JANGILI MALLIKARJUN v. 1. The State of Telangana

5. The Tahsildar, Jagithyal lvlandal, Jagtial Town, Telangana. 6. Minapur Srinivas, S/o Yellaiah, age 57 years, Occ Business. R/o H . no . 1-2- 1 01 i3, markandeyanagar, Jagtial town and district, Telangana. .....RESPONDENTS Petition Under Article 226 of lhe Constitution of lndia praying that rn the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of $/rit of lVlandamus declaring lhe inaction of the Respondent authorrties for not taking action against illegal installation of TinShed by Respondent no.6 sanctioned permissionno.51617lJAGL|027 512021 , dated 14-07 -2021 in spite of my representations dated 7th tVlay, 2025 lo Respondent no.3 and letter address by land contrary to in my Respondent no.3 to Respondent no.2as illegal and arbitrary and consequently direct the Responclent authoritres to remove the Tinshed ar;:rinst munrcipal house no.2- T916ll lA,Viajayapu ri Locality, Jagityal Town, Jagityal C,rstric:t forthwith. l.A.NO:'l OF 2025 Petition Under section 151 cpc prayrng that in the cirlumstances stated rn the affidavit filed in support of the petition, the High courr ma,7 be pleased to direct the Respondent authorities to conduct the enqurrl as per letter Lr.No E5162512025, dated 13-05-2025 sent by Respondent no.3 tc Res,pondent no.2 to take necessary action as per law till pending disposal of the vrrit petition Counsel for the Petitioner : SRI RAJASHEKAR THALLAPI\|.Ly Counsel for the Respondent No.1 : Gp FOR MCPL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No.2 : SRI pUTTA KRISHNA ltEDDy Counsel for the Respondent Nos.3 to 5 : G.p FOR REVENUE Counsel for the Respondent No.6 : - The Court made the following ORDER THE HONOURABLE SRI JUSTTCE B. VIJAYSEN REDDY WRIT PETITION No.29204 OF 2025 ORDER:(ORAL) This writ petition is filed by the petitioner seeking to declare the inaction of the respondent authorities against the illegal installation of a tin shed by respondent No. 6 on his land contrary to the sanctioned permission No.51617/JACL|0275l2o2l, dated

14.07 .2021 despite his representation dated 07 .05.2025 to respondent No.3 and the letter addressed by respondent No. 3 to respondent No.2, AS itlegal and arbitrary; and consequently, to direct the respondent authorities to remove the tin shed situated at rnunicipal house bearing No.2-79l6lllA, Vijayapuri Locality, Jagityal Town, Jagityal District. lorthwith.

2. Heard Mr. Rajashekar Thallapally, leamed counsel for the petitioner; Mr. Putta Krishna Reddy, leamed standing counsel fbr the Municipalities, appearing for respondent No.2; and perused the material on record

3. The petitioner claims to be the absolute owner and possessor of land admeasuring Ac.0-12 guntas in Survey No.45 l/3 and another ) land admeasuring Ac.0-15 guntas in Survey lrl,:.45 t/8, total admeasuring Ac .0-21 guntas, situated at Thippannapet Village, Jagityal Mandal and District. That originatty, flather. .r1- the petitioner purchased Acs.2-00 of land in Survey No.45 I out o. total extent of Acs.7-15 guntas, situatcd at 1'hippannapet Viltage, . agityal Mandal and District along with orher two other persons nanrely Mr. Jangili Omkari and Mr. Sirikonda Hanmandlu. The land rvas partitioned among three .ioint owners and share of Ac.0-27 gunras i.e. Ac.0_20 guntas in Survey No.45 I / I and Ac.0-07 guntas in 45 I /i) was allotted to the lather ol' the petitioner. Thereafter, name cl'father of the petitioner was mutated in revenue records and he was issued pattadar passbooks for the lar-rd admeasuring Ac.0-2j guntas. Subsequently, in a family settlemenl, the sub.ject land was allotted ro the petitioner and succession was granted in favour of the petitioner. Later, pattadar passbook rvas issued to the petitioner and the petitioner's name was also rcllected in the l)harani portal.

4. While so, one Mr. Kondra Bapu Rao rrade a claim over 4.5 guntas of land of the sub.iect property and filed suit r,,rte O.S.No. l0g of 2010 beforc the learned Junior Civil Judge, JagtirLl for perpetual l injunction and the said suit was decreed. Aggrieved by the same, the petitioner preferred an appeal vide A.S.No. I 4 of 2013 before the learned II Additional District Judge, Karim nagar at Jagtial and the said appeal ended in favour of the petitioner and decree was set aside. Thereafter, the plaintiff in O.S.No.108 of 2010 instituted second appeal vide S.A.No.2 l4 olr 2014 challenging the judgment of the hrst appellate Court and the same is pending. It is stated that respondent No.6 claims ownership over 93.00 square yards in survey No.45 l/EE situated at Thippannapet Shivar, Vijayapuri, Jagtial Town, Jagtial District, by virtue of a registered sale deed bearing document No.3834 of I 996, dated 24.08.1996 and mutation proceedings bearing No.B/916/2007, dated 16.ll.2OO7 was also issued by the Tahsildar, Jagtial. It is stated that respondent No.6 misrepresented the lacts before respondent No.2 and applied for building permission bearing application No.7677lJAG\/OOO\l202l, dated 04.01.2021, for construction of stilt for parking plus two upper floors. ln the said application, respondent No.6 mentioned 74.00 square yards instead of

93.00 square yards, and as such, the approval was granted. However, as per sanction plan, the construction was not commenced and was not completed before the expiry date i.e.04.01-2024. It is stated that, .- \ --. .l by concealing the earlier building permission, rr.spondent No.6 submitted another application on online under 'l'!l-bPr\SS vide application No.5l6l7/JAGL|0275l2o2l, dated l.l.)7.2021, and building pernrission was granted based on his s cl f--certifi cation. Even the said building permission was expired on 211.06.2024. It is further stated that respondent No.6, having not lonstructed the building as per the granted permissions, recently insralled a tin shed on the petitioner's land in Survey Nos. 45 l/l and 45 I '1. As such, the petitioner lodged complaint with respondent No.2 on 3L05.2024 stating that respondent No.6 has illegally constructecl a tin shed in the subject land. However, action has not been initiatr:d, as such, the petitioner is constrained to approach this Court

5. Leamed Standing Counsel tbr respondent N o.2 produced written instructions and submitted that based on the petitioner's complaint dated .l 1.05.2024, show cause notice dated l7.l(1 2024 was issued to respondent No.6 imposing penalty 1i'r unauthorized "Godowns and Other Business". Learned Standing Counsel further submitted that appropriate action rvill be taken on the petitioner's complaint dated 3 I .05.2024. 7 )

6. In view ol the aloresaid submissions, this writ petition is disposed of with a direction to respondent No.2 to consider the petitioner's complaint dated 31.05.2024, seeking removal of the tin shed allegedly constructed by respondent No.6 without any permission on the subject property bearing municipal House No.2- 7916lllA, Vijayapuri Locality, Jagtial Town and District, within a period of four (4) weeks from the date of receipt of a copy of this order by issuing prior notice to the petitioner and respondent No'6 and by affording opportunity of hearing to them. As order is passed without entering into the merits of the case, notice to respondent No'6 is dispensed with. However, if respondent No.6 is aggrieved by this order, he is at liberty to approach this Court seeking modification of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. ,TRUE COPY// SD/. A.H.S.GO\^{RI SHANKAR ASSISTAN\REGISTRAR r(-? SECTION OFFICER Town and District, Telangana'

1. The Principal Secretary, '4unicipal Admrnistration and Urban Development ' o.orttr"It. Secretariit Stite or Telangana. at Hyderabad ' , i;5U;;i"I""Li, J,gi'il;"';;'ip'l'iv:-orrice of tr'4unicipaloffice' Jagtiar S. the Oistrict Collector, Jaqtial District lelangana - 4. The Revenue Divisional 6tf]"*' j'gii'r Rev"enue Division' Jagtial District' s in" i"ri'.lOar Jagithyal l\'4andal, Jagtial-Town' Telanqana d iii, bCt" i; bP FoR'nrvENrue ui6h court ror the state of relangana at T Two CCs to GP FOR MCPL ADN/N AND URBAN DFVELOPMENT High ' d;rif";i; State of Telangana at Hvderabad [ouT] Hvderabad. [OUT] Telanoana. To e

8. One CC to SRI RAJASHEKAR THALLAPALLY, Advocate IOPUCI 9. One CC to SRI PUTTA KRISHNA REDDY, Advocate (C)F,UC ) 'l 0. Two CD Copies SA TKSw HIGH COURT DATED:2510912025 ORDER WP.No.29204 ot 2025 DISPOSING OF THE W.P WITHOUT COSTS. -t(d $r V- eii(15 a)C ,4'' :f 1rc S I .''{ <,'" t 2',1 il0l m tl\,'\i'\. Fsp^t Edr.t1 I