'lrt may be pleased to issue ar order, writ or direction more particularly one ln the nature of writ of Mandamus, rlec letring the action of the Respondent No. 3, in oailing to take appropriate steps to prevent the illegal construction or ihe u nauthorized construction of c,:nrpcund wall even after the statutory notice was issued to the respondent No on the l)etitioner's complaint as illegal, arbitrary ar d violative of Article 14, 21 antl 30tl\ of the constitution of lndia and Conseqtrentl'1, it is prayed that this Hon'ble cou11 rnay be pleased to direct the Respondent Nr:. 3 to initiate necessary action after the notice No Gl /TM 5/26 5512025 dated (r7-0'r-2025 issued on unauthorized oonstruction of compound wall. IANO:1O F 2025 Petition under section 1 51 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_ 3 to take further necessary action on No G1fiM51265512025 dated 07-04_2025 on the unauthorized compound wall pending disposal of the above writ petition. the notice construction Counsel for the Petitioner: SRI pONNAM MAHESH BABU Counsel for the Respondent No.1: Gp FOR MCPL ADMN & URBAN DEV Counsel for the Respondent No.2: Gp FOR nEVef.f Ue Counsel for the Respondent No.3: SRI K.SIDDARTU neOOy, SC FOR MPCL Counsel for the Respondent Nos.4 & 5: _ The Court made the foilowing: COMMON ORDER THE HONOI'RABLE SRI JUSTICE B. VIJAYSE\ REDDY WR][T'PETITION Nos.l5775 AND 14327 OF 202tr CoMMoN!,lfDER: (0RAL) Sin,:e cc ntmon issue is involved in both the u rit. I re titions, with the cors€rnt of the both sides, they are being disposed r'f by this common orcLer

2. Pet tioner in W.P. No.I5775 of 2025 is respon,lent l.lo.4 in W.P. No. ,412'" f 2025 and petitioner in W.P. No. 143117 or' 2025 is respondert I'1o.3 in W.P. No.15775 of 2025.

3. For ttre ;:Lke of convenience, the facts in $I.P. No. 5 775 of 2025 are:,et out as under W.P. No. 1577!i,of 2025:

4. This.vri: petition is filed by the petitioner seekir.rg to declare the acticn r:f respondent No.2 in issuing the or<ler vide Proc.No.(ii'T\451265512025 dated 27.05.2025 direciing him to remove t1e cornpound wall in Survey No.3 I 9l /2. Gur,rtrababdi Road, Nizanrat,ad, as being illegal, arbitrary and unconstitutronal. 2

5. The order impugned in this writ petition was passed on the complaint of respondent No.3 herein regarding the illegal construction of the compound wall in the land in No.3 191/2, Gurubababdi Road, Nizamabad. Earlier to that W.P. No.14327 of 2025 was filed by respondent No.3 herein seeking to direct respondent No.2 the Commissioner, Nizamabad Municipal Corporation, to take action against the petitioner pursuant to the show-cause notice vde Notice No.G1/TMS/265512025 dated

07.04.2025.

6. Mr. V. Satyam Reddy, leamed standing counsel for Nizamabad Municipal Corporation, appearing for respondent No.2, on oral instructions submitted that compound wall has been constructed by the petitioner in the subject land, six (6) months ago, and on the complaint of respondent No.3 impugned order dated

27.05.2025 have been passed directing the petitioner to remove the compound wall within fifteen (15) days.

7. Mr. K. Durga Prasad, leamed counse[ for the petitioner, submitted that compound wall was constructed to safeguard the 3 subject larrd an,l to protect it from encroachers. Furthet., th.) part of compound wall vras already demolished.

8. Mr. Pon ram Ashok Goud, leamed counsel, repr:r enting Mr. Ponnam Mahesh Babu, leamed counsel for responder.Lt No.3, submitted that there is title dispute between the peritio rr,r and respondent No.:,, the name of respondent No.3 was entered in Bhu Bharati Porta[, an,1 the petitioner does not have any title iocurnent.

9. Leane,l c ounsel for the petitioner submitted tha t pt.titioner was under the inrpression that permission is not required filr the construction c,f compound wall in the agricultural land.

10. How,:v,:1, lt:amed standing counsel appearing fbr resgrondent No.2 submihed that there is no online facility availatrl: for submission of apo.ication for construction of compound vrall s16 gr" petitioner is recuired to submit application for consrruclic,n of compound wall physically, and the same will be prc,cesr;eC, in accordance wi th law. 4 I l. In the circumstances, the petitioner is granted liberty to submit application to respondent No.2 for construction of compound wall in the subject land, within a period of five (5) days from the date of receipt of a copy of this order. On receipt of such application, respondent No.2 is directed to pass orders, within a period of fifteen (15) days thereafter, by issuing notice to the petitioner, respondent No.3 and all other interested persons, and by giving opportunity of hearing to them. Till such exercise is completed, status quo, obtaining as on toiay shall be maintained, and both the parties are directed not to change the nature of the subject land. t2. With the above observations the writ petition is disposed of. W.P. No.14327 of 2025:

13. Pursuant to the order passed by this Court in W.p. No.14327 of 2025 dated 02.05.2025, respondent No.3 has passed the order vide Proc.No.Gl/TMS/265512025 dated 27.05.2025, directing the respondent No.4 (petitioner in W.P. No.15775 of 2025) to remove the compound wall in the subject land. Therefore, the cause in this writ petition does not survive requiring any further adjudication. 5 the compcurLd 'val[ in the subject land. Therefore, the ':aus,: in this writ petition do::, not survive requiring any further adjudicatron

14. Accor,lingly, the writ petition is closed As a sequel thereto, miscellaneous applicatic,ns, if any, pending ir thes: writ petitions stand closed. There shall be rro order as to costs. //TRUE COPYII SDI- T.SRIDEVI SISTAN'I' IlEGISTRAR {s \ SECTION OFFICER Nizamabari t)ist'ir;t-503001 Hyderabacl. {ita,e of T6langana. 1 . The Principa Se :cretary, Municipal Administratiort Oepartment, {:ie cretariat, 2. The Comnris siorrerr, Nizamabad Municipal Corporation, Nizamahad, 3. One CC to S,Rl l( DURGAPRASAD, Advocate tOpUCl 4. One CC to SrRt t( StDDARTH REDDY, SC FOR MPCLlOp,JCl 5. Two CCs tc (iP FOR MCPL ADMN & URBAN DEV, Hisjh Ccuri ,cr the State - of Telangana, at l-lyderabad. [OUT] 6. Two CCs tr (iF, FOR REVENUE, High Court for the State of Teliangana, at 7. One CC to SIll \I SATYA.IM REDDY, SC FOR MPCL [OpUC;] 8. One CC to SIil I,ONNAM MAHESH BABU, Advocate tOpUCl 9. Two CD Cr:piei; Hyderabac lOLll'l To PSK. PSK HIGH COUR DATED:16106|,2025 CI} TODAY COMMON ORDER WP.Nos.15775i AND 14327 o12025 . a r\ o lIS t4 1 I ,,,i'l ?ii25 .P DISPOSING OF THE W.P.No.15775 OF 2025,AND CLOSING THE: W.P.No.14327 OF 2025 WITHOUT COSTS \ Itp w