The High Court · 2025

Kaman road, Karimnagar Town and Dist, Telangana State without considering the orders of the Honourable High Court in WP.No 15029/2O24 daled 1711012024 without giving notice and without following the due process of law is illegal, arbitrary and violative natural justice and consequently direct the 2nd Respondent not to take any coercive steps in respect of the petitioner building baring H.No. 2- 3-100/1 , Boiwada, Kaman road, Karimnagar Town and Dist, Telangana State in pursuant to the show cause notice vide G1/B9ffPB0-1111MCK12025 dated 2810712025 u/s 178(8) or 181(1 and 2) of Telangana Municipalities Act 20'19 daled 2810712025 lA 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 Court may be pleased to direct the 2nd Respondent not to take any coercive steps in respect of the petitioner building baring H.No. 2-3-10011, Boiwada, Kaman Road, Karimnagar Town and Dist, Telangana State in pursuant to the show cause notice vide G1/89iTPBO-llllMCKl2025 dated 2810712025 u/s 178(8) or 181(1 and 2) of Telangana Municipalities Act 2019 daled 2810712025 pending disposal of the writ petition. Counsel for the Petitioner: SRI R.A.CHARY Counsel forthe Respondent No.1: GP FOR MCPL ADMN & URBAN DEV Counsel forthe Respondent No.2: SRI K.SIDDHARTH REDDY, SC FOR MPCL Counsel for the Respondent No.3: SRI L.RAM SINGH The Court made the following: QRDER THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITTON No.23 367 0F 2025 QBDEB: (ORAL) Heard Mr. R.A. Chary, leamed counsel for the petitioner' Mr. K. Siddharth Reddy, leamed standing counsel for Karimnagar Municipal Corporation, appearing for respondent No'2' and Mr. L. Ram Singh, leamed counsel for respondent No'3'

2. Leamed standing counsel for respondent No'2 submitted that show-cause notice dated 28.07 '2025 was issued to the petitioner pursuant to the complaint lodged by respondent No'3 alleging that the petitioner has constructed two (2) unauthorized cellars' ground floor and six (6) upper floors without proper buitding permission in the property bearing H.No.2-3-100/1 situated at Boiwada' Kaman Road, Karimnagar Town and District' As per the order passed by this Court in W.P. No.15029 of 2024 dated 17'10'2024' taking into account the directions of the Division Bench of this Court in W'P' No.5130 of 2016 and batch and W'P' (PIL) No'63 of 2016 and also provisions under G.O. Ms'No'152 dated 02'11'2015' hearing was conducted on 30.05.2025, however the petitioner requested to 2 postpone the hearing and accordingly time was granted and it was rescheduled to 21 .06.2025. After giving opportunity of hearing to the petitioner, impugned show-cause notice dated 28-07.2025 was issued to the petitioner.

3. Leamed counsel for the petitioner submitted that detailed explanation was submitted by the petitioner dated 01 .08.2025 ancl without considering the said reply and contrary to the directions issued by this Court in W.P. No.15029 ol 2024 dared 17.10.2024 respondent No.2 is proceeding with enquiry pursuant to the show- cause notice dated 28.07 .2025.

4. Leamed counsel lor the petitioner submitted that it rvas clearly stated in the order passed by this Court in W.P. No.15029 of 2024 dated l'1 .10.2024 that the application dated 30.01.2016 submitted by the petitioner seeking regularization of unauthorizeci construction pursuant to G.O. Ms.No.152 dated 02.11.2015 shall be considered. Contrary to the same, impugned shorv-cause notice has been issued and is liable to be set aside. i I I I w o J 5 Leamed standing counsel for respondent No.2 and leamed counsel for respondent No.3 submitted that the petitioner has I I constructed building unauthorizedly and he is not entitled for any regularization. In any case, the petitioner having submitted explanation to the show-cause notice dated 28'07.2025, cannot be permitted to challenge the same.

6. In the light oF the above submissions, the writ petition is I disposed of, directing respondent No.2 to consider the explanation submitted by the petitioner dated 01.08.2025 to the show-cause notice dated 28.07.2025, and pass orders, by giving opportunity of hcaring to the petitioner and respondent No.3. Respondent No.2 is directed to take into consideration the observations made by this Court in W.P. No.15029 of 2024 dated 17.10.2024 regarding the consideration of regularization application of the petitioner dated

30.01.2016 under G.O. Ms.No. 152 dated O2.ll.2Ol5, before any final orders are passed. Until such exercise is completed, respondent No.2 is directed not to interfere with the subject property, without following due process of law. There shall be no order as to costs. 4 (t As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed. SD/. M.NAGAMANI .ASSISTANT REGIST RAR \ //TRUE COPYII i l To \ecrroru oFFrcER '1. The Prl. Secretary. MA and UD, Hyderabad, Telangana, State of Telangana. .- - 2. The Commilsion6r, Karimnagai M'u;lcrpattorpoi"iion rarimnlgai,-' ^ Karimn_agar District. Telangaia State. 3 Qne CC to SRt R.A CHARV, Advocate tOpUCl 4 Ty! CCs to Gp FOR MCpL A.DMr.t a UCenN bfV, High Court for the State 5. One CC to sRt K STDDHARTA REDDY, SC FOR MpcL IOPUCI 9 9n" CC to SRr L.RAM S|NGH, novocatelOeutj " 7. Two CD Copies of Telangana, at Hyderabad. IOUTI \ PSK PSK M,. HIGH COURT DATED:1110812025 ORDER WP.No.23367 of 2025 CG TODAY 1HE S 1 2 AUE 2025 7 z. a) O e * DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0t \ \y