High Court · 2025

SRI JUSflCE EPTEMBER B .VIJAY.SEN REDDY Between: WRITPE ON NO :28 002 OF 2025 #lg.*fl T.,:fl ,x,f g:.Tl?,ynffi AND "J:?"i#HJiliil,,?,,ft ,l*.r,,?l[?,f iffi fu t,:.r?,1,1:,:i:,3"?#::"" ...PETITIONER Sff"15#u::J,S:tf.?:Al,:liti!ti:tandUrban ' ffi ,B:fl ;;#,i:ilff : #,lx:. sa|;l i:rig,,:"r, o B y its com m iss io n e r, t lli,J:[Jl',o:'3[]1ffi, r?ffi?;"f;*,*,. *,.,.n", Municipar corporation, ...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 an appropriate writ, order or Direction, more particurarry one in the nature of Writ of Mandamus, declaring the high handed action of Respondents in not taking any action against the i,egal unauthorised constructions being conducted in the petitioner's property i.e., prot No. 214 and 2'l 5 in sy'No'83g situated at lVrunnur Kapu corony, Hanamkonda Revenue Village and Mandat, Hanamkonda District as arbitrary, unjust, violative of Principars of Naturar Justice, viorative of Articre 14, 21 , 300-Aof the constitution of India, particurarry in vioration of ad-interim injunction vide r.A.No.32 3 0f 2025 in O.S.No. 1465 of 2025. in the Court of principat Senior Civit ,;;"r, Hanamkonda and consequenay direct the Respondents to demorish the iregar construction in the interest of Justice. IANo: 10F2025 Petition that in the circumstances stated he Hig h Court maY be Pleased to ssary action against the the Petitioner's ProPerty ie Plot nur KaPu ColonY' Hanamkonda rict fortFrwith pending disposal of under Section 151 CPC Praying t filed in support of the petition' t in the affidavi direct the ResPondent No 2 and 3 to take unauthorized con struction being commenced in No.214 and 215 in SY.No.839 situated at Mun Revenue Village and Mandal, Hanamkonda Dist the main Writ Petition in the interest of Justice Counsel for the Petitioner: SRI S'LAKSHMi KANTH Counsel forthe Respondents No'1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondents No'2 & 3: SRt PASHAM MOHTTH' SC FOR GWMC The Court made the following: ORDER HONOURABLE OR ERD : (ORAL) SRI IUSTICE B. VIIAYSEN REDDY 20F oN No This writ petition is filed by the petitioner seeking to declare the action of the respondent authorities in not conside.,r, ,;;;, of the petitioner for removar of unauthorized constructions being made in her property bearing plot Nos.2l4 and 215,in Survey No.g39, situated at Munnur Kapu Colony, Hanamkonda Revenue Village and Mandal, Hanamkonda District, despite ad_interim injunction order dated 07.03.2025 in I.A. No.323 of 2025in O.S. No.1465 of 2025passed by Senior civil Judge, Hanamkonda (for short .triar the leamed principal Court'), as being illegal, arbitrary and unconstitutional.

2. Heard Mr. S.Lakshmikanth, learned counsel for the petitioner; Mr. Pasham Mohith, leamed Shnding Counsel for GWMC (Greater Warangal Municipal Corporation), a ppearing for respondents No.2 and 3; and perused the material on record.

3. It is submitted that the petitioner is the absorute owner and possessor of the A.C. shed roof house bearing GWMC H.No.7_7_ 366/19/1, plot Nos.214 and 215 admeasuring 3g2.22 sqtare yards in z Survey No'839, situated at Munnur Kapu Colony' Hanamkonda Revenue Village and Mandal' Hanamkonda District' While so' some third parties started interfering with the possession of the petitioner in respect of the subject ProPert,, * *":' ::1 l: -::i::,:,;:Hilr; O.S. No.1465 of 2025 and ad-interim injunctton c was passed by the trial Court in I'A' No'323 of 2025' Despite the same' the defendants therein criminally trespassed into the subject property with man and machinery and started construction activity without any valid permission' It is submitted that the husband of the petitioner lodged several complaints with the respondent authorities to take action against the illegal construction being undertaken in the subj ect property but so far no action has been initiated' That the petitionel submitted another representation dated 28'08'2025 to respondent No'2 stating that fifteen (15) persons are making attempts to encroach upon the subject property without foliowing due p-rocess of law' but no action has been taken till date, as such, she was constrained to approach this Court' Leamed Standing Counsel for GWMC submitted that on receipt of 4 the represenration/compTaint of the petitioner, the site was inspected and it was found that one Mr. Gaddam Kaftaiah S/o Sailu is making 3 \ unauthorized construction in the subject property. Subsequently, show cause notice dated 0g'0g'2025 was issued directing Mr. Gaddam Kattaiah to submit his explanation as to why action shourd not be initiated under Sections l7g, lg0 and lgl of the Telangana Municipalities Act, 2019 and the unauthorized construction made by him should not be removed within a period of seven (7) days. It is submitted that Mr. Gaddam Kattaiah is not a party to O.S. No.l465 of 2025. Leamed Standing Counsel submitted that further action pursuant to the show cause notice dated 09.09.2025 will be hken in accordance with law. , ,

5. In the circumstances, without entering into the merits of the case, this writ petition is disposed of directing respondent No.2 to conduct enquiry pursuant to the show cause notice dated 09.09.2025 by giving oppornmity of hearing to the petitioner and Mr. Gaddam Kattaiah, and all other concerned/interested persons, and pass appropriate orders in accordance with law, within a period of six (6) weeks from the date of receip of a copy of this order. As it is stated that the construction activity ,ndertaken in the subject property is unauthorized and without any valid permission, respondent No.2 is directed to forthwith stop the f-'i:,: .! ':: l*iir,' : f':.'., t,,,-tr. li ..,i.r :-;--_:l - -l 4 ,i. -,:.: unauthorized construction pending enquiry pursuant to the show cause notice dated Og 'Og '2025 ' There shall be no order as to costs' As a sequel thereto' miscellaneous applications' if any, Pending in To, this writ Petition, stand closed' I/TRUE COPY// SD/. U.SUDHA TANT REGISTRAR A ECTION OFFICER and Urban "J'y:tifsLfs$nistration o, r co rp o ratio n' H an u m a ko n d a' r waransal Mu nicip al co rporation' "' "' ' $?J,Jffi'sil,33ii3l3y;,,',iX,i5,T'ii,.l , H? ff I,T1...j"63'+,g,:?iiJ#i131%1d3t t u?r*[io'"'il$x3, rofu',iJ;nf; ""e 4. One CC to SRI S LAKSHMI KANTH' Advocate IOPUCI 5. One CC to SRI PASHAM MOHITH' SC FOR GWMC IOPUC] l:,:fr::i""f,irl3,5ryl"i"t +?MN 'RBAN DEV' Hish court ror the State or

7. Two CD CoPies BSR N/ HIGH COURT DATED: 1710912025 CC TODAY ORDER l l WP.No.28002 of 2025 ''t, ;i r t! ., .i ,T:. i' ir- x(> !l- 6go t'. _{ ';: :fy. DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ,4 ) 1 r 1