High Court · 2025

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 Writ or Direction, Preferably Writ of Mandamus, declaring the notices issued by Respondents No.5 Dated 09-09-2024 and 14-10-2024 vide R.C.No.124t2024 directing me to produce documents and also to halt the construction activity until further orders with regard to reSidential hOUSe in Sy NO 890/AA situated at Thallada village and mandal, Khammam District, Khammam, as illegal, arbitrary and violative of Principles of Natural Justice and consequently set aside the said notices. lA NO: 1 OF 2024 Petiticn under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all furthe:r proceedings including the demolition of any part of the residential building of the petitioner in pursuance of the impugned notices Dated 09-09-,2024 and 14-10-2024 vide R.c.No.12412024 pending disposal of the main writ petition Counsel for the Petitioner: SRI K.UJJAWAL BABU' REP' SRI M.V.HANUMANTHA RAO Gounsel for the Respondent No.l, 3 & 4: GP FOR PANCHAYAT RAJ & RURAL OEV Counsel for the Respondent No'2: GP FOR REVENUE Counsel for the Respondent No'5: SRI K'PRADE-EP REDDY' SC FOR GRAM PANCHAYAT Counsel for the Respondent No'6 & 7: SRI P'CHAITANYA The Court made the following: ORDER rN rHE HrcH couRil'fi$ffirAfE oF TELANGANA THE HON'BLE SMT . JUSTICE T. MADHAVT DEVI In/and Date 16.12'2025 Between: GuntuPatli Narasimha Rao ... Petitioner AND The State of Telangana' Rep. by its PrinciPal SecretarY' fanchaYat Raj DePartment' ^ il;t"d;, HYderabad and four others ,r ...ResPondents This Writ Petition is filed aggrieved by the notices dated 0g.09.2024 and |4.|0.2024 issued by respondent No.5, directing tlre writ petitioner to produce documents and to halt the construction until furlher orders, in respect of a residential house in Sy'No'890/AA situatedatThalladaVillageandMandal,KhammamDistrict,asillegal and arbitrarY. I 2 lA_2_2O2q inlancir wP_29276 2024 2' I{eard K. Ujawar Babu, Ieanred counser representing learned counser ftlr the petitioner, Iearned Governmentrpleader for panchayat Raj and R'ural Development, appearing for respondents No. r, 3 & 4, learned G'r's11,,r"nt preader fbr Revenue, appearing for respondent No'2' sri K. pradeep Reddy, Iearned sta,ding counser for Granr Panchayat, appearing for r-espondent No.5 and sri p. chaitanya, learned counsel for the petitioners in I.A.No .2 of 2024.

3. Sri K. Ujjawal Babu, learned counsel representing learned counser for the writ petitioner, submitted that the petitioner was granted building permission by trrc respondents for making construction and whire he was proceeding with the same, the respondents have issued the impugned notices dated 0g.0g.2024 and, 14.10.2024. challenging the same, this present writ petition has been filed.

4. on 28.10.2024, learned Sta,ding counsel for respondent No.5 submitted that the petitioner has been granted building permission fcr construction of ground * two floors buitding, whereas the petitioner has constructed a third floor without permission. In view of the silme) this Court had directed ttre respondents not to take \ \ l TN,ID.J llt_Z_2O24 in/ancl wP_29276-2024 J any coercive steps against the third floor and to seal the unauthorized construction in the third floor and further directed that the petitioner shall not use the same until further orders.

5. I.A.No.2 of 2024 is filed seeking permission to irnplead the petitioners in the application as pafty respondents No.6 & 1 in W.P.No.29276 of 2024 as well as the IAs. The petitioners in I.A.No.2 of 2024 submitted that they are the owners of the agricultural land in Sy.No.890/AA and that the writ petirioner has illegally occupied the said land and is making construction thercon. It is further submitted that the petitioners in I.A.No.2 of 2024 have rnade several representations to the authorities not to grant any building permission in the said land. However, witrrout considering the same, the building permission was granted to the writ petitioner and therefore, they are proper and necessary parties to be impreaded in this writ petition. 6' Learned counser fbr trre writ petitioner, however, opposed the impreadment of the petitioners in I.A.No.2 of 2024 as pafty respondenrs No.6 & 7 in W.p.No.2 9276 of 2024. 7' Having regard to the rivar contentions and in view of the fact that the representations made by the petitioners in I.A.No .2 0f 2024 \ TMt-. lA_2_2024 inland wP_29276_2024 4 before the authorities, which are placed at Page 28 to 34 of the material papers in t.A.No.2 of 2A24, are prior to the grant of building pennistiion to the writ petitioner, the otficial respondents ought to have c()nsidered their objections before gralting such permission' Therefore, this Court is satisfied that the petitioners in t'A'No'2 of 2024areproperandnecessarypartiestothisWritPetition. Accordingly, I.A.No .2 of 2024 is allowed' S.Sincethebuildingpermissionhasalreadybeengrantedand thereisaprovisionofappealagainstt[-resamebeforetheDistrict Collector,|heimpleadedrespondentsNo.6&Tt.e.,tlrepetitionersin I.A.No.2of2024,areperrnittedtofiteappealsbeforetheDistrict Collector' On filing of such appeals' the District Collector shall considerancdisposeofthesanreirraccordarrcewithlaw,aftergiving reasonable opportunity of hearing to all the concerned parties' [n the meantiure' as the construction g. above grour'd plus two floors is unauthorized' of building over and the same shalt remain under seal' \ \ TMD,J r^ ? 2024idand "wizszte zozq 5 are a\so directed to consider and examtne made by the writ petitioner' i'e'' sum of

10. The respondents the nature of the PaYment Rs.25,000/- Paid through challan'

11. In the result' l.A.No.2 of 2024 is allowed' W.P.No.2 9216 of 2025is accordingty disposed of with the above directions' There shatl be no order as to costs' Miscellaneous applications' if any' pending in this Writ 1

11. 12: Petition, shall stand closed' /TRUE COPY/ SD'.A. SRINIVASA ASSISTANT REDDY ISTRAR OFFICER To,

1. The Principal secretary, Panchayat Raj Department' s'ecretariat' Hyderabad' State of Telangana.

2. The District Collector, Khammam District' Khammam' 3. The Addl. District Collector (Local Bodies), Khammam District, Khammam. 4.TheDistrictPanchayatofficer,KhammamDistrict,Khamnaam 5. The Secretary, Gram Panchayat Thallada Village and Mandal' Thallada (V & M) Khammam District, Khammam

6. one cc to sRl M.V.HANUMANTHA RAO, Advocate [oPUC] 7. One CC to SRI P.CHAITANYA, Advocate [OPUC] 8. One CC to SRI K.PRADEEP REDDY, SC FOR GRAM PANCHAYAT [OPUC] 9. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV, High court for the State of Telangana at Hyderabad [OUT] I

10.Two ccs to Gp FoR REVENUE, High court for the state of Telangana at Hyderabad [OUTI 11 .Two CD CoPies BSR \ry HIGH COURT DATED: 16t12t2025 COMIUON ORDER t.A.No.2 af 2024 l WP.No.29216 of 2024 D () (J ,t 2 t F[8 tilt6 * ALLOWINGi THE I.A. & DISPOSINGi OF THE WRIT PETITION, WITHOUT COSTS a AA