The High Court · 2025

Administration and-Urban Dbri"fi ";iii#";il;i secretariat Hvderabad, jfl:,[,Jf, t ;ii:'"3_,",q,11,3:855,:Steli,eigh ?J,::A: H icrpa r itv, Dubbir A"-p 6v'riJ 6"'r'i i;Ii""",., s id d ipet Diskict, 4. Sri.Goute pedda Narsimlu, S/o Goute Sailu, Aged about t|years, Occ. Agriculture, R/o Darmaiir Dubbak M5ndal' s'ooip"l disii'iC.-tl' s02 1 08, Tetangana a,;,31t'"''n"' H1i3r"n,",",,," ...RESPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction more particurarry one in the nature of writ of Mandamus or any other appropriate writ order or direction decraring the action of the respondents no. 2 and 3 in interfering with peacefur possession and enjoyment and threatening to demorish the petitioner's house bearing no. g-2- 169 (Old House No.4 _8S)admeasuring to an extent 190.63 Sq. yds. (159.39 Sq. Mtrs') situated at Dharmajipet virage, Dubbak Municiparity. siddipet District by issuing a show cause Notice Vide no. GI/UC101/2025 in spite of having varid house buirding permissions is iregar, arbitrary, unreasonabre, contrary to the raw and vioration of Articre 14, 21 and 300-4 of constitution of rndia apart from violation of principres of naturar justice and consequenay direct the respondents no 2 and 3 not to interfere with the possession en,oyment of the petitioners house bearing no' g-2-16g (ord House No. 4-g5) admeasuring to an extent ../ -

190.63 Sq. Yds. (159.39 Sq Mtrs ) situated at Dharmaiipet Village' Dubbak Municipality, Siddipet District by setting aside the Show Cause Notice Vide no' Gvuc10112025 IA NO: 10F 2025 Petition under Section 151 CPC praying that in the circumstances stated intheaffidavitfiledinsupportofthepetition,theHighcourtmaybepleased directtherespondentsNo.2and3nottointerferewiththepeacefulpossession and enioyment of the petitioner's house building despite having valid building permission, pending disposal of the Writ Petition' Counsel for the Petitioner: SRI RAMAVARAM CHANDRASHEKAR REDDY for the Respondent No'1: GP FoR MCPL ADMN & URBAN DEV a;;;;i Corn."f for the Respondent No'2: GP FOR REVENUE a;;;.;l for the Respondent No.3: SRI PUTTA KRISHNA REDDY' Sc FOR MPCL Counsel for the ResPondent No'4: - The Court made the following: ORDER w HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No .24723 0 F 2025 ORDER:(ORAL) This writ petition is filed challenging the show cause notice bearing No.G1/UC101 l2O2S dated OB.O5.2O2S, issued under section 178 (1) (8), igo and 1g1 of the Terangana Municiparities Act,20'19, by respondent No.3 Municipality, whereby the petitioner is directed to stop the further construction and submit her explanation within seven days as to why the unauthorised construction made by her without maintaining the setback and encroaching the land of the complainant _ respondent No.4 should not be demolished.

2. Heard Mr. R. Chandrashekar Reddy, Iearned counsel for the petitioner, and Mr. putta Krishna Reddy, learned Standing Counsel for Municipalities, appearing for respondent No.3, and perused the material available on record. residential building is

3. Learned counsel for the petitioner submitted that a being constructed by the petitioner in the sanctioned plan vide permit No.481624|DUBB1OO1212O21 dated 14.02.2025, and that the accordance with 2 building is constructed within the plot area of the petitioner and there are no violations'

4. Learned Standing Counsel for respondent No 3 submitted that enquiry is pending pursuant to the show cause noticedatedoB.05.2025andthepetitionerhassofarnot submitted any explanation to the show cause notice

5. Learned counsel for the petitioner submitted that the petitioner had, in fact, submitted explanation on 15 05'2025' however, due to oversight, copy of the same has not been filed in the material papers' Learned counsel submitted that there is an attempt made by respondent No 3 to demolish the structures made over the sub.iect property without following due process fo law,assuch,thepetitionerisconstrainedtoapproachthisCourt.

6. Taking ndte of the fact that the petitioner has submitted her exPlanation on 15.05.225 to the show-cause notice 08.05.2025 and enquiry is pending, the writ petition is disposed of directing respondent No.3 to complete the enquiry pursuant to the impugned show cause notice dated 08'05'2025' by giving opportunity of hearing to the petitioner and respondent No'4' and pass orders, in accordance with law' within a period of four (04) w To 8 PSK. PSK. -t weeks from the date of receipt of a copy of this order. As this order is passed without entering into the merits of the case, notice to respondent No.4 is dispensed with. However, if respondent No.4 is in any way aggrieved by this order, he is at riberty to seek modification of this order. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition stand closed. SD/- U.SUDHA ISTANT REGISTRAR //TRUE COPY// SECTION OFFICER Te Iangana State Departme nt Secretariat Hyderrbad , TS Secreta ri Hyderabad, State of Telangana. 1 . The Principal Secreta ry Municipal Administra tion a d Urban Development BRK Bhavan Saifabad, 2. The Distri ct Collecto r, Siddi pet, Slddipet Diskict, Telan gana State 3. Dubbak Municipality, Dubbak Rep by its Commissione Siddipet District, 4.O ne CC to SRI RAMAVARAM CHANDRASHEKAR REDDY, Advocate UC] CCs to GP FOR MCp L ADMN & URBAN D EV, High Court for the State loP Two of Telangana, at Hyderaba d. [ourl

6. One CC to SRt pU TTA KR ISHNA REDDY SC FOR MPCL loPUcl 7. Two OR REVENUE High Cou rt for the State of Telangana, at 5 r CCs to GP F Hyderabad lourl Two CD Cop tes l I I I i I I HIGH COURT DATED:21 10812025 CG TODAY ORDER WP.No.24723 ot 2025 f v\E sT47F C)t o o ru$ 2[25 ? * i'A1 ck v 'z C) L * DISPOSING OF THE WRIT PETITION WITHOUT COSTS t>