High Court · 2025

THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO : 25805 OF 2025 Between: Smt.Moh amm ad Haleema Beg um, W/o Mohammad Dhawood, Age. 47Years, 2-7-87, Salfiam Locality, Bus stand Road, Occ. House wife, R/o H.No Jangaon Town and District. I ...PETITIONER I iAND 1 I 2 3. The Jangao Distrlct. I The Stite 'of Telangana, Rep. by its Principal Secretary ([/A & UD), Secretariat Building; Hyderabad. The District Collector, Jangaon District at Jangaon. n l/unicipality,, Rep. by its Commissioner, Jangaon Town & 4 Maryala I La years, Occ District. I mi Narayana, S/o. Sathaiah @ Satyanaravana, aqed about 48 Business, R/o. 1-3-7018, Beside Sub-Jail, JangZon Town & R4 impleaded as per C.O. dt. 02.09.2025 in lA.No.2/2025 .,.RESPONDENTS I i I I i i I I i I I i i Petition under Articte 226'of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issu e writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in proceeding with the highhanded, arbitrary, unilateral action of issuing the impuned Notice No MCJ/TPS/TP BO10612025 dated 05.08.2025 without following due process of I as violative of Article 14 21 , 29, 300-4 of Constitution of lndia, consequently direct the Respondents not to take up any demolition of the petitioner property situated at H.No. 2_7_87. Sathram Locality, Bus stand Road, Jangaon Town and District *----...----- lA NO: 1 oF 2025 Petition junder Section 15'r cpc praying that in the circrmstances stated in the affidavitlfireb rn support of the petition, the High court may be preased to grant an interlm stay of petitioner property situated at H.No. 2-7-87, Sathram Locality, Bus stand F oad,iJangaon Town and District. Ir I I Counsel for thie pbtitioner: SRI KODARI MALLIKARJUN Counsel for thre Rbspondent No.1: cp FOR MCPL ADMN URBAN DEV Counsel for thre Resp,rndent No.2: Gp FOR REVENUE Counsel for Counsel for The Court m thre Rbspondent No.3: SRt PUTTA KRTSHNA REDDy SC FOR MCPL i I thre Rbspondent No.4: SRt ASHOK REDDY KANATHALA ade the following: ORDER -1 HON'BLE SRI JTISTICE B. VIJAYSEN REDDY wRlT PETITION No.25E05 OF 2025 ORDER: (ORAL) It is stated that the petitioner is absolute owner and possessor of house bearing No.2-7-87, admeasuring 149.50 square yards, with a built up area of 617.75 square leet with A.C. sheet roof situated at Sathram Locality, Bus Stand Road, Jangaon Municipality. The property was assessed with Assessment No.1l15003705. The petitioner acquired title to the property under the registered gift deed bearing document No.757l of 2024 from her husband Mr. Mohammed f)awood. The petitioner had been in peaceful possession and cnjoyment of the subject property for several years.

2. [t is stated that the subject house is in a dilapidated condition. Hence, the petitioner approached respondent No.3 - Jangaon Municipality and made an application for new buitding permission through TG-bPASS. Building permission was granted vide Pennit Order No.455023/JArr"G/04 68 I 2024 dated 25. I I .2024 for construction of stilt for parking * two upper floors. Later, f &" ). AvRJ \\'P 25805 l01S Letter o1' co'nmencement approval No.455023/JANG/0468/ 2025, dated 03.01.2()25, was issued to the petitioner authorizing her to commencc construction in accordance rvith the sanctioned plan.

3. [t is submitted that the petirioner intended to retain compound 'urall on the western side ol her plot and has been carr5,ing on construction of new building in accortlance with the sanctioned plln. At no point of timc, the petitior-rer attempted to encroach public road or road margin nor there was an)'deviation to the sanctionerl plan. Respondent No.4, lor extraneous reasons, lodged complaint with respondent No.3 on 3 1.07.2025 alleging that the petitioner has encroached road margin and did rrot maintain mandatory settracks. Show cause notice, under Sections 137 and 185 of the Tel mgana Municipalities Act 2019, dated 05.08.2025 was issued tc the petitioner alleging that she ivas raising constructron b1 encroaching into the road alfbcted area. The petitioner submitted reply dated I 1.08.2025 to the shorv cause notice denying t re allegations made therein. a- I :) BVRJ \r'P 25805 2015

4. Mr. Kodari Maltikarjun, leamed counsel for the petitioner, submitted that without conducting any enquiry and without any order being passed, pursuant to the show cause notice dated 05.08.2025 and the repty dated I1.08.2025 submitted by the petitioner, there is interference by the respondents' authorities in the construction activity undertaken by the petitioner.

5. Learned standing counsel lirr respondent No.3 submitted that enquiry is pending and reply submitted by the petitioner to the show cause notice dated 05.08.2025 w.ill be duly considered.

6. Mr. Ashok Reddy Kanathala, leamed counsel for respondent No.4, submitted that the writ petition is not maintainable. Having issued reply to the show cause notice, the petitioner approached this Court with unclean hands. Whether there is encroachment or nor, it needs to be decided in the enquiry pursuant to the show cause notice. Thus, there are no merits in the writ petition and is liable to be dismissed. 7' Having regard ro rhe fbct thar repry dated r r.os.zozs was submitted by the petirioner to the show cause notice dated I I .------------_-_ I lr\ R..' \r'P :SE05 lo:s

05.08.2025 md so far, orders have not been passed by respondent No.3, the writ petition is disposed of, at the admissittn stage itself, directing resttondent No.3 to consider reply dated I1.0g.2025 of the petitione;- to the show cause notice dated 0-i.0g.2 025 by affording opportunity of hearing to the petitioner and respondent No.4. Pending such exercise, status quo obtaining as on today shall be main rained in respect of the subject builtling bearing No.2-7-87, adnreasuring 149.50 square yards, situared ar Sathram Locality, Bus Stand Road, Jangaon Municipality. The petitioner is also directed n,lt to proceed with further construction over the subject properfy pending such enquiry. No order as to costs. As a seq -rel thereto, miscellaneous applications, il any. pending in thc wlit petition stand closed. ,TRUE COPY' To, I SD/-P. PONNA KRISHNA ASSISTANT IlEGISTRAR 6 SECTION OFFICER

1. The Prir of Telangana. CI I Secre,tary (lVA and UD), Secretariat Building, Hyderabad, State

2. The Distlrict Colleckir, Jangaon District at Jangaon. 3. The Corirmissioner, Jangaon Municipality, Jangaon Town and District i \ \\

4. One CC S Rl KOt)ARl I\IALLIKARJUN' Advocate [oPUCl

5. OneCC OSRtnstiornEoov KANATHALA' Advocate tOP\-lcl Y, SC FOR MCPL \OPU CI REDD 6, OneCC IoSR\PUTTA KR\SHNA BAN DEV' High Court {() MCP U ADMN UR h Court for the State of Telanqana rabad [oUTI GP FOR tHYdz r the State ot to\ 1 Two CC TelanOan Hisl CCs to GPF OR REVENUE' B TWO Hyd erabadloUTr 9. lwo C ofi"t i o\c \ BS R a*tc* i l I I ! HIGH COURI- i, DATED: dSIOSIZO 25 -.------'-' I I ORDER W P.No.2 I 8 5 c'f 2025 STAI.e Hr- ;.'i, o , t1t[\l i$6 ,1. ',' .. ..,1 " ..:.i.,\ -, itt' I DISPOSING OF THE WRIT PETITION' WITHOUT COSTS @ ),K