High Court · 2025

Sri. Gandrathi Hindu, S/o G. Ramnarayana. Aged.43 years, Occ. Business, Fl/o. H.no. 16-3-870, Fort Road Warangal, Telangana. Thota Nageshwar Rao, S/o T. Babu, Aged.40 years. Occ. Business, R/o. H. no. 8-5-249, Thotlawada, Kareemabad, Warangal, Telangana ...RESPONDENTS Petition under Article 22$ of Ihe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ order or direction rnore particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondent No.2 in considering the petitioner's repeated representations - particularly the representation dated 25.08.2025 - seeking reinstatement of House No. 23-6-'1 2519/3, which was earlier kept in abeyance in respect of land admeasuring 459.25 Sq. Yards in Survey No. 1 6B/C, Shayampet Jagir, 31st Division of Greater Warangal Municipal Corporation (GWMC), Hanumakonda (including two rooms situated therein), as illegal, arbitrary, and violative of Articles 14 and 300-4 of the Constitution of lndia and consequently, direct Respondent No.2 to forthwith reinstate House No. 23-6- r!@-- 1251913 in favour of the petitioner, and take all consequential steps in accordance with law and pass such other or further orders as this Honourable Court may deem fit and proper in the interest of justice and equity. pending disposal of the above writ petition. lA NO: 1 OF 2025 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 pleased to direct the Respondent No. 2 to consider and dispose of the petitioner's representation dated 25.08.2025, seeking reinstatement of House No. 23-6- 1251913 (earlier kept in abeyance) in respect of land measuring 459.25 Sq. Yards in Survey No. 168/C, Shayampet Jagir, 31st Division of Greater Warangal Municipal Corporation (GWMC), Hanumakonda, which includes two rooms on the said land, pending disposal of the present Writ Petition, and pass such other or fu(her orde(s) as this Hon'ble Court may deem fit and proper in the interest of the justice. Counsel for the Petitioner : SRI AMRUTH RAO JOOKANTI Counsel for the Respondent No.'l : GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2 : SRI PASHAM MOHIT, SC FOR GWMC Counsel for the Respondent No.3&4 : The Court made the following: ORDER THE HONOURABLE SRI JUSTICE B. YIJAYSEN REDDY WRIT PETITION N 3119 s oF 2025 ORDER: (ORAL) The writ petition is fited by the petitioner seeking to declare the action of respondent No.2 in not considering her representation dared 25.08.2025 seeking reinstatement of the H'No'23-6-1251913 which was earlier kept in abeyance in respect of the land admeasuring 459.25 square yards in Survey No'168/C situated at Shayampet Jagir, 3l$ Division of Greater Warangal Municipal Corporation (GWMC), Hanumakonda District' as being illegal and arbitrary.

2. Heard Mr. Amruth Rao Jookanti, leamed counsel for the petitloner, and Mr. Pasham Mohith, leamed standing counsel for the GWMC, appearing for respondent No'2'

3. The case of the petitioner is that she is absolute owner and possessor of the land admeasuring 459'25 square yards in Survey No. 168/C situated at Shayampet Jagir, Hanumakonda' The property consists of two (2) rooms and respondent No'2 has allotted H.No.23-6-125/913. The petitioner purchased the property 2 from the previous owner, Mr. V. Basvaraju, under three (3) registered sale deeds in the years 2019 and 2022, ndsince then the petitioner had been in possession and enjoyment of the property without any interference from the third parties. .4. While so, on 17.05.2022 respondent No.2 issued show_cause notice vide RoC.No..A2ll716l/2022 stating that Mrs. M. Jhansi submitted objecrion lbr cancellation of house number allotted to the petitioner. The petitioner was directed to submit explanation within a period of seven (7) days. In compliance of the same, the petitioner submitted detaited explanation along with copies of registered sale deeds and supporting documents. Subsequently, respondent No.2 issued intimation letter dated 16.06.2022 stating that as there u,as dispure over rhe H.No.23-6-125l9/3, the matter would be kept in abeyance with a direction to both the parties to approach competenr Civil Court for adjudication of title and possession over the subject property.

5. It is stated that in the meanwhile, respondent Nos.3 and 4 filed a suit in O.S. No.3l9l of 2022 before the leamed I Addl. 3 Junior Civil Judge, Hanumakonda, seeking permanent injunction against the petitioner and others in respect ofthe subject property Initially, ad-interim injunction order was granted and subsequently it was vacated. In the year 2022, respondent Nos.3 and 4 plaintiffs filed a memo not pressing the suit. Accordingly, the suit was dismissed as not pressed.

6. It is submitted that during this time respondent Nos.3 and 4 approached respondent No.2 and submitted forged and fake documents, and managed to obtain permission on 14.07.2022 by suppressing the intimation letter dated 16.M.2022. Upon representation of the petitioner, respondent No.2 conducted enquiry and issued proceedings vr'de RoC.No.E- I 3 55 S3/GWMC lTP I Cir -lIU 2023 dated 06.06.2023 cancelling the permission granted in favour of respondent Nos.3 and 4. The cancellation order of respondent No.2 was challenged by respondent Nos.3 and 4 before this Court in W.P. No. 17378 of 2023, which was disposed of by this Court, without going into the merits, with a liberty to avail statutory appeal under Section 252 of the Telangana Municipalities Act 20 19. Thereafter, responderif Nos.3 and 4 hled an appeal before 4 the Regional Joint Director-cum-Appellate Commissioner of Municipal Administration Warangal. After hearing both the parties, the appellate authority dismissed the appeal confirming the cancellation order dated 06.062023.

7. It is submiued that after dismissal of the appeal and withdrawal of suit in O.S. No.3 191 of 2022, the petitioner submitted several representations dated 07.08.2025 and 11.08.2025 requesting respondent No.2 to reinstate H.No.23-6-1251913 inher favour. Pursuant thereto, respondent No.2 issued notice vide RoC.E.No.3 14116 dated 02.09.2025 calling both the parties for hearing on 04.09.2025 along with title and link documents. On the said date the petitioner appeared and submitted all relevant documents including the certified copy of withdrawal of suit in O.S. No.3 191 of 2022. However, no action has been taken, as such, the petitioner is constrained to approach this Court.

8. Learned standing counsel lor respondent No.2 submitted that respondent No.2 will consider the representation of the petitioner 5 dated 25.08.2025 and pass appropriate orders, in accordance with law.

9. In view of the above, the writ petition is disposed of, directing respondent No.2 to consider the representation of the petitioner dated 25.08.2025 seeking reinstatement of the H.No.23- 6-125/9/3 which was earlier kept in abeyance in respect of the land admeasuring 459.25 square yards in Survey No.l68/C situated at Shayampet Jagir, 31" Division of Greater Warangal Municipat Corporation (GWMC), Hanumakonda Distric! and pass orders, by issuing notice to the petitioner and respondent No.4, by affording opportunity of hearing to them, within a period of four (4) weeks from the date of receipt of a copy 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. SD/. T. SRINIVASA REDDY SISTANT REG]STRAR //TRUE COPY// SECTION OFFICER To, 1 The Principal Secretary Department of Municip Ad inistration and Urban Development, Secretari at, Telangana State Hyd d. a

2. The Commissioner, Greater Warangal Municipal Corporation, Office at Warangal Town.

3. One CC to SRI AMRUTH RAO JOOKANTI, Advocate. [OPUC] 4. Two CCs to GP FOR MCPL ADMN URBAN DEV, High Court for the State of Telangana. [OUT] I

5. One CC to SRI PASHAM MOHIT, SC for Greater Warangal Municipal Corporation. [OPUC]

6. Two CD Copies. BSK PVL w HIGH COURT \ DATED:1311112025 r. ( i 1 tIL S ?fl?F * ORDER WP.No.31195 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS c\ .o@ X"'