✦ High Court of India · 04 Sep 2025

The High Court · 2025

Case Details High Court of India · 04 Sep 2025
Court
High Court of India
Decided
04 Sep 2025
Bench
Not available
Length
1,108 words

Petition under Article 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 an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondent No. 2 authority in passing the orders No. G'1/TPBO-11118151202516, dated 26-08- 2025, with the name of notice through which straight away deciding that, the petitioner made unauthorized construction and directed to remove the same within 7 days, without issuing any notice to the petitioner and without calling any explanation from the petitioner and withoul looking into the fact that, the small house was constructed by the petitioner about 20 years back and the same was assigned with house number i.e., H. No. 1-3-16612, with compound wall in an extent of 165.34 Sq. Yds, near Maddula Cheruvu Sub Road area, of Korutla Proper and Mandal, Jagtial District, is nothing but arbitrary, illegal, null and void and violative of principles of natural justice, and also vrolative of the provisions of the Telangana Municipalities Act, and also violative of the Articles 14, 19 and 21 -Y of the constitution of tndia and also abusing the powe rs vested in them. Consequently set aside the same, thereby direct the respondrtnt Nos. 2 and 3, not to demolish any extent of petitioners house i.e., H. No. 1_3-1,16 t2, with compound wall in an extent of 165.34 sq. Yds, near Maddula cheruvu sub Road area, of Korutla Proper and Mandal, Jagitial District. lA NO:1 OF 2025 Petition under Section 1s1 cpc praying that in the circ:umstances stated in the affidavit filed in support of the petition, the High court may be pleased to suspend the orders in No. G1/TpBo-lllt11st2o2s/6, dated 26-o}-202s, thereby direct the respondent No's. 2 and 3 not to demolish any ()xtent of petitioner,s house ie., H.No.1-3-'166/2, with compound wall in an extent of .165.34 Sq. yds, near h/addula cheruvu Sub Road area, of Korufla proper and Mandal, Jagtial District. Counsel for the Petitioner: SRI K.VENUMADHAV Counsel for the Respondent No.1: Gp FOR MCPL ADMN & URBAN DEV Counsel for the Respondent No.2: SRI PUTTA KRISHNA REDDy, SC FOR Counsel for the Respondent No.3: Gp FOR REVENUE MPCL The Court made the following: ORDER a.-'\ HONOURABLE SRI JUSTICE B. VIIAYSEN REDDY WRIT PETITION No.26699 OF 2025 ORDER: (ORAL) Heard Mr. K.Venumadhav, leamed counsel for the petitioner; Mr. Putta Krishna Reddy, learned Standlng Counsel lor respondent No.2 Municipality; and pursued the material on record.

2. Notice No.G1/TPBO-III/815/202516 dated 26.08.2025 was issued to the petitioner directing him to remove the unauthorized construction being made in the land admeasuring 165.34 square yards, near Maddula Cheruvu, Sub Road Area of Korutla Proper and Mandal, Jagtial District, without sanctioned plan. The petitioner was further directed to submit registered ownership documents and permission related documents, if any, within a period of seven (7) days faiting which, action will be initiated under Section 178(l) of the Telangana Municipalities Act,2019

3. Leamed counsel for the petitioner submitted that the petitioner acquired the subject property by way of registered gift seftlement deed bearing document No.186l of 2009 dated 19.08.2009. It is submitted that the building (small house) in the subject property bearing H.No. I -3- 16612 was in existence prior to acquisition of the subject property by the 2 i') petitioner. In fact, the petitioner had been paying the property tax in respect of the subject property. That without issuing any prior notice and without proper enquiry, the impugned notice dated 26'08 2025 is issued which is in the nature of direction to the petitioner to removL' the unauthorized construction and the same in in violation of principles of natural justice

4. Per contro, leamed Standing Counsel for GHMC, basing orr the written instructions, submitted that during the routine inspection, it was revealed that the construction made by the petitionor in the subject property is without any valid municipal permission. Thus, the notice dated 26.08.2025 was issued to the petitioner, but so far the petitioner did not submit an1' reply to the said notice nor fulnished anv title documents/sanctioned plan. The apprehension of the petitioner is that pursuant to thc said notice, the buitding of the lretitioner will be demolished. A s and when, the petitioner submits reply along with relevant documents, appropriate decision will be taken, in accordance with law.

5. In the circumstances, this writ petition is disposed of directing the noticc dated 26.08.2025 to be treated as show caus': notice. Further, 3 the petitioner is directed to submit reply along with relevant documents to the said notice within a period of seven (7) days from the date of receipt of a copy of this order. On receipt of such reply, necessary enquiry shall be conducted by aflording opportunity of hearing to the petitioner and pass appropriate orders in accordance with law. until such exercise is done, status quo obtaining as on today shall be maintained in respect ofthe subject property. There shall be no order as to costs' As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed. SD'. N.RAJAGOPAL Epurv REGISTRAR /ITRUE COPY// SECTION OFFICER To n Department,

1. The PrinciP al Secretary to the MuniciPal Administ Secretariats Building, HYderabad, State of Telangana er and Mandal, Jagtial 2. The Commis sioner, Korutla MuniciPalitY' Korutla ProP 3 ?LttEli"r""ment Team Leader/Rev-enue Divisional officer' Korutla Division' , Ult[1]'" iffi[tflJf${i'ir'",'g!t:.qorrg]*,nn ror the state i iilI d6"i. cp ion udpl nor"ltl a URBAN DEV' - oir"6ns"na, at Hvderabad' ? ?,13 33Ji":3i?'"TAAtt.;; rUn c""t to' tn" s'iutE-oti"unlana' at JRXE=orr SC FoR M'CL [opUC] "o,n Hyderabad. [OUTI Two CD CoPies R PSK. PSK M i I I l I HIGH COURT DATED:0410912025 ORDER WP.No.26699 of 2025 CC TODAY iE ST;i ri:t I B Sl:P ?ffi ^ -{) \i ..1.. *.xi.1r-r

2.i -. 1 .::.// .,' .L ,.,' DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 (1 q

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments