Smt. Nimmala Kalpana v. 1. The State of Telangana

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 direct the Respondents 2 and 3 to consider the representation of the petitioner dated 10.10.2025, pending disposal of the above writ petition, in the interest of justice. Counsel for the Petitioner: SRI G.ARUN KUMAR counselfor the Respondent No.1: Gp FoR McpL ADMN & URBAN DEV counsel for the Respondent Nos.2 & 3: sRt purrA KRISHNA nebov, ic FoR Counsel for the Respondent No.4: - The Court made the foilowing: ORDER MPCL 't HONOURABLE SRI IUSTICE B. VIIAYSEN REDDY WRIT PETITION No.31 794 oF 2025 ORDER: (ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondents No.2 and 3 in not considering her representation dated 10.10.2025 regarding the unauthorized construction being made by respondentNo.4byencroachinguponherproperfybearingPlotNo.l3l, admeasuring 100 square yards, situated at Nizampet village and Municipat corporation, Bachupally Mandal, Medchal-Malkajgiri District, as being illegal, arbitrary and unconstitutional' z. Heard Mr. G.Arun Kumar, leamed counsel for the petitioner; Mr. Putta Krishna Reddy, learned counsel for respondents No'2 and 3; and perused the material on record' J

3.Thepetitionerclaimstobetheownerofthesubjectproperty bearing Ptot No.131, admeasuring 100 square yards, situated at Nizampet village and Municipal corporation, Bachupally Mandal, Medchal- Malkajgiri District, having purchased the same under registered sale deed bearing document No.23044 of 2021 dated L6'08'2021' The petitioner applied for building permission under the Telangana State Building Permission Approval and Self certification System (TS-bPASS) Act' 2 2020 dated 18.05.2022 for construction of ground * I floor in respect of the subject property and she was granted building permiss ion vide lefter of approval for commencement of work dated 02.06.2022. However, respondent No.4, who is the neighbour of the petitioner, started constructing Villas in deviation of the sanctioned plan by encroaching the road margin including the subject property. Learned counsel for the petitioner submitted that the petitioner filed suit in O.S. No.493 of 2022 before the learned Principal Junior civil Judge, Medchal against respondent No.4 for perpetual injunction and the same is pending. The petitioner submitted representation dated 10.10.2025 to respondent No.2 to take action against respondent No.4 for illegally constructing compound wall by encroaching the subject land of the petitioner. The grievance of the petitioner is that so far her representation has not been acted upon, as such, she was constrained to approach this court. 4' Learned Standing counsel for respondents No.2 and 3 submitted that the petitioner was granted building permission in 2022 which gct lapsed. That after rapse of three (3) years of the building permission, the petitioner approached this Court seeking for disposal of her representation. It appears there is a civil dispute pending between the / / 1;.", I . ,l,,. .1., I ) J petitioner and respondent No.4. Learned Standing counset submitted that respondent No.2 does not have jurisdiction to decide the title and boundarydisputes.Inanycase,thepetitionerhasfiledthesuitin O.S. No.4 93 of 2022, as such' the writ petition lacks merits' I t

5.However,consideringthatthepetitionersubmittedrepresentation datedl0.l0.205allegingthatrespondentNo.4hasencroachedthepubtic I I roadincludingthesubjectpropertybearingPlotNo.l3[,admeasuring 100 square yards, situated at Nizampet Village and Municipal Corporation,BachupaltyM4ndal,Medchal-MalkajgiriDistrict,thiswrit petitionisdispose{ofdirectingrespondentNo.2toconsiderthe representation of the petitio.rer dated 10.10'025 regarding the unauthorized construction being made bY resPondent No'4 bY encroaching upon the subject property, by giving opportunity of hearing to the petitionei and respondent No.4, and pass appropriate orders in of four (4) weeks from the date of accordance with [aw, within a period 0 receipt of a coPY of this order'

6.Astheorderispassedwithoutenteringintothemeritsofthecase, noticetorespondentNo.4isdispensedwith.However,ifrespondent No.4is,inanyway,aggrievedbythisorder,sheisatlibertytoapproach 4 .l 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 this writ petition, stand closed. s T AN -c ER T DEEPIKA GISTRAR cE T S No Fo F REc I 1' i\ \ //TRUE COPY// The Principal Secretary, Municipal Administration qnp Urban Development Department, Secretariat, Hyderabad, State ol lela^gana' . ih'5tom;G"6nei, t tizamper trlunicipal Corporation,-old^Gram Panchayat onLe Frioattri Na6ar, Medchal-Malkaigiri District - 500090' Nizampet Municipal Corporation, old G ram ih! id*"-ai'nnind pii"n"rliO?iLe Fraqathi i',lasar, MedchaFMalkaigiri Diskict - 500090' one ci to sRl G.ARUN KUMAR, Advocate [oPUC] il; dcri;ci-rbn ucpt- noMN a uRanl'l DEV, Hish court for the state 8"l"$iaEni X'J.oo", sc FoR MpcL ropucl -oincer, Two CD Copies To 1 2 3 4 5

6. 7. PSK. PMK , HIGH COURT DATED:2311012025 ORDER WP.No.31794 ot 2025 1HE S ( 1o lol 6 z o { PATCHEo + o I t DISPOSING OF THE WRIT PETITION WITHOUT COSTS q0 d-