The High Court · 2025

Smt. Kanidimalla Jyothi, W/o. Kandimalla Mallaiah, D/o. Late K. Sudharshan, aged about 55 years, Occ.Pvt. Employee, Rl/o. H. No. 5-2-178153, Ambedkar Nagar, Jangoan Town and Diskict 606167. ...RESPONDENTS Petition under Article 226 o'f lhe Constitution of lndia praying that in 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 writ of Mandamus declaring the action of the Resp,r rdent Nos.4 and 5 in demolishing the house of the Petitioners on 1 1.12.2024,

14.12.2024 and on

15.12.2024 over the house bearing No. 12-1-108, situatel at Pinnavari Street, Warangal vide proceedings proceedings in File No. E-2 ( 4333/GWIt/C/TP/Cir- 112024 Dt. 10.12.2024 on the ground that they received repr l ;entation from S ri. K. Sudharshan S/o. Late Ramaiah on 20.11.2024 to demolir h the house of the Petitioner in view of the orders passed by this Hon'blr: Court in W.P- No. 3043612024 whereas the said Srr. K. Sudershan S/o. Late Ramaiah expired on

30.10.2024, moreover the action of the Respondent No. 3 ir ritiating proceed ings vide Notice No. 4llTPlCri. No.1/W.No. 28lDilptd Bll rs/GWMC/2024, dt

28.06.2024 and coming to conclusion that the Petitioners hoL ;e bearing No. '1 2-1- 108, situated at Pinnavari Street, Warangal, is in dilapiclzrl )d condition without there being no structural stability test being conducted, is llegal, arbitrary and violations of the fundamental right of life and liberty guararrl )ed under Article 21 and consequently set-aside the proceedings of the Responde rt No.4 vide File No E-294333/GWMCfiPlctil2o24 Dt. 10 12.2024 and the Respondent No. 3 vide Notice No. 41fiPlCri. N| rroceedings of the .1/W.No. 28lDilptd Bldgs/GWMC/2024, dl. 28.06.2024 and direct the Respon,J rnt Nos.4 and 5 to restore the demolished portion of the house of the Petitiorr r bearing No. 12-1- 't 08, situated at Pinnavari Street, Warangal, in the interest o' ustice in the interest of justice. lA NO:1 OF 2024 Petition under Section 151 CPC praying that in the r;i-r umstances stated in the affidavit filed in support of the petition, the High Court m:r, be pleased pleased to direct the Respondent Nos, 3 to 5 not to evict the Petitic r er and interfere into the civil disputes over the Petitioners house bearing No. 1 2-1 -109, situated at Pinnavari Street, warangal and direct the Respondent No-4 to forthwith restore the demolished portion of the house of the petitioners bearing No. 12-1-108, situated at Pinnavari Street, warangal, in the interest of justice in the interest of justice and Counsel for the Petitioner:SRt R. DHEERAJ STNGH Counsel for the Respondent No 1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondents No 2 To 4: SRI PASHAM MOHIT, SC FOR GWMC Counsel for the Respondent No 5: GP FOR HOME Counsel for the Respondents No 6 & 7: SRI PRAVEEN BANKURI Counsel for the Respondents No 8: -- The Court made the following: ORDER t-) lN THE HIGH COURT FOR THE STATE OF Tl: -ANGANA . AT HYDERABAD HONOURABLE SRIJUSTICE B. VIJAYSEII REDDY WRIT PETITION No.35383 OF 202,1 DAfE:.18-12-2025 Between: Pokala Ramu AND The State of Telangana, rep. by its Pdncipal Secretary, Municipal Administration Development, Secretariat Building, Tank bund, Hyderabad, and seven others. ORDER:(ORAL) Petitioner Respondents Heard Mr. R. Dheeraj Singh, learned counsel tr r the petitioner; Mr. Pasham Mohit, learned Standing Counsel for (i eater Warangal Municipal Corporation (GWMC), appearing for respor lent Nos.2 to 4; and Mr. Praveen Bankuri, learned counsel for rer pondent Nos.6 and 7.

2. The grievance of the petitioner is that the fath rr of respondent Nos.6 and 7, Lale Mr. Kambampati Sudershan, clainti rg himself to be owner of the house bearing No.12-1-108 situated at I innavari Street, Warangal Town, gave a fdsq representation to res: tndent No.2 on )

22.06.2024 alleging that the said house is in dilapidated condition and requested to demolish the same. That acting upon the said representation, respondent No.2 got affixed notice No.41ffPl Cir.No. I/W.No.2BlDilptd.BIdg sl GtN MC|2O24 dated 28.06.2024 on the house calling upon the occupier of the house to vacate the same within seven days.

3. lt is stated that the petitioner is in possession of the subject house. Mr. Kambampati Sudershan did not respond to the notice. The petitioner got issued the legal notice to respondent No.2 claiming that he is in possession of the subject house. ln the meanwhile, Mr. Kambampati Sudershan filed W.P.No.30436 of 2024 alleging that the Station House Officer, P.S.Matwada, Warangal, is not providing police-aid to the Municipal Corporation, Warangal, to demolish the old structures of the subject house. Order dated 30.10.2024 was passed in the said writ petition granting liberty to the petitioner therein - Mr. Kambampati Sudershan to make a request to respondent No.2 to depute a person, mentioning the time and date of demolition, and also submit a representation to respondent No.4 for police-aid, at the time of demolition. lt is stated that Mr. Kambampati Sudershan expired on 30.10.2024, the date on which the order wal passed in W.P.No.30436 of 2024. i i 3

4. Learned counsel for the petitioner subrn tted that when Mr. Kambampati Sudershan died on 30.10.2024, by forging his signature, his family members have submitted re :resentation on

20.11.2024 requesting for police-aid. lt is submitted that representation was to be given within one week ar; directed by this Court by order dated 30.10.2024. No extension wzu granted by this Court. However, the representation dated 20.1 1 .2O1'., was submitted The legal notice dated 03.07.2024 got issued by he petitioner to respondent No.2 was not acted upon. On '1.12.2024 and

14.12.2024, the Municipal authorities came to the sl rject house and started demolition without notice to the petitioner. 3n enquiry, the petitioner came to know that the order dated 30.10.,2 )24 was passed in W.P.No.30436 ot 2024. The petitloner filed W.A l1o.1395 of 2024 challenging the order of the learned Single Judge fhe writ appeal was disposed of by order dated 13.12.2024 by givir g opportunity to the petitioner to file review application or challengLr the order in a separate writ petition

5. lt is submitted that taking advantage of he order dated

13.12.2024 in W.A.No.1395 ot 2024, respondent Nr s.4 and 5 have demolished the subject house on 15.12.2024. t\ ;cording to the learned counsel for the petitioner, still there are r tructures in the subject property and the petitioner is in possessir n of the same. 4 Respondent Nos.3 to 5, at the instance of respondent Nos.6 to 8, are trying to evict the petitioner from the subject house.

6. Learned counsel for the petitioner submitted that Mr- Kambampati Sudershan was never in possession of the subject property. The petitioner had been in possession of the property since his childhood. ln fact, the mother of the petitioner, Smt. Pokala Jayalaxmi, was also in possession of the property until her death Mr. Kambampati Sudershan filed a suit in O.S.No.2498 o'f 2023 on the file of XIX Junior Civil Judge, City Civil Court at Hyderabad, to declare him as the legal heir of Late Smt. Ravva Chandikamba, who is recorded as owner of the subject property by the Warangal Municipal Corporation. The suit was decreed by judgment dated

15.O9.2023. Mr. Kambampati Sudershan obtained decree behind the back of the petitioner. Challenging the said decree, the brother of the petitioner, Mr. Pokala Venu Gopal, filed appeal in ASSR.No.25439 of 2024 on the file of the Chief Judge, City Civil Court at Hyderabad, which is pending. lt is further stated that on the strength of the decree dated'15.09.2023 in O.S.No.2498 of 2023, Mr. Kambampati Sudershan obtained mutation of the house on his name. The petitioner filed objections before the Warangal Municipal Corporation and proceedings were initiated vide Roc.No.E- 14'l 567/GWMCfiaxlCir-ll2O24 and the same are pending. g 3 . i I 5

7. Learned counsel for respondent Nos.6 anrl 7 submitted that in O.S.No.'1542 of 20OG on the file of V-Additional - r nior Civil Judge, Warangal, filed by the mother of the petitione ', Smt. Pokala Jayalaxmi, a false claim was made by her that she, I >ing the adopted daughter of the owner of the property Smt. Ravva )handikamba, is the legal heir of the said owner. The suit w a ; contested by Mr. Kambampati Sudershan and it was dismisse<l vrde judgement dated 16.09.2015. The mother of the petitioner pr= 'erred appeal in A.S.No.93 of 2015 in the Court of the principcrl District Judge, Warangal, and the same was dismissed by rdgment dated

19.04.2018. Thereafter, second appeal in SASR.NT .42542 of 2018 was filed before this Court and the same was dismisi :d for default on

27.03.2023. B. Learned counsel for the petitioner submitted J at application in l.A.No.3 ol 2024 was filed in SASR.No.42342 o,f 2Ol I for restoration ofthe second appeal and the same is pending.

9. Learned Standing Counsel for respondrt rt Nos.2 to 4 submitted that Mr. Kambampati Sudershan was recor led as owner of the subject property after the death of Smt. Ravva Ci.r rndikamba, and based on his representation, enquiry was conducted I nd it was found that the structures in the subject property are in lilapidated and I l I I I :l .1 :). 'I I 6 dangerous condition, as such, notice was issued for vacating the property so that demolition can be carried out. Pursuant to the order dated 30.10.2024 passed by this Court in W.P.No.30436 ot 2024, police-aid was granted and demolition was undertaken

10. lt is contended by learned counsel for respondent Nos.6 and 7 that entire subject building was demolished '1 1. However, learned counsel for the petitioner submitted that entire building was not demolished, but only a portion of it was demolished,

12. The main grievance of the petitioner is that the impugned proceedings have been issued without notice to him and without considering his objections through legal notice daled O3.07.2024. lnterim order dated 16.12.2024 was passed by this Court and the same has been extended from time to time. In the circumstances, this Court is of the opinion that ends of justice would be met if the petitioner is granted liberty to submit objections to the impugned demolition notices.

13. Accordingly, this writ petition is disposed of granting liberty to the petitioner to file objections to the proceedings in File No.E- 294333/GWM Ctl P I Cir-ll 2024 dated 1 O.1 2.2024 and notice No.4 1 /TP/ Cir.No. ltVV. No.28/Dilptd Blds/GWMC/2024 dated 28.06.2024, within a l 7 period of ten (10) days from the date of receipt of a < opy of this order. Thereafter, within fifteen (15) days, respondent N: 2 shall consider the same and pass orders in accordance with lavi by affording an opportunity of hearing to the petitioner and respo.ri rnt Nos.6 and 7. lnterim order dated 16.12.2024 passed by this Cotr t and which has been extended from time to time, shall continur: until enquiry is concluded. Further action of respondent No.2 shall te subject to the result of enquiry. No order as to costs. As a sequel thereto, miscellaneous petitions, i any pending in this writ petition, shall stand closed. S ] '.P. PONNA KRISHNA AIi ;ISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Principal Secretary, Municipal Administration Deve Telangana, Secretariat Building, Tank bund, Hyderab;r 2. The Municipal Commissioner,, Greater Warangal Muni Warangal District, T.G.

3. Asst. City Planner,, Kasibugga Circle-|, GWMC, Wara.r 4. The Dy. Commissioner,, Kasibugga Circle-|, Greater Vrl Corporation, Warangal.

5. The Station House Officer, P.S. Matwada, Warangal tr 6. One CC to SRl. R. DHEERAJ SINGH, Advocate [Opt 7. Two CCs to GP FOR MCPL ADMN URBAN DEV,Hicrt Telangana at Hyderabad . [OUT]

8. One CC to SRI PASHAM IV|OHIT, SC FOR GWMC, [Op - 9. Two CCs to GP FOR HOME, High Court for the State Hyderabad. [OUT] opment , State of ipal Corporatton, yal District, T.G. lrangal Municipal ;trict, T.G. Court for the State of ,f Telangana at d

10. One CC to SRI PRAVEEN BANKURT , Advocate [OPU( 11. Two CD Copies t I ;a / HIGH COURT DATED:1811212025 ORDER ! Hl: S TA o iJ "rC '7 (,) {-'; ,/;' WP.No.35383 of 2024 ) ')F^ ::l:-':. :.,rJ C DISPOSING OF THE WRIT PETITION WITHOUT COSTS ol\*