The High Court · 2025

Petition under Arlicle 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 action of the Respondents No. 2 and 3 in trying to demolish the petitioners House bearing No.12-3-3612511/fu1 , admeasuring an extent of 300 Sq. Yds, in Sy. No.170 at Mohammaed Khasim Basti, Bellampalli Town and Mandal, Mancherial District, without considering the explanation to the show cause notice vide ROC. No. G1 13712025 D1.1910712025 and notice dl.11lll l2O25 issued by the 2nd and 3'd respondents and without following due process of law as illegal, arbitrary and in violation of Principles of Natural Justice and in violative of Articles 14,21 and 300-4 of the Conslitution of lndia, --7 consequently direct the respondents No. 2 and 3 not to int: fere the petitioners house bearing No. 12-3-361251'l lN1, admeasuring an extert of 300 Sq. yds, in Sy. No.170 at Mohammaed Khasim Basti, Bellampalli - own and Mandat, lvlancherial District lA NO: 1 OF 2025 Petition under Section 151 cPC praying that in the cir(;r mstances stated in the affidavit filed in support of the petition, the High Court nay be pteased to direct the respondents No. 2 and 3 not to interfere the petiti,) rers house bearing No. 12-3-36/2511/fu1, admeasuring an extent of 300 Sq. yrtr , in Sy. No.1ZO at Mohammaed Khasim Basti, Bellampalli Town and Mandal, Me r cherial District Counsil for the Petitioner: SRl. RUDRESH DESHPANDE Counsel for the Respondent No.1 : GP FOR MUN|CIPAL Atll ilN|STRATION AND URBAN DEVELOPMENI Counsel for the Respondent No.2:SRt PUTTAKRISHNARET Dy, SC FOR MUNICIPALIT\ The Court made the following: ORDER HONOURABLE SRIIUSTICE B. VIJAYSEN REDDY WRIT PETITION No.22069 OF 2025 ORDER: (ORAL) This writ petition is filed by the petitioners seeking to declare the action of respondents No.2 and 3 in trying to demolish their property bearing H.No.l2-3-3612511/Nl, admeasuring 300 square yards in Survey No.l70, situated at Mohammed Khasim Basti, Bellampally Town and Mandal, Mancherial District, without considering their explanation to the show cause notices dated 11.07.2025 and 19.07.2025, as being illegat, arbitrary and unconstitutional.

2. Mr. Putta Krishna Reddy, leamed Standing Counsel for respondent No.2 Municipality, submitted that as the petitioners are proceeding with the unauthorized construction in the subject property, show cause notice dated 19.07.2025 has been issued directing them to stop the illegal construction activity being undertaken by them in the subject property within a period of seven (7) days failing which, the unauthorized structures will be removed as per the provisions of the Telangana Municipatities Act, 2019. The petitioners, in fact, submitted explanation to the said show cause notice and appropriate action will be taken in accordance with law ,=-1 z

3. Mr. P.Sri Harsha Reddy, leamed Standing Cour;el fbr Singareni Collieries Company Limited (SCCL), appearing for r :spondent No.3, submitted that the petitioners encroached the land t elonging to the SCCL. That notice dated 11.07.2025 was issued the petitioners directing them to submit explanation as to why t re unauthorized constructions raised by them by encroaching the land rf SCCL should not be removed within a period ol one ( l) week. It is ubmitted that in parallel, the SCCL through its Estates Olficer has addri ssed letter dated

17.07.2025 to the Station House Officer, Bellampall I-Town Policc Station, seeking Police protection lor removing the illeg ll structures and to evict the petitioners from the land of SCCL.

4. In the light of above factual scenario, con,; Jering that the petrtloners are facing two (2) proceedings: i) witl regard to the unauthorized constructions wherein show cause notice r ated, L9.07.2025 has been issued and ii) with regard to encroachment ofth: land belonging to SCCL wherein show cause notice dated I 1.07.: ( 25 was issued. this Court is not inclined to entertain this writ petitior md express anv oplnton on ments J

5. In the circumstances, this writ petition is disposed of directing the petitioners not to proceed with any further constructions in the subject properly pending enquiry pursuant to the show cause notices dated

19.07.2025 and 11.07.2025, and both the parties are directed to maintain status quo in respect of the subject property. Any further action to be taken by respondents No.2 and 3 shall be subject to the result of such enquiry. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed. Sd/.S,MALLIKARJUNA RAO SISTANT REGISTRA //TRUE COPY// ECTION OFFICER To, District,. Area, Mancherial District. Department, Secretariat Buildings, Khairtabad, T.S.,Hyderabad

1. The Principal Secretary, Municipal Administration and Urban Development 2 !\" Commissioner Bellampally Municipality, Bellampally, Mancherial 3. The 9eneral lvlanager, Singareni Collieries Company Limited, Mandamarri 4. One CC to SRl. RUDRESH DESHPANDE, Advocate IOPUC] 5., TWO CCS tO GP FOR MUNICIPAL ADMINISTFiATION AND URBAN ^ DEVELOPMENT ,High Cgurt for the State of Telangana, at Hyderabad [OUT] 6. One CC toSRI. PUTTA KRISHNA REDDY, Sc FoR-MUNICIPALITY 7. Two CD Copies loPUcl BM PMK I ,l HIGH COURT DATED:2810712025 ORDER WP.No.22069 of 2025 'i i i:; i?iq DISPOSING OF THE WRIT PETITION WITHOUT COSTS ?F I l')/ L\