The 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 declaring the action of the Respondent Nos.3 to 5 in trying to demolish the sheds constructed in the land in Sy No.59/A situated at Kachavanisingaram Village, Ghatkesar Mandal, Medchal-Malkajgiri District on 131O5t2025 and also challenging the Notice in 1r.No.2447lComm./HYDRAA/ Prijl2O25, dated 05/05/2025 issued by the 4th Respondent without having any +' j jurisdiction and wit rrut granting sufficient time to submit the t,:xplanation and without consrdering t re representation dated 05/05/2025 lo grant two weeks time to submit th,: docurrents is illegal, arbitrary, contrary to law an,:l in violation of principles of natural lustice and also in violation of Articles 14,2'1 and 300-4 of Constitution o1 lndirr and consequently direct the Respondents not to interfere with the Pertitioner s, sheds in Sy. No.59/A, of Kachavanisingaram Village, Ghatkesar Mandal, lledc ha l-Ma lka jg iri District to an extent of Ac.0-35.2 Gts., and not to demolish tho sheds in the said property and also directed to drop the further proceedings by withdrawing the said notice dated 05/05/20:25. 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 R(-'spond,llls to not to interfere/ demolish the subje(;t sheds in any manner in SV No 59/A of Kachivanisingaram Village, Ghalkesar ltlandal, Medchal-lvlalkajgiri )istrict belonging to the Petitioner, pending Cisposal of the Writ Petition. Counsel for the Petitioner : SRI c.NARENDER REDDY Counsel for the ResSrondents No.1&2 : AGP FOR MCPL ADMN URBAN DEV counsel for the Respondents No.3&4 , 3['L.Jrl,rSJff;rAN KUMAR, counser ror the Respondents No'5 ' 33'IoTlnr[[irXtlrTtoo"' The Court made the lollowing: ORDER {-,--." .l THE HON'BLE SRI WSTICE J. SREENTIIAS RAO WRIT PTTITION No.1515O of 2025 ORDER: This Writ Petition is filed seeking the following relief: - "to issue a u)rit order or direction tnore particutarlg one in the nature of WRIT OF MANDAMUS declaing the actton of the Respondent Nos.3 to 5 in trying to demolish the sheds constructed in the land in Sg.No.59/A' situated dt Kachauanisingaram Village, Ghatke s ar Manda| Medchal-Molkaj giri District on 13.05.2O25 and olso challenging the Notice in Lr.No.2447/ Comm./ HYDRAA/ PRIJ/ 2025' the 4th dated O5.O5.2O25 issued bg Respondent uithout hauing ang jurisdiction and uithout granting sufficient titne to submit the explanation and uithout consideing the representation dated O5.O5.2O25 to grant tttto weeks tirne to submit the documents is illegal, arbitrary, contra.ry to lana and in uiolotion of principles of natural justice and also in uiolation of Articles 14, 21 and 3OO-A of Constitution of India and consequentlg direct the Respondents not to interfere rtith the Petitioners sheds in Kachauanisingoram Village, Ghatkesar Mandal, Medchal Malkajgii District' to an extent of Ac.O-35.2 Gts and not to demolish the sheds in tle said propertA and also directed to drop the further proceedings bg tt-tithdranuing the said notice dated O5.O5-2O25." Sg.No.S9/ A 2 I r5,

2. Fleerrd Siri G.Narender Reddy, learnecl counsel for the petitionr.r', lcarned Assistant Governmertt ple:r< ier for Munic:ipal a.dministration appearing for resltc,ndent Nos.1 ancl 2, Sri Kowturu pavan Kumar, lt arned Standing ()orrnsel appearing for respondent Nos.3 and 4 and Sri PLrttf Krishna Reddy, learned standing c,r)unsel appearing f,lr respondent No.S. With their const:r,t, this writ pel itio--r is taken up for disposal at the st age of admission i t sclf.

3. Learnerl counsel for the petitioner submits that petitioner i s thr: owner and possessor of land to an extent of .1c.O-35.2 Gts, in Sy.No.59/A, sittrated at Kachavanis ingaram Village, Ghatkesar N{anclal, Medchal-Malkajgiri District, having acquired thr: same throtrgh re qistcred sale deed bearing documen r \o. 7O5 of 19!)2 drLted 30.or.1992, by paying valt abie sale Thereafter, cons id era1.i <,n petitioner's n.rnt( r was mutztted irr the reventle records. Latcr, pe titioner obtajnecl p,r'rmission for construction of sheds on an 3 .,] I extent of 95O Sq.yards out of Ac.0-35.2 Gts and constructed the sheds. It is further submitted that the Gram Panchayat allotted H.No.4-54 and the petitioner was paying property tax to the said Gr.arn Palchayat. Thereafter, the said Gram Panchayat was rnerged into respondent No.5 Municipality and the petitioner is now paying the property tax to respondent No.5.

4. While things stood thus, the respondent No,4 issued impugned notice bearing Lr.No.2447 /Comm.,/HYDRAA/Prij/2025, O5.O5.2O25 and directed the petitioner to furnish the relevant documents for verilication, within in a period of three days from the date of receipt of the said notice. Thereafter, the petitioner, on 05.05.2O25, made a representation and requested respondent Nos.4 and 5 to grant two weeks time to submit the relevant documents. However, respondent Nos,3 to 5, did not grEint the time and on 13.O5.2O25, the ofircials of respondent Nos.3 to 5 tried to demolish the sheds which were constructed on 4 the srrbject F)roperty in the year 2OO7. The said acrion of respon<1ent lrkrs.3 to 5 is in gross violation of principles of nal.ural jr r st ice .

5. Per .ontra, learned Standing Counsr '1 for respcndent Nos.3 and 4 submits that the petitioner, withc,ut su'l)mitting the requisite documenrs as st,tted in the noticc dated O5.O5.2025, approach<:cl thjs Court with ar-r inte ntion to protract the litigation in one wa)'or the othe r.

6. Learned Standing Cor.rnsel altpearrng for responden - No.5 submits that he is szriling on the submissiorrs made by learned Standing Corrrrsel for resporrden I Nos.3 and 4 7 . Ilaving considered the rival submissions n rade by the rcspe(r [ive parties and upon perusal of I naterial available cn record it reveals that the pctitioner is clairning t re right over the subject property purs.uant to the rr:gistr: ro{-..sale deed dated 3O.O1.Igg2. Thr: record :-: , I 5 further reveals that pursuant to the notice dated

05.05.2025, the petitioner had not submitted the relevant documents and on the other hand, sought two (O2) weeks time for submitting such doctrments. a. Taking into consideration the facts and circumstances, this Court deems it appropriate to permit the petitioner to submit the relevant documents in respect of the subject property along with explanation, if any, to the notice dated O5.O5.2O25, within a period of ten (1O) days frorn the date of receipt of a copy of this order and on receipt of such explanation, the respondent Nos.3 to 5 are directed to t { consider the same and pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably, within a period of two (O2) weeks from the date of receipt of a copy of petitioner's explanation and communicate the same to petitioner. Howevbr, till such time the respondent authorities are directed not to take any coercive steps in respect of the subject property. It I I l 6 l is also mzrde clear that this Court has not express€.d ar-ry view of lhe ncrits of the case 9 . Accord ingly, the writ petition TS disposc'cl , rf. No COStS. I)endin5; miscellaneous applications, if .rr-ry. shall stand closc(l To, //TRUE COPY// SD/. C. DEEPIKA ASSISTANT BEGISTRAR SECTIdi\ OFFICER -B;auai"hZ vrer r.,vr ru v(r fl VEl]:Jo:lt "*AA ), Ttti rtoor, sudn; State of Telirrrgana, Hyderabad - ' I!ir!*'#' o?"'6llira*[ii?5.,'+H[j",:,,!",:,3.:."y3"fl,,?i"r.l?8il33: / 2. The District Collector. t1t9O1gleQ District Coltectorate Corrptex Anthaipalli, S hameer pel tr/anda I MedCh5i [Etk"Jg,;i Dirfti """ 3. The Comm s sroner. Hy{erabad Disaster Response and Asset protection nisrnl ii r.j Ji r,ji'Eiii,i ] 4. The Enquirr oflicer. Hyderaba_d Disaster Response and Asset protection fl Vfil]:Jo:Xt "*A), 7th' Froti B,orii e;"",; HI nis,nl s, :e ;"ii;;k'Effi : 5. The Commis;sioner pocharam, pocharam Municipatity, ()hatkesar Mandal 6. One CC to SRt G.NARENDER REDDY, Advocale. tOpUCl 7. TWO CCS tO 3P FOR I,CPL ADMN URBAN DEV, High COUrt for thc StAtE Of Telangana. [r)UT] t l.i"ir!i to SRI KowruRU PAVAN KUMAR, sc FoR GHrvc/HyDRAA. to sRl KRIsHNA REDDY purrA, sc FoR rvuNtctpAltry/Mc. Il4ed cha l-Mi rl<a jgiri Distnct ' 3#r3f '10. Two CD Copies. BSK KV \qJz r. ::}-€n;!'.-.. _.._!:-i=f,'-8"'&l;.jyr--- i !-t ,-.! r: rr{,r, r.1r . 1-..319&9v.:rr.!.--. , :f"rl .ry-a HIGH COURT DATED:1410512025 VACATION COURT ORDER WP.No.15150 of 2025 ,j r'l t $ $\\ : ) OF r. S:rrii.,/ . t/i .,t -,'' r"'/ 'r-a-t.-' 8,,. DISPOSING OF THE WRIT PETITION WITHOUT COSTS U,9 (,* /J