High Court · 2025

THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 15840 OF 2025 Between: P. Koteshwar Rao, S/o. Vidyasagar, Age 66 Years, Occ Business' Rl/o H No' ai-lqo,Nagulaveedi,Hanimak-onda Properand District ...pETlTtoNER AND Commissioner, WaEngal Proper and District' t9 l!9-, Municipal Administiation Department, Secretariat Buildings' HyderaDao'

1. The State of Telangana, represented by its Principjrl -Secretary Z. ine CieaterWarangal Munibipal Corporation, represented by its 3 i# ifirry c,imtnisii5net, Circle-ll, Kazipet, Greater warangal Municipal 4 il;,ffi;ii Rri-, nirnEin, slb. M. Mattaiah , Age 42 Years, occ.Head. - ffi;tfij;,'Rv; ilN;.;-87, Mamnoor Village,-Hanumakonda Mandal and Corooritioh, Waranqal Proper and District. District. ...RESPONDENTS 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 order or direction more particularly one in the nature of writ ofmandarnusoranyotherappropriatewritdeclaringtheactionoftherespondent No's.2and3authoritiesinnottakinganyactionagainsttheillegaland unauthorized construction which is made by the respondent No. 4 in plot of land admeasuring 426 Sq. Yds (357.84 Sq' Mts) in Sy No 106 situated at Hanumakonda Village, Reddypuram, Hanumakonda District' considering the complaintsfiledbythepetitionerdatedOg.l2-2024,16-12-2024,06-01-2024and 03-02-2025, and notice issued by the respondent No 3 dated 16-12-2024 and intimation,dated2l-03-2025isnothingbutarbitrary,illegal,nullandvoidand violative of principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of lndia and also violative of the provisions of the Telangana Municipalities Act, 2019. Consequently direct the respondent No's 2 and 3 to take action aga rs he ilegar construction which is made arrd bering made by the respondent No. 4 i plot of land admeasuring 426 Sq. yds (:)57.t:4 Sq. Mts) in Sy No r 06 situate'i a r'ranumakonda Viflage, Reddypuram, Har un.rakonda District, considering the c.r rnraints fired by the petitioner dated 09-12.2it24, 16-12-2024, 06-01-2024 iind )i i-t2-2025, and notice issued by the respcndent No. 3 dated 16-12-2024 and int Iration, dated21-03_2025. lA NO: 1 OF 2025 Petition u rrre . section r 5i cpc praying that in the c irr;u rrrstances stated in the affidavit fi ed i r support of the petition, the High Court rna,7 be pleased to direct the resporc'e rr No's 2 and 3 authorities to take action against the iregar construction whtr;', I made and being made by the responde.rt No.4 in plot of land admeasr.rrirg .16 Sq yds (357.g4 Sq. Mts) in Sy Nc. ,06 situated at ra:r: Reddypuram, Hanumakonda Distrir:t r:onsidering the Hanumakonda compraints fired ty t r'; petitioner dated 09-12-2024, 16-12-202,1, (.t6-01-2024 and 03-02-2025 and n:,t r:e issued by the respondent No. 2 dateci 16_12-2024 and intimation, dated 21l ) il2OZS. 'r Counsel for the F,eti ioner: SRI K.VENUMADHAV Counsel for the F,es rondent No.1: Gp eOn ft/tlFf_ ADMN & URBAN DEV Counsel for the Res, ,Dndent Nos.2 & a: Snf iesffeM MOHITH, Sr:) FOR GWMC Counsel for the Resl ,)ndent No.4: _ The Court made th: ollowing: ORDER HONOURABLE SRI JUSTICE B. YIJAYSEN REDDY WRIT PETITI ONNo.15840 0F 2025 ORDER: (ORAL) Heard Mr. K. Venumadhav, leamed counsel for the petitioner, and Mr. Pasham Mohith, leamed Standing Counsel for Greater Warangal Municipal Corporation, appearing for respondent Nos'2 and 3 and perused the material available on record'

2. Petitioner and his brother claim to be owners of a plot admeasuring 426 square yards (357 84 square meters) in Survey No'106 situated at Hanumakonda Village, Reddlpuram' Hanumakonda District' It is alleged that respondent No'4 started interfering with the plot of the petitioner and his brother' To their surprise' respondent No'4 started unauthorised construction of shed and compound wall in their plot without obtaining any permission' The petitioner and his brother approached respondent No'2 Corporation to take action against respondent No.4. They have also submitted several representations' however no action has been taken so far'

3. It is stated that pursuant to the representations submitted by the petitioner, respondent No'3 issued intimation letter vide ROC.No.GI/C tr-lll4l8O2l2}24-25 dated ?l:W'2025 to respondent No'4 2 to remo'"'e r ri lhorised construction within 15 days. rur respondent No'4 did noi I c 'rply with the said letter. Respondent N,r.2 has not taken further actic,r ', ,r removal of unauthorised construction of shed and compoun,l rr':11 :,ursuant to the intimation letter, dated i:1.01t.2025, even after remurd: ' j riven by the petitioner. Due to inaction o1 respondent No.2, the petilir -t:r.is constrained to approach this C,.lurt

4. Learrcd !,tanding Counsel for respondent Nos.2 arrd I submitted that apprr:prirrrr action will be taken on the repr.eser Lrar ion of the petitioner an<[ r:,r I :ruant to the intimation letter dated 21.0.].201]5.

5. In r iev rr' the above, the writ petition is disposei of directing respondenr \ c - to forthwith take action on the inti,-ra tion retter vide Roc No G I /cir-r 'r 1 802 /zoz4-25 dated 2r .03.2025 issued ;y respondent No.3, for len;, rr. of unauthorised construction made by :espondent No'4 in the sub je r. prot, within a period of four (04) weeks liom the date of receipt cr1'a c o r,, of this order. As innocuous order is prrsser.l, notice to respondent Nrl.:t r: dispensed vrith. However, if responde:tt \o.4 feels aggrieved bv '1 . ':rrder, he is at liberty to approach trris (rorrrt seeking modification cf tl is order. No order as to costs. .7 ) As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed SD/. M.JAWAHAR REDDY ASSI TANT REGISTRAR //TRUE COPY// ECTION OFFIGER To n Department, Proper and District. Secretariat Buildings, HYd erabad, State of Telangana.

1. The Principal Secretary to the Municipal Administra 2. The Commissioner, Great er Warangal MuniciPal CorPoration, Warangal : fnJOeouivbommissioner, Circle-ll, Kazipet, GreaterWarangal Municipal + ond cc to sRl K.VENUMADHAV, Advocate [oPUC] 5.twoCCstoGPFoRMCPLADMN&URBANDEV'HighCourttortnestate o onJcc"to sRl PASHAM MoHlrH,-sc FoR GWMC [oPUC] 7. Two CD CoPies Corooritioh. Waranqal Proper and District. of Telangana, at HYderabad. [OUT] PSK PSK HIGH COUR r DATED:12l0ti2021 CC TODAY ORDER WP.No.1584( of 20Zs ( f, o i:-'-*'- 3T.\', q ) 1 't . . ,,i' r ll: "rr-t 5 r l. 1 ..(' I L v Ct .},+\ DISPOSING ( IF THE WRIT PETITION WITHOUT CC STS \_ f4- ffL b)