Narlagiri Babu v. The State of Telangana

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 lssue an order, direction particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ declare the action of the respondents more particularly entertaining the unofficial respondent's complainant and issuing the impugned notice vide Roc. No. Ucl2\fi.P.lw.No.55/ClR-ll/2025 dated 1117t2O25, with an under the influence of the Sth respondent even though the petitroner made his reply on 181712025 but not passing any reasonable orders and trying may come up to demolish he petitioners house as well as compound wall bearing H.No.55-3-392, of Beemavaram village ncw Kazipet municipality which was issued with a biased intention under the inf uence of the unofficial respondent to settle the property disputes and to interfere in private disputes between the petitioner and respondent No. 5 in pending ().S.No.1072 of 2024 on the file Hon'ble ll Addl. Junior Civil Judge Hanumakonda is illegal arbitrary unconstitutional and hits the fundamental rights guarante ed by the Article 14 to 19 and 300 A of constitution of India, CONSEQUENTLY direct the respondents No. 2 to 4 to drop the impugned notice vide Roc. No. UC!2B|T.P.lW.No. 55/ClR- |112025, dated 111712025 to left the property rights and disputes between the private parties to adjudicate in the pending O.S.No.1O /2 of 2024 on the file Hon'ble ll Addl, Junior Civil Judge Hamunakonda lA NO: 1 OF 2025 Petition under Section 'l 51 CPC praying that in th ) circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents No.2 to 4 to drop the impugnerl notice vide Roc. No. UCl2BlT.P.lW.No. 55/ClR-ll/2025, dated 1110712025 forthrvith, to left the property rights and disputes between the private parties to adjudicate in the pending O.S.No.1072 of 2024 on the file Hon'ble ll Addl.Junior Civil Judge Hanumakonda pending disposal of the above writ petition. Counsel for the Petitioner: MS. G.V.L. NARSIMHA RAO, tIEPRESENTING MS. GUNDLAPALLI V S S S SRUTHI Counsel for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent Nos.2 to 4: SRI PASHMA M()HlTH, SC FOR THE GREATER WARANGAL MUNICIPAL CORPORATION Counsel for the Respondent No.5:--- The Court made the following: ORDER ( THE HONOURABLE SRIJUSTICE B. VIJAYSENREDDY WRIT PETITION No.21409 OF 2025 ORDER:(ORAI-) Heard Ms. G.V.L. Narsimha Rao, leamed counsel, representing Ms. G.V.S.S. Sruthi, learned counsel for the petitioner, and Mr. Pasham Mohith, leamed standing counsel for the Greater Warangal Municipat Corporation, appearing fbr respondent Nos.2lo 4

2. The petitioner claims to be the owner ol the Plot No.3l admeasuring 369.44 square yards in Survey Nos.621-A, 621-8, 622-A, 623-B and 623-D situated at Bheemaram Village, Hasanparthy Mandal, Hanamkonda District, having purchased the sarne under registered sale deed bearing docu#nt No. 1492 of 2003 dated 25.06.2003. It is stated that the petitioner was granted building permission by the then Bheemaram Gram Panchayat vidc Rc.No.5 H.C.P./G.P.B/2010 dated 07.04.2010. He has constructed a building as well as compound wall and erected a gate, and he has been residing in the said house. ,!,ir ....5,

3. Leamed counsel for the petitioner submitted rhat respondent No.5 purchased Plot No.42 which is adjacent to the subjecr propefty and filcd a suit in O.S. No.1072 of 2021 before rhe learned II Additional Junior Civil Judge, Hanamko rda, stating that the petitioner has encroached parl of his plot. Thereafter, he lodged a false complaint with respondent No.3, and basing on such complaint, the olficials of respondent Nos.2 t,r 4 had been interleling with the possession ol the petitioner over the sub.iect propert).

4. Leamed counsel for the petitioner further submitted that show-cause notice vide Roc.No.LiC/28/T.p./W.No. t 5/CIR-1V2025 dated I 1 .07 -2075 rvas issued to the petitioner allei:ed that he has constructed compound wall by encroaching thc road. l-he petitioncr subrnitted his reply to the show-causc notice dated I1.07.2025 on 17.07.2025 asserting that he has not r,ncroached any public property and the cornpound wall was construcred long back.

5. Learned standing counsel for respondent Nos.2 to 4 submitted that initially show-cause notice vide Rc,c.No. lg/ACp- IIlW.No.55/2024 dated 11.12.2024 was issued{o the petitioner 3 directing him to submit Land Regularization Scheme (LRS) copies, building permission etc. for verifring his ownership over the subject property in terms of Section 254 of the Telangana Municipalities Act 201 9. Later, it was found that the petitioner has demolished wall and started constructing new compound wall by encroaching the road, as such, show-cause notice dated 11.07.2025 was issued directing him to explain why the unauthorized compound wall should not be demolished, for which reply has been subrnitted by the petitioner on 17.07.2025.

6. Learned counsel for the petitioner submitted that without considering the reply dated 17.07.2025 submitted by the petitioner pursuant to the show-cause notice dated I1.07.2025, atteurpts were being made by respondent Nos.3 and 4 to demolish the compound walI in the subject property. 7 . Leamed standing counsel for respondent Nos.2 to 4 submitted that due process of law will be followed and opportunity of hearing witl be given to the petitioner, and the apprehension of the petitioner that his compound wall will be demolished without due process of law is incorr * -{grisplaced. I ( i:: t. To, 1 2 4 6 7 e 4 !r (

8. ln vieu, ol the above, the writ petition is disposed of, directing respondent Nos.2 to 4 not to interfere wit r the compound walI constructed by the petitioner in the Plot No. i I admeasuring

369.44 square 1'alds in Surwey Nos.621-A, 621-B. 622-A,623-8 and 623-D situatcd at Bheemaram Village, Hasanparthy Mandal, Hanamkonda District, without following due process of law. Any action to be taken by respondent authorities shall be in furtherance o I thc enquiry pursuant to the show-carrse notice dated

11.07.2025. As tl.re writ petition was disposed of ri.ithout going into the rncrits, notice to respondent No.5 ls c ispensed with. However, il- rcspondent No.5 is aggrieved by this order, he is at liberty to approach this Court lor seeking moditication of this order. l'here shall be no order as to costs. As a scquel thereto, miscellaneous applicrtions. if any, pending in this w,rit petition stand closed. //TRUE COPY// SD/. M. NAGAMANI ISTANT REGISTRAR 1- T \ SECTION OFFICER The Principal Secretary (Municipal Administration and Urban Development Department) The Statd of Telangana, Secretariat, at llyderabad. Th6 Commissioner, The Greater Warangal lvlunicipal Oorporation, at Warangal. The Commissioner, The Dy. Commissioner, Kazipet ()ircle-ll Greater Warangal It/unicrpal Corporation, at Warangal. The Asst. City Planner, Cirlce -ll, Greater Warangal lt4rrnicipal Corporation, at Warangal. One CC to Ms. Gundlapalli V S S S Sruthi, Advocate OPUCI Two CCs to GP for Muhicipal Administration Urban Dr:velopment, High Court for the State of Telangana, at Hyderabad [OUT]. One CC to Sri Pashah Mohith SC for Greater Waran(lal [\/unicipal CorporationIOPUCI -rrrra .1Fr,6nnia - ' t:-:'--ailf-rffi HIGH COURT DATED:2410712025 ORDER WP.No.21409 of 2025 A o 1 0 sEP 2U5 :// <' 1/ - * ../ ;,. I,TC\ -,, !s:51, DISPOSING OF THE WRIT PETITION WITHOUT COSTS {