High Court · 2025

7 Mr Kalala Srinivas, S/o. Unknown, Aged.50 years, Occ. Ex- Councillor, Rl/o of Munnurkapu Sangam Besides Men's Club, Gunj Road, Ambedkar Chowk. Adilabad District. Telangana. ....RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the crrcumstances stated in the affidavit filed therewith, the High Cou( may be pleased to issue a Writ, Order or Direc{ion more particularly one in the nature of Writ of Mandamus by declaring the action of the Official Respondent Nos.1 to 4 more particularly the RespoMent No.2 to 5 in spite of recerving Petitioners Written Complaint dt. 20{3-2025 in not taking necessary action against the Unoffrcial Respondent Nos.6 and 7 who have carrted out unauthorized construction of mulgies at Gunj road of Munnurkapu Sangham at Adilabad District, Telangana without any proper sanction plan arrd without leaving any mandatory setbacks, as arbitrary, discriminatory, ex-facie illegal, highhanded, and giving colourable exercise to its statutory powers which is n violation of principles of natural justice and consequently may direct the official Respondent Nos.1 to 4 more particularly the Respondent No.2 to 5 to take n€,cessary action on the Petitioner said written complaint dt.2o-o3-2o25 by demrlishing the said illegal and unauthorized construction of mulgies which is conslructed at Gunj road of Munnurkapu Sangham at Adilabad District, Telanganrr, without any proper sanction plan and without leaving any mandatory setba rks, carried out by the Unofficial Respondent No.6 and 7, in the interest of iustice t.A. 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 cc urt may be pleased to direct the official Respondent Nos.1 to 4 more particular y the Respondent No.2 to 5 to forthwith to consider the Petitioner Written comp laint dt. 20-03-2025 by taking necessary action agarnst the Unofficial Respoldent No'6 and 7 by demolishing lhe illegal and unauthorized construction of nulgies at Gunj road of Munnurkapu sangham at Adilabad District, Telangana besides directing the Respondent No 6 and 7 from not to make any further ilegal and unauthorized construction and also to seal the premises, in the int€ rest of iustice pending disposal of the main writ petrlron. Counsel for the Petitioner : SRI L.RAM SINGH Counsel for the Respondent No.1 : GP FOR MCPL ADMI'l ANO URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3 : SRI PUTTA KRI ;HNA REDDY, LEARNED STANDING COUNSEL FOR MUNIC1PALITY Counsel for the Respondent Nos.4 & 5 : G.P FOR REVEI{UE Counsel for the Respondent Nos.6 & 7 : - The Court made the following ORDER HONOURABLE SRI JUSTICE B. VIIAYSEN REDDY WRIT PETITION No.21534 OF 2025 ORDER: (ORAL) This writ petition is filed by the petitioner seeking to declare the action of the respondent authorities in not acting upon his complaint dated 20.03.2025 for taking action against respondents No.6 and 7 who made unauthorized constructions in mulgies at Gunj Road, Munnukapu Sangham, Adilabad Disrict, without any sanctioned plan, as being illegal, arbitrary and unconstitutional.

2. Mr. Putta Krishna Reddy, leamed Standing Counsel for respondent No.2 Municipality, basing on the wriften instructions, submitted that on complaint of the petitioner, the site was inspected and it was found that the President of Munnurkapu Sangham has made unauthorized construction within the premises of the Sangham without securing any building permission. That show cause notice dzted 10.12.2O24 was issued to the President of Murmurkapu Sangham to stop the construction activity, faiting which, the constructions would be removed with the help of District Task Force Committee within a period of seven (7) days Despite the same, unauthorized constructions were being continued, as such, final notice dated 08.02.2025 was issued directing the President t 2 of Munnurkapu Sangham to remove the unauthorized c,tnstructions belrg made in the subject property within a period of lifteen (15) days. The offrce of respondent No.2 Municipality along with the Town Plaruring Offrcials visited the site and instructions we -e issued to cease the construction activity and wamed about the legal cc nsequences under the Telangana Municipalities Act, 2019. It is further sl ated that in wilful disbbedience of the order of this Court in W.P. (PIL) No.l 14 of 2019, the President of Munnurkapu Sangham resumed the construction activity during odd hours i.e. around 2.00 a.m. which not only violates the municipal rules but also amounts to contempt of the order passed by this Court in W.P. (PIL). No ll4 oi 2019. Respon.lent No.2 Commissioner. Adilabad Municipality, is taking ste rs to request the Chairman, District Task i'orce ('ornmittee, Adilabad. to take action for demolition of the unauthorized constructions in pursuance to the final notice dated 08.02.2025

3. In view of the submissions rnade by the leamed Standing Counsel for respondenl No.2 Municipality, that the unauthorized constructions made by respondents No.6 and 7 will be demolished b, taking assistance of the District Task Folce Corlrnittec, Adilabad, th s writ petition is I I I I I I I I i i I I i i I I \ I ! l I t l ! i t I I 3 disposed of dkecting respondent No.2 to ensure that the unauthorized constructions made by respondents No.6 and 7 in the subject property are removed pursuant to the final notice dated 08.02.2025 within a period of four (4) weeks fiom the date ofreceipt ofa copy of this order.

4. As order is passed without entering into the merits of the case, notice to respondents No.6 and 7 is dispensed with. However, if respondents No.6 and 7 are, in any way, aggrieved by this order, they are at liberty to approach this Court seeking modification of this order. The petitioner is given liberty to approach this Court in case there is any violation of the order passed herein. There shatl be no order as to As a sequel thereto, miscellaneous applications, if any, pending in -.this writ petition stand closed //TRUE COPY// SD/. K.BHAVANI SWAMY TANT REGI CTION OFFICER To \ 1 The PrinciPal Secretary' Municipal Administration Secretariat, State of Telang ana at Hyderabad. The Commissioner MuniciPalitY, Adilabad District , Telangana. 2 The Town Planning Officer. Mun icipality, Adilabad District, Telangana 3 The Collector. Adilabad, Adilaba d District, Telangana. 4 The Mandal Revenue Officer' Ad ilabad District, Tdangana 5 Two CCs to GP FOR NICPL ADI\'|N AND URBAN DEVELO PMENT, High 6 Co urt for the State of Telangana at Hyde rabad. [OUT] 7. Two CCs to GP FOR REVENUE, Hrgh Co urt for the State of Tdangana at nt, Telangana Hvderabad. [OUTI oi" cC to sRt l.irev slNGH. Advocate [OPUC-] .-- ^- il; ca i. sni Furra <nlsnlr[neoDY, LEAT{NED STANDING couNSEL FOR fvlUNlClPALlTY, Advocate (OPUC) wo CD Copies !. 8 9 10 SA TKS -:: € c ?025 )' (s i\ ./'+"'"' .//, \ i','j [I I [t \\ .r( r-\ E_'- r., HIGH COURT DATED:2410712025 ORDER WP.No.21534 ot 2025 DISPOSING OF THE W.P WITHOUT COSTS. \\ 1