The High Court · 2025

21-09-2023 pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: SRI MOHD ASIFUDDIN Counsel forthe Respondent No.1: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent Nos.2 & 3: SRI PUTTA KRISHNA REDDY, SC FOR Counsel for the Respondent No.4: SRI V.S.R.AVADHANI MPCL The Court made the following: ORDER .TIIE IION'I}LI] SRI.IUSTIC[, K. I-AKSIIN{AN WRIT PI.l'tl]'ION No. 31335 of 20 23 oRI)Ett: Heard learned counsel fbr petitioner and Sri Putta Krishna Reddy, learned Standing Counsel appearing fbr respondent Nos.2 and 3 and Sri V.S.R. Avadhani, learr.red counsel appearing for 4'r' respondent.

2. Petitioner is a resident of house bearing No.l7-259, Santl.roshi Matha Colony, within the limits of Devarakonda Municipality. According to him, 4'r' respondent has obtained building permission for construction of Ground + I Upper Floor in Survey No.666 part of Devarakonda Municipality. But, 4th respondent is proceeding with the construction in l.he land in Survey Nos.406, 406/1, which is a Government land. The same is an unauthorized construction. Therefore, petitioner got issued a legal notice dated 21.09.2023 to 2nd respondent with a request to take action against 4'h respondent. Despite receiving the said legal notice, 2nd respondent did not act upon the same. Aggrieved by the €i,ir;--- 2 KL. J W I'] No..l l335 oI2023 said actiorr of 2"'r respondent, petitioner flled the present Writ Petition.

3. Leartrod Star-rding Counsel appearing for respondent Nos.2 and 3. on irrstructions. would subrnit that 2"'l respondent lias accordecl pcrmission to 4tl' responclent to construct Ground + I Uppcr Irloor or.r satisfying prima JLrcie title and possession of 4th responderlt over the property situated in Sun,ey No.666 part of Devarakonda Municipality. lJowevcr, 2"d rcspondent cannot adjudicate the title disputes. If petitioner has any gricvance, lre has to approach the civil Court. Lcarned Standing (lounsel would furlher submit that petitioner has subrnitted another representation dated t3.02.2024 alleging that though 4'r' respondent l.ras obtainecl building permi:sion lor construction of Ground + 1 Upper Floor, he has constructccl t\\'o extra lloors. The same is an unauthorized constructron Thercfore, he requestecl 2"d responrlent to take action against 4'r' respondent. The sarne has not been considered. In the circumstances. l.re has fllcd a \Vrit Petition virle W.P.No.6758 of 2025. Vide order dated 06.03.2025, this 3 KI,, J W.l'No 3I335 of 2023 Court disposed of the said Writ Petition directing 2nd respondent to consider thc represcntation dated 13.02.2024 submitted by petitioner, inspect the site and if the allegations rnade by petitioner are tbund to be correct, he shall take action against 4'h respondent hereini5'r' respondent therein strictly in accordance with the procedure laid down under the Telangana Municipalities Act, 2019, by putting petitioner and 4'l' responclent on notice and atiording them an opportunity ol hearing. He shall complete the said exercise within a period of fbur (4) weeks from the date of receipt of copy of the said order. This Courl has also granted liberty to Tahsildar and District Collector to take steps against 4tr' respondent if the subject construction is in Govemrnent land, in accordance with law.

4. It is rclevant to note that 2'"r lespondent will consider only primo fucie title and possession while considering the building pe rmission application. I-{e will not collsider or adjudicate other aspects including the allegation made by petitioner that 4 th respondent IS proceeding r.vith thc 4 KL. J w.P No-31335 oi 2023 construction in the land in Survey Nos.406 and 406/1, which is a Governnretrt land, though he has obtained building - pennr ssloll respect o1' land in Survey No.666 1tar1 of Dcvirrakontla.

5. In the light of the above, this Writ Pctition is also disposed of granting liberly to pctitioner to approacl.r the cornpctcnt civit Clouft lbr ad.ludication of ciril disputes betweert hirn and 4'l' respondent. There shall be no tlrdcr as to costs. Miscellaneous applications, if any pending, shall stand c lo s ccl. //TRUE COPY// SD/.S ALLI KARJUNA RAO TAN T REGISTRAR M SI SECTION OFFICER To De partmen

1. The PrinciP al Secretary MuniciPal Ad ministration an Urb t, Hvd erabad, State of Telangana sioner Devarako nda, Devarakonda NIuniciPa lity, Nalgonda 2. Th 3. The Assistant CitY Planner' Devarakonda Municipality Devarakonda'Nalgonda t. e Comm IS Secretaria District an DeveloPment 4 5 6 7 B PSK, GJP p'q*#[fiflUffi;';;-**;::::i"'". 5i3g*ffi Two CD CoPies HIGH COURT DATED:07n312025 ORDER WP.No.31335 of 2023 .{ rt- r i4 ,6. ( ,) o 2I lrli 26 Dr:',,1rCH €-O , o )) z aI f) DISPOSING OF THE WRIT PETITION WITHOUT COSTS o (* 2