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 an order or direction more particularly one in the nature of writ of mandamus or any olher appropriate writ order or direction declaring the action of the respondent No. 3 authority in not passing any orders considering the explanation submitted b.y the petitionet daled 0510512025 to the intimation issued in Roc. No. Circle-ll/E-30361512024, dated _-4-2025, and issuing such intimation even though the respondent No. 4 is claiming a title dispute over the plots of land of the petitioners and even though respondent No. 4 is not at all claiming the plots of land of the petitioners situated in Sy. No. 554 of Hanumakonda Vill;rr1,:, N4andal and District, is nothing but a.bitrirry, illegal, null and void and violatr\ e of principles of natural justice, qiclative of tt e provisions of the Telangana N/ rn :ipalities Act and also violative of the Article.; 14 and 21 ot the Constitution o' ndia. Consequently set aside the said irtimation dated _-04-2025, thr-'r,,rhy rot to prevent the petitioner in any manner i r completion of the constructiolr r.f tlrr; buildings by the petitioners in their resJrecti,re plots of land plots of land ea:;h.n extent of 125.00 Sq. Yds in Sy. N,r. 5,)4, situated at Hanukonda Villarle \landal and District, being done by them in a:cordance with sanctioned plarr. lA NO: 1 OF 202s Petition un,lerr Section 151 CPC praying that in the circun stances stated in the affidavit iilr,,d r support of the petition, the High C,:urt ma1 be pleased to direct the respc n,ler t Nos. 2 and 3 authority not to prevent the petitroners in any manner in corrp et :n of their construction of buildings iri ac cordance with sanctioned platrs rl tted 22-08-2024 in their respective plots of land each an extent of 125.0) :)c1. /ds in Sy. No.554, situated at Hanr_rkorda \/illage, t\/andal and District. Counsel for the F eti .ioners: SRI K.VENUMADHAV Counsel for the Fier; rcndent No.1: GP FOR MCPL ADMN UREIAN DEV Counsel for the Fier; rcndent No.2 & 3: SRI PASHAM MOHITH, SC FOR GWMC The Court made the following: ORDER HONOURABLE SRI IUSTICE B. VIJAYSEN REDDY WRIT PETITION No.15763 OF 2025 ORDER: (oRAL) This writ petition is filed by the petitioners seeking to declare the action of respondent No.3 in not passing any ordbrs pursuant to the explanation submitted by them through letter dated 05.05.2025 to the intimation dated NIL.04.2025, as being illegal, arbitrary and unconstitutional.

2. Heard Mr. K. Venumadhav, leamed counsel for the petitioners; Mr. Pasham Mohith, leamed Standing Counsel for GWMC, appearing for respondents No.2 and 3; and perused the material on record.

3. Learned counsel for the petitioners submitted that petitioner No.l is the owner and possessor of the plot admeasuring 250 square yards in Survey No.554, situated at Hanamkonda Village and Mandal, Warangal Urba-n District, now at Hanamkonda District having purchased the same under registered sale deed bearing document No.15640 of 2018 dated

23.07.2018. Petitioner No.l submitted application for regularization of the said plot under Layout Regularization Scheme and proceedings dated

25.A4.2018 were issued regularizing the subject property by collecting requisite charges. It is submitted that petitioner No.l gifted an extent of 2 125 square ,varC s out of 250 square yards in favoui of peti rioner No.2 under registereC gift deed bearing document No.18788 of 2024 dated

13.08.2024 f h rr. upon submission of applications, the retit ioners were granted bui td i n g oermission v ide permit Nos.428098/G\nM( I 4249 /2024 and 4281091\)'t")1C1425112024 dated 22.08.2024 for conr,rtruction of ground * 1 upp:^ floor in the subject property. It is firther sul:mitted that the petitionels t,loceeded with the construction of the cuilding ln accordance u'itlr the sanctioned plan. While so, respondr:nt },lo.4 made a complaint siatilq that the petitioners, having obtained building permission fcrr c cnstruction in land in Survey No.55 t/l , are r.;onstructing RCC builctirrg in his land in Survey No.553/1 anc re luested for cancellation ol' :he building permissions granted in fav our of the petitioners. l)urs:ant thereto, intimation dated NIL.04.2 025 was issued by respon.le nt \o.3 to which the petitioners submitt :d detailed explanatior datel 05.05.2025. However, respondent No. I ha'i not passed any orders. In lu: meanwhile, the municipal officials, are inte rfering with the constru:t on iLctivity undertaken by the petitioners, as su,)h, they are constrained t,:r rr rproach this Court seeking to direct responc ent No.3 to pass orders pr.urn limt to the explanation submitted by t.herr. w I I J

4. Leamed Standing Counsel for GWMC submitted that appropriate orders will be passed by the respondent authorities in accordance with law as expeditiously as possible.

5. In the circumstances, this writ petition is disposed of directing respondent No.3 to pass appropriate orders pursuant to the explanation dated 05.05.2025 submitted by the petitioners to the intimation dated NIL.04.2025, by giving opportunity of hearing to the petitioners and to respondent No.4, in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. Until enquiry is concluded by respondent No.3, there shall not be any interference with the construction activity undertaken by the petitioners pursuant to the building permissions granted in their favour.

6. As order is passed without entering into the merits of the case, notice to respondent No.4 is dispensed with. However, if respondent No.4 is, in any way, aggrieved by this order, he is given liberty to approach this Court seeking r4odification ofthis order. There shall be no order as to costs. I To, 4 As a sequ,l thereto, miscellaneous applications, if any, pending in this writ petiti rn stand closed /iTRUE COPY// SiD/- V.KAVITHA qPU rY REGISTRAR a Se<:rtoru oFFlcER 1 The Prir.;ir,i,l Secretary to the Secreta'ia El lldings. Hyderabad' Municipal Adrnini:;tratirln Department,

2. The cornrrris;l,ilner, Greater warangal tvlunicipal corporztion warangal' 3 The Deoutv Oommissioner, Kazipet Circle-ll' Greater Wa'angal Municipal - Coiporaii,'n. (azipet, Warangal District'

4. One CC tr: [];ll K.VENUMADHAV, Advocate [OPUC] 5. ONC C(; t':' SJ ?I PASHAM MOHITH, SC FOR GWMC; [OF'UC] 6. Two c()s to lP FOR IVCPL ADNIN URBAN DEV, High court for the state of Telangan 'r a ttyderabad [OUT]

7. Two C[) (. o: r:s BSR HIGH COUR-T DATED:1UA$12025 II}C TODAY ORDER WP.No.16,163 of 2025 I .// : .. ,44)< 1\ SHE TA r'l () - Y ,,/ .l:.r,-.,)/_ --v '.. - -'..l';.-', , DISPOSING OF THE WRIT PETITION, WITHOUT C:)STS tr) u)x --r--