The High Court · 2025

3.'Soma Suresh, S/o. Venkataiah, Aged about 52 years, Occ Business, R/o.H No.2-6-281, lB Guest House to Circle Grourid Road, Karimnagar, Karimnagar District. 4. R;- Satyanarayana, S/o. Narasimhulu, Aged about 64 years, Occ Business, 5. R. Kalavati, Wo. R. Satyanarayana, Aged about 60 years, Occ House Wife, 6. R. Srimati, Wo. Srinivas, Aged about 54 years, Occ Housewife, R/o.H.No.2- 7. Mohammad Khala Pasha, S/o. Late Abdul Raheem, Aged about 46 years, .' Occ Business, Rl/o.H.No.3-6-50, Adharsh Nagar, Karimnagar, Karimhagar 8. Mohammad Yousuf Pasha, S/o. Late Abdul Raheem, Aqed about 43 vears. Occ Business, Rl/o.H.No.3-6-49, Adarsh Nagar, Karirfinagar, Karimhagar District. 9. Kamatam Venkatesham, S/o. Mallesham, Aged about 64 years, Occ Business, Ryo.H.No.3-1-4, Opp lB Guest Rause, Karimnagar, Karimnagar District. District.

10. Kamatam Sarada, W/o. Venkatesham, Aged about 59 years, Occ House Wife, R/o.H.No .3-1-814, Karimnagar Town, Karimnagar District. ...PETITIONERS The State of Telangana, Rep. by its Principle Secretary, Municipal Administration Department, Secretariat Buildings, Secretariat, Hyderabad The Municipal Corporation, Karimnagar District, Rep. by its Commissioner. The District Collector, Karimnagar, Karimnagar District. . AND 1. 2 J Petition under Article 226 ot the Constitution of lnd ia 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 ...RESPONDENTS Writ of Mandamus, declaring the action of the 2nd and 3rr respondents in trying to demolish the structures in respect of the petitioners prop() ty bearing H.No.3-1 - 865, H.No.3-1-866 in respect of 1st petitioner, H.No.2 {-230, H.No.2-8-231, H.No.2-B-232, H.No.2-8-233, H.No.2-8237, H.No.2-B-23r1 in respect of 2nd petitioner, H.No.2-6-281 in respect of 3rd petitioner, H.No.:r-6-288 in respect of 4th petitioner, H.No.2-6-289 in respect of sth and 6th pet t irners, H.No.3-1-B in respect of 7th and 8th petitioners, H.No.3-1- 4, H.No.3-.1 .t 15 in respect of gth petitioner, H.No.3-1-8 14 in respect of 1Oth petitioner, res rectively situated at Karimnagar Town, Karimnagar District without issuing any notice, without invoking appropriate provisions of law as illegal, irregular, a rbitrary and violation of princioles of natural justice as well as being violate of Ar i :le 14, 21 and 300-A Constitution of lndia, and consequently direct the respond,: rt No.2 and 3 not to demolish the petitioners property in respect of houses Lr aring H.No.3-'1 -865, H.No.3-1-866 in respect of 1st petitioner, H.No.2- 8-230, H !!).2-8-231, H.No.2-B- 232, H.No.2-8-233, H.No.2-8-237, H No.2-8-238 in resp€,( t of 2nd petitioner, H.No.2-6-281 in respect of 3rd petitioner,. H.No.2-6- 2t t in respect of 4th petitioner, H.No.2-6-289 in respect of 5th and 6th petiticners, H.No.3-1-B in respect of 7th and Bth petitioners, H.No.3-1-4, H.No 3-1-t] 5 in respect of gth petitioner, H.No.3-1-814 in respect of 1Oth petitioner, rer;grectively situated at Karimnagar Town, Karimnagar District, forthwith l.A. NO: 1 OF 2014(WPMP. NO:51262 OF 2014) a Petition .under Section 151 CPC praying that in the circ umstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.2 and 3 not to demolish the p ) itioners property in respect of houses bearing H.No.3-1-865, H.No.3-1-866 in respect of 1st petitioner, H.No.2-8-230, H.No.2-8-231, H.No.2-B- 232, H.Nc .2-8-233, H.No.2-B- 237, H.No.2-B-238 in respect of 2nd petitioner, H.No.2-6-2[ 1 in respect of 3rd petitioner, l-1.No-2-6-288 in respect of 4th petitioner, H.No.2 6-289 in respect of 5th and 6th petitioners, H.No.3- 1-8 in respect of 7th and 8th p ,rtitioners, H.No.3-1- 4, H.No.3-1- 815 in respect of 9th petitioner, H.No.3-1- 812 in respecl of 1Oth petitioner, respectively situated at Karimnagar Town, Karimn;t ;ar District, pending disposal of the above writ petition Counsel for the Petitioners: SRl. ANNNAMPELLI GANGADHAR Counsel for the Respondent No.'l : GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI K. SIDDHARTH REDDY, SC FOR MUNICIPAL CORPORATION Counsel forthe Respondent No.3: GP FOR REVENUE The Court made the following: ORDER t HON'BLE SRI JUSTICE LAXMI NARAYANA /[,,ISHETTY WRIT PETITION No.4O917 of 2014. ORDER: This n rit petition is filed to declare I I e zrction of respondent Nos.2 and 3 in trying to demolish t'r : pe ritione rs, house properties as illegal, arbitrary and in violarr ,n ol Articles 14,27 and 300-A of Constitution of India and for r,tnscqucntial relief.

2. Heard Sri A.Gangadhar, learned Courr.el lor the petitioners and Sri K.Siddharth Reddy, learrr, cl S tan ding Counse[ for respondent Nos.2 and 3.

3. Learned Standing Counsel for respondent l,los.2 and 3 represented that thc issue raised in the present \\ I .t p(_.trtion is squarely covered by the Order dated 27 .\O.2O2: , pirssecl in W.P.No.45876 of 2016, and therefore, prayed to c i ;pose of the present writ petitions in terms of orders passed b1. r his Court in W.P.No.45876 of 2016.

4. Lcarned Counsel for pctitioners did nor lispute the submissions made by the learned Standing ( tourrsel for respondent Nos.2 and 3 ') !r-\ --"--:1 .l

5. Accordingly, this writ petition is disposed of in terms of Order dated 2T.lO.2O2S in W.p.No.45gT6 of 2016. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. d I i i. //TRUE COPYII Sd/.U.SUDHA ASSISTANT REGISTRAR 0 SECTION OFFICER To, ,Principre secretar!, Lr4unicipar Administration Department, secretariat l The ^ Buildings, Secretariat, i.S.,l-lyOeraUaJ z. I he Commissioner. lMunicipai Corpo_ration, Karimnagar District,. 3. The District coilector, t*artmnagarlKaiirillo Ji'bi;tri"t 1. 9r" c-c_ro SRt. ANNIAMCEI'LI cnr.rcniiriln]iluo"ate topucl s 9lq_Q9 tosRt. x.i.srooHnnrH-iiEijijy;' 5c Fon ul.l-rircrpnr ^ coRP_O_RATtoNloPUql 6. TWO CCS tO Gi' FOR MUN.ICIPAL ADMINISTRATION AND URBAN DEVELOPMENT.Hioh Court f- tf," St"I"'oi'i"irngrnu, at Hyderabad touTt 7. Two CCs to Gp FOR REVENUE High Cou(forthe State of Telangana, at Hyderabad IOUTI 8. Two CD Coiies ' : . B M (Along with a copy of the order dated 27.10.202s in w.p.No. 4s876 of 20161 Vv PMK HIGH COURT DATED:1711112025 ORDER WP.No.40917 of 2014 ,f , a.) I of.iiES 'A t ? ' \i0i/ ?025 z ,,it)_ 'i.::.* '\. Ar-^ r-.J.\: t DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,a,\ .d' V.-v",.,.", -z$\ t HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHET.TY WRIT PETITION No.45876 of 2OL6 ORDER: This writ petition is fiied to declare the action of respondent Nos.2 and 3 in trying to demolish the petitioner's house property as illegal, arbitrary and in violation of Articles 14, 2l atd 30O-A of Constitution of India.

2. Heard Sri A.Gangadhar, Iearned Counsel for the petitioner and Sri K.Siddharth Reddy, iearned Standing Counsel for respondent Nos.2 and 3.

3. Learned Counsel for the petitioner would submit that petitioner filed a suit utde O.S.No.21 of 1993, for declaraLion of title and for permanent injunction in respect of house property bearing H.No.3-1-789 & 79O, situated at Christian Colony, , Karimnagar. (hereinafter referred to as 'subject propertyJ ald the said suit was decreed uide Judgment and decree dated

20.04.1993, and no appeal was preferred, and the said decree became-hnal and the petitioner has become the absolute owner of the subject properfy; that petitioner applied for permission for construction of a building consisting of Ground + 2 upper floors and the sarne was accorded uide ROP.No.G2 /29 /2OO7, dated 2 01 .O2.2OO7 and constructed the building and has been in possession and enjoyrnent of the same. While the matter stood thus, respondent No.2 issued notice dated. 24.O t 2O15, calling for objection along with documents pertaining lrr petitioner's property, as they are processing the master r an work for widening 10O ft. road from Gheeta Bhavan Chowra;tha to R & B Guest House and Ambedkar Chowrastha, Kanrt lagar, under Smart City Scheme and marked the petitioner's property for demolition; that petitioner attended the meeting ,t r 02.O2.2O75 and submitted objection along with the documt r ts. However, respondent No.2 without following the I )r f,cedure as. contemplated under Section 146 and 147 of the GFIMC Act, 1955, are trying to demolish the petitioner's propr,r ty. Aggrieved by the same, present Writ Petition is filed.

4. The lenrned Standing Counsel for. responder t Nos.2 and 3 ) on instructions submitted that respondent Nos.2 rnd 3 would follow due procedure as contemplated under lau. in case the petitioner's property is affected in the road widening project.

5. Considering the submissions made by t.he learned Counsel for the petitioner as well ." l."rrr.d Star c ing Counsel for respondent Nos.2 and 3, this Writ Petition i; disposed of J with a direction to respondent Nos.2 and 3 not to interfere with the possession and enjoyment of the petitioner in respect of subject property, except in accordance with law. It is made clear that this Order will not preclude the respondents' Corporation from acquiring the petitioner's property if the same is required for the purpose of road widening by duly following the procedure as contemplated under law. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. DATE-.27.LO.2o25 TRI LA>(MI NAR4.YANA ATISHETTY, J I