The High Court · 2025

Petition Under Article 226 of lhe 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 lhe respondents 2 and 3 in interfering with the construction activity of the petitioner building (1) Letter of approval for commencing work Lr.No. 2763931AD1L1054112023 dt. 10-5-2023 vide D.No. 4-4-511216412 (2) Building Permit order vide permit No. 3O25M26l2O2Ol22Otl dt. 16-12-2020 vide Sy.No. 6h. Pa.t of Plot No. 14 (3) Building Permit order vide permit No. 3025^,v2612O20122Ot) dt. .16-12-2020 vide Sy.No. 6/1 , Part of Plot No. 14 (4) Letter of approval for corrmencing work Lr.No. 284866/ADIL/074112023 dl. 4-5-2023 vide D.No. 4-4-: l1211l1(5) Letter of approval for commencing work Lr.No. 284951/ADIL/074312C2i1 dt 30-6-2023 vide D.No. 4-4-51121111 all are situated at Filterbed, Adilabad tov,n Adilabad district is illegal, arbitrary, contrary to law and in violation of TS Mr nicipalities Act, 2019 and consequently direct the respondent not to interfere ruith the construction activity of the petitioners above stated house sites total arez of 5400 SFT without following due process of law. |.A.NO:'f 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 respondents 2 and 3 not to interfere with the cor struction activities of the petitioners houses Building permit Nos. ('1 ) Letter of app'oval for commencing work Lr.No. 276393/ADIL/054112023 dt. 10-5-2023 vide D. \o 4-a-511216412 (2) Building Permit order vide permit No. 3025M261202012204 cit. 16-'12-2020 vide Sy.No. 6/1 , Part of Plot No. 14 (3) Building Permit or,Jer vide permit No. 3O25Iru2612O2012206 dt. 16-12-2020 vide Sy.No. 611 , Part of Plot No 14 (4) Letter of approval for commencing work Lr.No. 284866/AD L1074112023 dt. 4-5- 2023 vide D.No. 4-4-5l1211/1(5) Letter of approval for comrencing work Lr.No. 284951/A1XL1074312023 dt. 30-6-2023 vide D.No. 4-4-51121 ll1 total area of 5400 SFT all are situated at Filterbed, Adilabad town, Adilabad dis rict pending disposal of the writ petition. Counsel for the Petitioners : 6Rl G.ARUN KUMAR Counsel for the Respondent No.'l : GP FOR MCPL ADMN A\D URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3 : SRI PUTTA KR|SHl,lA REDDY The Court made the following ORDER HONOURABLE SRI IUSTICE B. VIIAYSEN REDDY WRIT PETITION No.21086 0F 2025 ORDER: (ORAL) This writ petition is filed by the petitioners seeking to decrare the action of respondents No.2 and 3 in interfering with their construction activity undertaken in the premises bearing Door No.4-4- 5/12/6412, pursuant to the letter of approval for commencement of work vide Lr.No.2763 93 / AD1LI o54r /2023 dated, | 0.05.2023 ;bui rdi ng permit order vide permit No.3025/w26 r2o2o/2204 dated 16.12.2020 in Survey No.6/1, Part of Plot No.14; building permit order vide permit No.302 5/W26/2020 /2206 dated 16.12.2020 in Survey No.6/1, part of plot No. 14; lener of approval for commencement of work vide Lr. No.2g4g66rADrLro74U 2023 dated.04.05.2023 in premises bearing Door No.4-4-5 il2firr; retter of approval for commencement of work vide Lr. No.2g495 l/ADrLlo743/ 2023 dated 30.06.2023 in premises bearing Door No.4_4_ 5ll2/lll, situated at Filterbed, Adilabad Town and District, without foilowing due process of law, as being illegal, arbitrary and unconstitutional.

2. Mr. Putta Krishna Reddy, learned Standing Counsel for respondents No.2 and 3, basing on the written instructions dated 22-07-2025, submitted thatlhe order dated 20.rr.2024 was passed by this '- .1 2 Court in W.P. No.32412 of 2024 filed bv one Mr. Rohith Shinde directing responrJcnt No.2 to take action against the petitioners herein regarding the unauthorized construction made bi' them in the subject property. Show cause notice dated 05.12.2A24 was issued to Ms. Kailaswar Padma, the wife of petitioner No. I , for making unauthorized construction in deviation of the sanctioned plan. Ms. Kailaswar Padma refused to receive the said noti:e, as such, show cause notice was affixed on the building that is unauthorizedly being made. As explanation was not submitted, speal ing order dated

18.12.2024 was passed directing Ms. Kailaswar Padrra to remove the unauthorized structures constructed in deviation ofthe sanctioned plan.

3. Mr. G.Arun Kumar, leamed counsel for the peti .ioners, submitted that in vievv o1' the show cause notice dated 05. 1 2 .2024 and the subsequent speaking order dated 18.12.2024, the crLuse in this writ petition does not survive lor further adjudication and s ought permission of this Court to uithdraw this writ petition with libertl to institute fresh writ petition to challenge the speaking order dated 18.12.2024

4. Permission is accorded

6. Accordingly, this writ petition is dismissed as withdrawn with the liberty as prayed for. Respondent No.3 is directed to communicate the speaking order dated 18.12.2024 to the peririoners. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed. /ITRUE COPY// SD/. K. ASSIS BHAVANI SWAMY TANT REGISTRAR SEC N OFFICER To 2 J 4 '.ir; 1 - rwo CCs to GP FoR MCPL ADMN.AN,D YIBIX?,E-'ELoPMENT' ; ti; star"."l Isl ?ffi ftX11^ili::ti3 J3 3l one CC to SRI G.ARUN t il: & i;5iii PUflA KRisiiNA REDDY' Advocate (oPUC) . Two CD CoPies \q SA PVL Hish "ti HIGH COURT DATED:2210712025 ORDER WP.No.21086 of 2025 ,.,.. ':;;;:l;..., '.) ,) 1: tiEP zffi { ,D5 7 DISMISSING THE W.P AS WITHDRAWN WITHOUT COSTS. *"f* X6tr