Smt. Guguloth Lalitha v. 1. The Govemment of Telangana

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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare impugned in-action of the 3rd respondent in taking steps and pass appropriate proceedings regularizing building construction duely allotting door number in the Sy.no. 1 B2l4l'll1 /2 of Anantharam Village in pursuant to representation dt.24.1O.2024, as illegal arbitrary, in in violation of Constitution rights and consequently direct 3rd respondent to take all those immediate necessary steps as warranted and to appropriate proceedings regularizing building construction duely allotting door number in the Sy.no.182l4h l112 of Anantharam Village, Mahabubabad District. l.A.NO:'l 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 ma! be pleased to direct the 3rd respondent to take all those immediate necessary steps and to pass appropriate proceedings regularizing building construction l2-113.1otting door number in the Sy.no.182l4l11112 of Anantharam Village, Mahabubabad District, duely disposing off the representation dt.24.10.2024 without any further loss of time, pending disposal of writ petition. Counsel for the Petitioner : SRI K.RAM REDDY Counsel for the Respondent Nos.1 & 2 : GP FOR MCPL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No.3 : SRI PUTTA KRISHNA REDDY Counsel for the Respondent No.4 : G.P FOR REVENUE The Court made the following OROER l I HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION NO.36303 OF2024 ORDER:(ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondent No.3 the Commissioner, Mahabubabad Municipality, in not taking steps in passing appropriate proceedings for building regularization pursuant to the representation dated

24.10.2024, as being illegal, arbitrary and unconstitutional.

2. The case of the petitioner is that her husband owned a land admeasuring Ac.0-0350 guntas in Suruey No.l82l4lllll2, situated at Anantharam Village, Mahabubabad Mandal and District having purchased the same under registered sale deed dated 11.04.2022. 'fhe name of the petitioner's husband was mutated in the revenue records and he was also issued pattadar pass book vide l<hata No.60309 in respect of the above said land. It is stated that the husband of the petitioner gifted the said land to the petitioner under registered gift deed bearing document No.5426 of 2022 dated 02.05.2022. The petitioner had been paying NALA tax by e-challan .&^ {' No.NPM2200053226 in respect of the above said land. I 2 \

3. Learned counsel for the petitioner submitted that petitioner approached respondent No.3 seeking building permission and in fact, respondent No.3 issued instant approv al vide letter of commencement of work dated 13.06.2022. However, subsequently, shor,r. cause notice dated, 04.07.2022 was issued to the petitioner to cancel the approval granted to her on the basis of the representation dated 29.06.2022that there is a mismatch of survey number and boundaries of the site. It is further submitred that the petitioner filed W.p. No.29rl40 of 2022 challenging the show cause notice dated. 04.07.2022 and the same was disposed of b1, the order dated 13.07.2022 directing the respondent authorities to conduct physical enquiry and survey of the land within a period of six (6) weeks from the date of receipt of copy of the order and further, the respondent authorities are directed not to interfere with the construction activity of the petitioner. It is submitted that pursuant to the above order passed by this Court, respondent No.4 - the Tahasilar, Mahabubabad Mandal, conducted survey of the subject land and submittqd suffey report dated,23.07.2024 stattng that the subject land of the petitioner admeasuring 400 square yards and the house constructed is within the boundaries of Survey No. 182 as duly indicated in the location map. It is submitted that after receipt of the I i I l J sufl/ey report, the petitioner approached respondent No.3 Commissioner, Mahabubabad Municipality, and submitted representation dated 24.10.2024 with a request to regularize the building and to allot door number. Even after lapse of two (2) monthS, t I the respondents did not consider the said representation, as such the petitioner is put to irreparable loss.

4. Heard Mr. K. Ram Reddy, learned counsel for the petitioner; and Mr. Putta Krishna Reddy, leamed Standing Counsel for respondent No.3 Municipality and perused the material on record.

5. In view of the above facts and circumstances, considering that the petitioner has approached this Court for innocuous relief, without entering into the merits of the case, this writ petition is disposed of directing respondent No.3 to consider the representation of the petitioner d^ted. 24.10.2024 seeking regularization of the building constructed in the land admeasuring 400 square yards in Survey No.182/4/l/l/2, situated at Anantharam Village, Mahabubabad Mandal and District, and pass appropriate orders in accordance with law, 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. 1 - As a secluel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. i\ \/'- //TRUE COPY// SD/.MOHD.ISMAIL ASSISTANT REGISTRAR \\---A\ ECTION OFFICER I To 1 . The Principal Secretary, Government of Telangana, Municipal Administration Department, Dr. B.R. Ambedkar Telangana State Secretariat, Hyderabad. 2. The Commissioner and Director Municipal Administration, Government of Telangana, Hyderabad.

3. The Commissioner, Mahabubabad Municipality, Mahabubabad, Mahabubabad District.

4. The Tahsildar Mahabubabad Mandal, Mahabubabad District. 5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

6. Two CCs to GP FOR MCPL ADMN AND URBAN DEVELOPMENT, High Court for the State of Telangana at Hyderabad. [OUT]

7. One CC to SRI K.RAM REDDY, Advocate [OPUC] 8. One CC to SRI PUTTA KRISHNA REDDY, Advocate [OPUC] 9. Two CD Copies SA/BSK @i HIGH COUR. DATED:1 310312025 ORDER WP.No.36303 of 2024 k o I rl€ 5- I lEApnM a ftt p1;p[c ALLOWING THE W.P WITHOUT COSTS.