High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate writ, order or direction more particularly one in nature of WRIT OF MANDAMUS declaring the action of the Respondents herein in attempting to demolish the building of the Petitioner i.e House bearing no. 16- 74lAl1 , consisting of ground plus one upper floor constructed in an extent of 158.32 square yards out of 283 square yards in Survey No.253/A situated at Pentlavelly Road, Kollapur town and Mandal, Nagarkurnool District without considering the explanation dated 14-11-2024 given by the Petitioner to the show cause notice dated 13-11-2024 and without any further notice or the order as contemplated under the Telangana I\/ unicipa lities Act, 2019 as illegal, arbitrary, unfair, against the law and contrary to the provisions of Telangana Municipalities Act, 2019 and being the violation of Article 14,21 and 300-4 of the constitution of lndia. Consequently, direct the Respondents not to demolish the house bearing no. 1-6-741A11, consisting of ground plus one upper floor constructed in an extent of 158.32 square yards out of 283 square yards in Survey No.253/A situated at Pentlavelly Road, Kollapur town and Mandal, Nagarkumool District and interfere with the peaceful possession of the petitioner other than due process of law lA NO: 1 OF 2024 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 2nd Respondent and their sub ordinates not to demolish the house bearing no. 1-6-741N1, consisting of ground plus one upper floor constructed in an extent of 158.32 square yards out of 2g3 square yards in Survey No.253/A situated at Pentlavelly Road, Kollapur town and Mandal, Nagarkurnool District and interfere with the peaceful possession of the petitioner other than due process of law Counsel for the Petitioner: SRl. N. BHUJANGA RAO Counsel forthe Respondent No.1: Gp FOR MUNIC|PAL ADIIIINISTRATION AND URBAN DEVELOPUENT Counsel forthe Respondent No.2: SRI PUTTA KRISHNA REDDY (sc FoR MUNICIPALIT|ES TG) The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.35899 of 2o24 ORDER: Heard learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Sri Putta Krishna Reddy, learned Standing Counsel appearing for respondent No.2. Perused the record.

2. Petitioner herein is claiming that he is the absolute owner and possessor of house bearing No.l-6-74lAll of

158.32 Sq.yds 1n Sy.No.253/A situated at Pentlavelly road within respondent No.2-Municipality, on the strength of a registered sale deed bearing document No.2812 of 2011, dated 25.08.2011. He has obtained building permission dated 03.O3.2021 and letter of approval for commencement of work, dated 25.03.2027 from respondent No.2 for construction of residential houses consisting of ground+ 1 upper floor. Petitioner has IL.J L! P ri. l:al)g of 202 r 2 completed construction strictly in accordance with the building permission dated 03.O3.2O21 and letter o[ approval for commencement of work, dated 25.03.2021. EVen then, on the complaint lodged by the neighbours, respondent No.2 has issued show cause notice, dated

13.11.2024. Petitioner has submitted an explanation on

15.11.2024. Without considering the said explanation, respondent No.2 is trying to demolish the building. Aggrieved by the said action of respondent No.2, petitioner filed the present writ petition.

3. Whereas, Sri Putta Krishna Reddy, learned Stancling Counsel appearing for respondent No.2, on instructions, would submit that respondent No.2 received complaint, dated 20.O9.2024 stating that the petitioner made construction by encroaching into the road. 'lherelbre, respondent No.2 has issued notice, dated 13.11.2024 to the petitioner. Petitioner has submitted an explanation on 15. 1L.2O24. Respondent No.2 will consider the said explanation and take action strictly in accordance with 7 KL'J w f'.No 35899 of 202-l the procedure laid down under the Telangana Municipalities Act, 2019 (for short the Act' 2019') by putting the petitioner and complainant(s) on notice and affording them an opportunity of heartng' In the light of the said submission, this writ petition

4. is disPosed of in the absence of comPlainant(s)' I I

5. This writ petition is disposed of directing respondent No.2 to consider the explanation' dated l5'll'2o24 submitted by the petitioner to the notice' dated 13.11.2024 and take action strictly in accordance with the procedure laid down under the Act' 2Ol9 by putting on notice and affording the Petitioner and comPlainants He shall comPlete the them an oPPortunitY of hearing' said exercise within a period of four (4) weeks from the date of receiPt of a coPY of this order' Till then' respondent No'2 is directed not to proceed further pursuant to the notice , dated l3.ll'2)24' There shall be no order as to costs' ,- :, i1I kL.,| i! t' \o 3ji3()9 or 2(,21 4 As a sequel, miscellaneous petitions, if any, pending in the Writ pet.ition shall stand closed_ SD/.S. MALLIKARJUNA RAO ASSISTANT REGISTRAR //TRUE COPY// d SECTION OFFICER To,

1. The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, T.S.,Hyderabad.

2. The Commissioner, Kollapur Municipality, Kollapur, Nagarkumool District 3. Two CCs to GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT ,High Court for the State of Telangana, at Hyderabad [OUIJ 4. One CC to SRl. N. BHUJANGA RAO, Advocate [OPUC] 5. One CC to SRl. PUTTA KRISHNA REDDY, (SC FOR MUNICIPALITIES TG) toPUcl

6. Two CD Copies BM BS w i I I HIGH COURT DATED:0610112025 l4 e 1 G o o 2 0 JAN 205 v ? c. .L t D Es c \4 * ORDER WP.No.35899 of 2024 DISPOSING OF THE WRIT PETITION WTHOUT COSTS d t