The High Court · 2025
Case Details
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 a writ, order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the 2nd respondent in issuing the impugned endorsement of rejection on File No.020547/MANK/ OO105|TABPl2O25 pertaining to the land admeasuring 202.31 Sq. Meters equivalenl lo 242 Sq. Yards (earlier H.No.2-351211) of Sy.No.1Bl, Puppalaguda Village, Gandipet lrilandal, Ranga Reddy District bounded by North: Road, South: Property belongs to Raghavendra Layout, East: Property belongs to Raghavendra Layout and West- Road of the petitioner, as illegal, arbitrary, violative of principles of natural .iustice and also violative of Articles 14,21 and 300-4 of Constitution of lndia and consequently set aside the same and further also direct the respondents 2 and 3 not to interfere into the residential building construction of the petitioner making at open land admeasuring 202.31 Sq. Meters equivalent to 242 Sq. Yards (earlier H.No.2-3512/1) of Sy.No.'181, Puppalaguda Village, Gandipet Mandal, Ranga Reddy District bounded by North: Road, South: Property belongs to Raghavendra Layout. East: Property belongs to Raghavendra Layout and West: Road. 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 CoLrrt may be pleased to suspend the impugned Endorsement of Rejection vide File No.020547/lrIANK/00105/ TABPt2025, issued by the 2nc respondent, pending disposal of writ petition. lA NO: 2 OF 2025 Petition under section 'l 51 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 not to interfere into the petitioner's construction of residential building at open land admeasuring 202.31 sq. Meters equivalent to 242 Sq. Yards (earlier H.No.2-351211) of Sy.No,'181, puppalaguda Village, Gandipet Mandal, Ranga Reddy District bounded by North: Road, South. property belongs to Raghavendra Layout, East : property belongs to Raghavendra Layout and west: Road commenced pursuant to the provisional Building permit order, vide File No.020547lMANK/00105/f ABPt2O2S, pending disposal of writ petition. Counsel for the Petitioner: MR. T. VASANTHA RAO Representing SRI KRISHNA KISHORE KOWURI Counsel for the Respondent No.1 : Gp FOR MCPL ADMN TJRBAN DEV Counsel for the Respondent No.2 & 3: MR KANCHANT LAXMAIAH, SC FOR MANIKONDA MUNICIPALITY The Court made the following: ORDER OTry HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.3tl457 OF 2025 ORDER: (oRAL) This writ petition is filed by the petitioner seeking to declare the impugned endorsement of rejection made by respondent No.2 on Fite No.020547/lr4ANK/00105/TABP/2025 pertaining ro the land admeasuring 242 square yards (earlier H.No.2-35/2ll) in Survey No. 18 I , Puppalaguda Village, Gandipet Mandal, Ranga Reddy District, as being illegal, arbitrary and unconstitutional
2. Heard Mr. T.Vasantha Rao, leamed counsel for the petitioner; Mr. Kanchani Laxmaiah, leamed Standing Counsel for Manikonda Municipality, appearing for respondents No.2 and 3; and perused the material on record.
3. The petitioner is the owner o[ the subject property admeasuring 242 square yards in Survey No.l8l, Puppalaguda Village, Gandipet Mandal, Ranga Reddy District. The then Gram Panchayat, Puppalaguda granted building permission to the previous owner of the subject property by name Ms. K.Krishnaveni on 23.03.2019 for construction of building and the subject property was assessed with property tax and H.No.2- 3512/l was allotted vde PTIN No.I261304034. The petitioner was 2 granted building permission vide file No.020547/MA NK/00 I 05/TABP/ 2025 dated, t0.10.2025 fbr construction of stilt + 2 Lrpper floors in the subject propertlr. The grievance of the petitioner is that while construction is in progress pursuant to the building permission, respondent No.2 endorsed on the provision building permission as rejected which was later informed to the petitioner by sub-ordinate staff of respondent No.2 and the petitioner was direr:ted to stop the construction activity in respect of the subject property. Leamed counsel submitted that the impugned endorsement made by respondent No.2 on the provisional building permit order is illegal an,i in violation of principles of natural justice. The petitioner was not given any prior notice nor any enquiry was conducted and the impugned endorsement was made by respondent No.2, as such the petitioner is constrained to approach this Court.
4. Learned Standing Counsel for respondents No.l and 3 submitted that appropriate action will be taken in accordance with law.
5. As the impugned endorsement of rejection is made by respondent No.2 without issuing prior notice to the petitioner and r.r'ithout conducting any enquiry which is in violation of principles of natural justice, this writ ( I I I I I l i I I I i l I i i t I i 3 petition TS allowed. Consequently, the impugned endorsement of rejection on the provision building perrnission issued to the petitioner is hereby set aside. Respondent No.2 is directed to issue fresh notice to the petitioner if there is any violation of the building permission or if the permission is obtained by the petitioner by indulging ln misrepresentation. It is made clear that any construction activity undertaken by the petitioner shall be subject to such exercise and enquiry. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition, stand closed. n s D/ -AH M E B fR3ru kLtll,f HiH G SECTION OFFICER I Ij //TRUE COPY// To, 1 2 3 4 5 6 7 The Principal Secretary' Municipal Administration, and,^Urban Development il;;'iffiIi s",etarrat staiJ'5r re':it"tffi ,HSi-'.Tr11 Ranga Reddy Thi: Commissioner, Manrkor ?,\.JT:*^ ptanning off icer, Manikonda Municipatity, Manikonda, Ranga F*lh'.";slsRils,t'i8fl,ft ',[?x,'#'f t..]8f; t?L?iy:lestateot 6".l3tSi3 L.*YTL* Two CD CoPies ro* I LA*MATAH' Advocate toPU cl " MMT BS HIGH COURT DATED:1211112025 CC TODAY ORDER WP.No.34457 ot 2025 oB 1r-iE S s () <) l! ifl ?0?5 1 : ,. iti':,i,i) ,.ii n,,i :iit" ')1. .4 ALLOWING THE WRIT PETITION WITHOUT COSTS