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 an order or direction more parti-cularly one in the nature of writ of-Mandamus declaring the action of the 2 respondent in issuing the impugned notice dated 11-03-2015 vide proceedings No' G1/BA/98/1314/NGKLI2O14' proceedingsNo.GltBNggll3lS/NGKLt2ol4,proceedingsNo.Gl IBN10O/1316/NGKL/20 14 and proceedings No' G1/BA/1 0111317/ NGKL/2014 seeking cancellation of permission Nos. 98, 99, 100 and 101 and in directing the petitioners to stop the construction over the land in Sy. No' 332, which iS covered by the decree passed in O.S. No. 7/2003 on the file of Senior Civil Judge' Nagarkurnool, though the petitioners have obtained construction permission vide permit No. 98, 99, 100 and 101 dated 15-09-2014 as granted by the 2 t. l respondent, as illegal, unlavvful, contrary to law and against Section 344 (6) of A.P. Municipalities Act, 1965 and consequently direct the 2 respondent to consider the documents and explanation submitted by the petitioners to withdraw the impugned notice and in the meanwhile the respondents shall not interfere with the construction of the petitioners over the above property, and pass such other order or orders which are necessary in the interest ofjustice. OF 1 MP. NO: Petition 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 issue interim order directing 2nd and 3rd respondents not to interfere with the , construction .of -the petltioners in and over the open plot in Sy. No. 332, as per the building permission granted by the 2nd respondent vide permit No. 98, 99, 100 & 101, dated 15-09-2014, pending disposal of main Writ Petition. I.A. N P. NO oF 2015) The Depot Manager, RTC Bus Depot, Nagarkurnool, Mahabubnagar District. AND 1 2 Y. Chippa-Sangappa S/o. Ramappa, aged about 60 years, Occ Tailor, Rl/o. H. - Village and 'Mandal, No. 4-19, Hanuman Temple, Nagarkurnool Mahabubnagar District. Lalitha Wo. Late Chinna Bhaskar Y. Chippa Household, Rl/o. H. No. 4-24, Hanuman Tem Mandal, Mahabubnagar District. years, Occ Village and about 31 ple,

3. The State of Telangana, Rep. by Secretariai, 'Admiriistraticjn'Ddpdrtment, its Principal Hyderabad. Secretary, Municipal

4. The Commissioner, Nagarapanchayat, Nagarkumool, Mahabubnagar District. l PONDENTS Petition 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 vacate the interim order dated 17-06-2015 passed in WPMP No. 22385 ot 2O15 in WP No. 17278 of 2015. i I { ilI l.A. NO: 2 OF 201S(WVMP. NO: 2471 OF 2015) Between: The Commissioner, Nagarapanchayat, Nagarkumool, Mahabubnagar District. AND

1. Y. Chippa Sangappa S/o. No. 4-19, Hanuman Mahabubnagar District. Bamappa, aged about 60 years, Occ Tailor, R/o. H. Temple, Nagarkurnool Village and Mandal, ...PETITIONERS 2 y. cnqop.a. L-alitha wo. Late chinna Bhaskar, aged about 31 years, !-l-ous.e!o_td, R/o. H. No._4-24, Hanuman Tempte,-Nagirkuinooi Vittage Mandal, Mahabubnagar District. 3. The State of relangana, R"q. .by . its. principal secretary, Municipal Adm in istrati on Departm ent, Secrdtaria[, Hyderabad . Occ "4. Jhe Depot Manager, RTC Bus Depot, Nagarkurnool, Mahabubnagar District. Petition 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 vacate the interim order dated 17.06.2015 in w.p.M.p.No. 223gs of 2015 in W.P.No.17278 of 2015. ...RESPONDENTS Gounsel for the Petitioners: SRt M.DAMODAR REDDY counsel for the Respondent No.1: Gp FoR McpL ADMN & URBAN DEV counselfor the Respondent No.i: sRl purrA KRISHNA REDDY, SC FOR MCPL counset for the Respondent No.3: sRl R.ANURAG, sc FoR TGSRTG The Colrtmade the following: ORDER I t HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WP.No.17278 of 2015 ORDER: This Writ Petition is filed seeking the following substantive relief: "... to issue an order or direction more parttcularly one in the nature of writ of Mandantus declaring the action of respondent No.2 in issuing the impttgned notice dated 11.03.2015 vide proceedings No.Gl/BA/98/1314/ NGKL/2114, proceedings No.GI/BA/99/1315/ NGKL/ 2014, proceedings No.Gl /BA/100/13 l6/NGKL/2014 and proceedings No.G l/BA/l0l/l 3 l7/NGKL/201 4, seeking cancellation of permission Nos.98,99, 100 ond 101 and in directing the petitioners to stop the construction over the land in Sy.No.332 which /s covered by the decree passed in OS.No.7/2003 on the file of Sentor Civil Judge Nagorkurnool though the petitioners have obtained construction permission vide permtt Nos.98, 99, 100 and l0l dated 15.09.2014 as granted by the 2 respondent as illegol, unlawful, contrary to law and against Section 344 (6) of A P Municipalities Act 1965 and consequently, to direct respondent No.2 to constder the documents ond explanation submttted by the petitioners to withdraw the \ impugned notice ancl in the meanwhile the respondents shall not tnterfere with the construction of the petitioners over the obove property. " I I \ a 2 LNA, J llP.No.I7278 of 20t S \ ..i 2- Sri M.Damodar Reddy, learned counsel for the petitioners, Sri Putta Krishna Reddy, learned Standing counsel for Municipalities appearing for respondent Nos. r and 2 a,d Sri R.Anurag, learned Standing counsel for TSRTC appearing for respondent No.3 are present. 3. Learned counsel for the petitioners submitted that the petitioners filed a suit in oS.No.7 of 2023 on the tile of senior civil Judge, Nagarkurnoor and the.samc r.vas decreecr. Aggrieved by the san'le, respondent No.3 prererred appear before the first Appellate court and the sanle was disrnissed. challenging the same' respondent No.3 filed Second Appeal-SA.No.74 of 2024 betbre this court, wherein interim suspension was gra*ted and the sa-id second Appeal is pending acljudicatio'. Leamed counsel, therefore, subrnitted that in view of the same, the petitioners seek to withdraw the presenr writ petition with liberty to work out remedies in accordance with law, subject to the result of the aforesaid Second Appeal.

4. Permission accorded and accordingry, trre writ petition is dismissed as withdrawn with Ii ber"ty to the petitioners to work out , To, I J LNA, J tltP-No.17278 of 2015 their remedies in accordance with law subject to the result of the aforesaid Second Appeal

5. Miscellaneous petitions pending, if any, shall stand closed. No costs //TRUE COPY// D/- Ahmed Abdutlah Khan ASSISTANT RF€ISTRAR seqffioFFtcER

1. One CC to SRI M.DAMODAR REDDY, Advocate tOpUCl 2. one cc to SRI PUTTA KRISHNA REDDY, sc FoR MCPL topucl 3, One CC to SRI R.ANURAG, SC FOR TGSRTC IOPUCI 4. Two CCs to GP FOR MCPL ADMN & URBAN DEV, High Court for the State of Telangana at Hyderabad IOUTJ

5. Two CD Copies BSR TJ PnnC.. I ) i I I I i i I HIGH COURT DATED:0210912025 ORDER WP.No.17278 ot 2015 t t "f HE S7A O g JAN til b l ,/ a;).I i ,'51 DISMISSING THE WRIT PETITION AS WITHDRAWN, WITHOUT COSTS a\r l>e