Karukuri Chandramouli v. 1. 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 a writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the speaking order dated 25-11-2024 vrde Lr. No.G1lUCl44l2024 and notice of revocation dated 20-11-2024 vide no.4439441MANC1088712024 issued by the Commissioner, Mancherial Municipality and also his action in sealing the house bearing number 12-774711315 (adm.346 sq. yards) situated at Sy. Nos.199/1, 199, 19914 ol Mancherial Shivar, wrthout considering petitioner's explanation to the show-cause notice and without following due procedure as illegal, arbitrary, contrary to law and contrary to Telangana Municipalities Act 20'18, in violation of principles of natural justice and in violation of Articles 14,21 and 3004 of constitution of lndia and consequently set-aside the orders dated 25-'1 1-2024 and 20-11-2024 with a direction to the respondents to forthwith unseal. the premises. 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 2nd respondent to forthwith unseal the house bearing number 12-774711315 (adm.346 sq. yards) situated at Sy Nos 199/1 199, 19914 ot Mancherial Shivar by suspending the speaking order dated 25-11-2024 vide Lr. No.G1lUCl44l2024 as well as revocation dated 2O-1 1-2024 vide no443944lltAANCl08B712024 issued by the Commissioner, [\Iancherial tVlunicipality, pending disposal of the above writ petition in the interest of justice. the notice of Counsel for the Petitioner: SRI P.LAKSHMA REDDY Counsel for the Respondent No.1: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent No.2: SRI PUTTA KRISHNA REDDY, SC FOR Counsel for the Respondent No.3: GP FOR REVENUE MPCL The Court made the following: ORDER THE IIONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.15916 OF 2025 ORDER: This writ petition is filed by the petitioner seeking the following relief: "... to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the speaking order dated 25'11-2024 vitlc Lr.No.G l/UC/4 412024 and notice of revocation dated 20- 11-2024 vide no.443944MANC/0887/2024 issued by the Commissioner, Mancherial Municipality and also his action in sealing the house bearing number 12-7747113/5 (adm. 346 sq. yards) situated at Sy.Nos.l99l1, 199' 19914 of Mancherial Shivar without considering petitioner's explanation to the show-cause notice and without following due procedure as illegal, arbitrary, contrary to law and contrary to Telangana Municipalities Act 2018. in violation of principles of natural justice and in violation of Articles 14, 21 and 300,4 of Constitution of India and consequently set aside the orders dated 25-11-2024 and,20-ll-2024 with a direction to the respondents to lorthwith unseal the premises and be pleased to pass . . ." , I 2 i*

2. Heard Mr. P. Lakshma Reddy, leamed counsel for the petitioner, and Mr. Putta Krishna Reddy, leamed standing counsel for Municipalities, appearing for respondent No.2

3. Petitioner claims to be the owner of the property bearing H.No.12-7747l l3l5 admeasuring 346 square yards ln Survey Nos.l99l1, 199 and 199/4 situated at Mancherial Shivar having purchased the same under registered sale deed bearing document No.76 I of 2016 dated 20.01 .201 6. Petitioner applied for permission for construction of building in the subject property with respondent No.2 in the year 2016 and he was granted building permission by respondent No.2

4. It is stated that due to paucity of funds, he could not proceed with the construction and the building permission was lapsed in the year 2019. On 21.10-2024, petitioner made another application for construction of Stilt + three (3) upper floors building in the subject property with respondent No.2. By order dated 21.10.2024 vide permit No.443944IMANC/08872O24, respondent No.2 granted permission for construction of buildin!-ii-the subject property. 3

5. It is stated that petitioner proceeded with the construction in the subject property by maintaining necessary setbacks as provided under the sanction plan. Show-cause notice vide Lr.No.GlfuC/ 4412024 dated 24.10.2024 was issued to the petitioner by respondent No.2 alleging that he commenced the construction without leaving mandatory setbacks and buffer zone on Nala which is in deviation of the building permission obtained through self-certifi cation.

6. It is stated that petitioner submitted reply dated 12.11.2024 to the show-cause notice dated 24.10.2024. Thereafter, revocation order v ide Notice No.443944/MANC/08 87 12024 dated 20. I l -2024, and consequently speaking order vide Lr.No.Gl/UC/4412024 dated

25.11.2024 was issued by respondent No.2 as per the Section 174(4) and 178(2) of the Telangana Municipalities Act 2019 (for short 'Act 2019') directing the petitioner to remove the unauthorized construction in the subject property. It is further stated that pursuant to the speaking order dated 25.11.2024 the subject property of the petitioner was sealed by respondent No'2. 4

7. Learned standing counsel for Municipalities, appearing for respondent No.2, submitted that petitioner has an effective alternate remedy before the appellate authority under Section 252(l) of the Act 2019. Petitioner has constructed the building without maintaining mandatory setbacks, did not leave buffer zone on the west side of the property and the reply submitted by the petitioner was not satisfactory, as such, impugned order was passed. There are no rnerits in the writ petition and liable to be dismissed.

8. In the speaking order dated 25.11.2024, respondent No.2 stated that petitioner has not submitted any explanation regarding buffer zone, road effected area and the extent of the property; petitioner has commenced the construction work in the subject propefty in deviation of the sanctioned plan and did not leave any buffer zone on the west side of the property.

9. In the show-cause notice dated 24.10.2024, respondent No.2 ought to have given clear details of setback violations/deviations with regard to the buffer zone of the Nala. Unless such deviations/violations are-pointed out, it is not possible for the 5 petitioner to submit effective reply. Though, it is stated in the impugned proceedings that petitioner has not submitted explanation with regard to the buffer zone, road effected area and extent of the property, in the opinion of this Court, it is incumbent upon respondent No.2 to point out deviations in the show-cause notice as the consequences that would follow penal in nature which includes revocation of building permission. If proper show-cause notice is issued, it would enable the petitioner to not only effectively defend the proposed action but also rectify the deviations/violations in the buitding permission

10. Though, there is substantial delay on the part of petitioner in approaching this Court, as it is stated that the building was already constructed and pursuant to the speaking order dated 25.11.2024 the building was sealed, and also considering the vagueness in the show-cause notice dated 24.10.2024 as pointed out in the preceding paragraphs, the impugned order is liable to be set aside. I 1. Accordingly, the writ petition is allowed setting aside the speaking order vide Lr.No.Gl/UC/4412024 dated 25.11.2024 and 6 notice of revocation vlde Notice No.443944lMANCl0887l2OZ4 dated 20.11.2024 issued by respondent No.2 in respect of the property bearing H.No.12-7747l13/5 admeasuring 346 square yards in Survey Nos. 199/1, 199 and 199/4 situated at Mancherial Shivar. Consequently, respondent No.2 is directed to forthwith unseal the subject property. Further, respondent No.2 is directed to issue fresh show-cause notice to the petitioner pointing out all the deviations/violations and take necessary action in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. //TRUE COPY// /.P. PONNA KRISHNA A SISTANT REGISTRAR SECTION OFFICER 2 ., 4 E nd Urban Department, '1 . The Principal Secretary, Munici pal Administratio n Secretaria Hyderabad, T S, State Of Tel angana. v The Commissioner, f\rlancherial I\/uni ipality, Manch The Tahasildar (cum Team Leadei District Task Fo Mancherial District One CC to SRt p.LAKSH|UARED.D! Two CCs to Gp FOR t,Cpl. A.DMN & URb;N'bEV, Hiln Cor.t for the State of Telangana. at Hyderabad. IOUTI une cc to sRt PUTTA KRtstiNA HEDDY, sc FoR MpcL [opucl ,1y;":,t;1" ?j.ir?* Two CD Copies REVENUE Hish c;u;f.;illisi,t" oi reraniana, at rce), Mancherial Mandal, Advocate tOpUCl o 7. To o PSK, BS 6 HIGH COURT DATED:1110612025 ORDER WP.No.15916 of 2025 ALLOWING THE WRIT PETITION WITHOUT COSTS (rur',9 K.u" ,/.. /1 \ )R IHE S l4 1 \ h,r'rll,-,.. - ---l $(' !.z