1 Nazeer Ahmed v. The State of Telan

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 or Writs more appropriately a writ of Mandamus declaring the impugned Final order bearing Notice No.G1/UCl007|KPN2024'25 daled. 16.12.2024 issued by the 2nd respondent directing the petitioners to remove unauthorized construction situated at Mohammedia Colony, Khanapur previously Adilabad District presently Nirmal District, T.G., under section '178(8) of Telangana Municipalities Act, 2019 without conducting any enquiry, survey and without mentioning specific reasoning and Municipal Door Numbers which is illegal, void, ultra virus, unconstitutional and in violation the principles of Natural Justice and also in violations of the order passed by this Hon'ble court in w.P. -/ 7 No.23878 of 2022 daled.26.05.20 22 and contrary to the provisions of the Terangana l\rluniciparities Act, 2019and consequently set aside the same in the interest of justice and equity. lA NO:1 OF 2O25 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to suspend the operation of impugned Finar order bearing Notice No'G1/UC/007rKpRt2o24-25 da.ed.16.12.2024 issued by the 2nd respondent, pending disposal of the Writ petition in the interest of justice and equity. Counset for the petitioners: SRI A.M.QURESHI, Sr. COUNSEL, REp. FOR SRl MD.ABDUL MATEEN OURESiII Counset for the Respondent No.1: AGp FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2: SRI PUTTA KRISHNA REDDY, SC FOR MCPL Counsel for the Respondent No.3: M/s. SRAVANTHI, AGp FOR REVENUE The Court made the following: ORDER ,l HON'BLE SRI JUSTICE K. LAT(SHMAN WRIT PETITION No. 1O1of2O25 ORDER: Heard Sri A.M. Qureshi, learned Senior Counsel representing Sri Md. Abdul Mateen Qureshi' learned counsel appearing for the petitioners' 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 and Ms'sravanthi' learned Assistant Government Pleader for Revenue appearing for respondent No'3' Perused the record'

2. This writ petition is hled challenging the final order dated 16. 12.2024 issued by respondent No'2'

3. Petitioners are joint owners and possessors of ttre properties consisting of five (5) shops situated at H.Nos.2O-1 l,20-12,20-13,20-14 and 20-15' situated at Thimmapur, Khanapur Town, Nirmal District' presently i KL,J W.P.No. tO1 of 2025 2 under respondent No.2 - Municipality (for short, 'subject property'). The subject property was constructed after duly obtaining permission from the then Gram Panchayat Secretary, Khanapur Panchayat. Petitioners are in possession of the subject property and paying property tax to respondent No.2. Even then, respondents tried to dispossess the petitioners from the subject property without following due procedure laid down under law. Therefore, they have hled a writ petition vide W.P.No. l795O of 2022. When the said writ petition came up for hearing, on IL.O4.2O22,learned Standing Counsel appearing for respondent No.2 Municipality, instructions, submitted to this Court that respondent No.2 - Municipality is removing the encroachments on the existing 1O0 feet road and they will follow due process of law. Recording the said submission of learned Standing Counsel appeared for respondent No.2 Municipality, this Court disposed of the said Writ petition directing respondent No.2 - Municipality not to interfere 6 KL,J W.P.No.1O1 of 2025 I 3 with the petitioners Possession over the subject property without following due process of law' TWo and half years thereafter, respondent No.2 - Municipality has issued notice, dated 19. 11.2024 to the petitioners to submit documents such as Sanctioned Building Permission copy and ownership documents and other documents' if any' in respect of H.Nos.2O-ll, 2O-t2, 20-t3,20-14 and 20- 15, situated at Mohammadiya Colony, Khanapur' within seven (7) days. Petitioners have submitted following documents vide its reply, dated 25'1t2O24:

1. Copy of Notice No.G1/007/2024, dated l9'll'2o24' 2. Orier copy in W.P.No.23878 of 2022 3. Copy of sale deed of ProPertY - +. CopV of House ownership certificate S. CopV of House Tax receipts up to 2025

4. Thereafter respondent No'2 has passed tlee impugned final order, dated l6'L2'2O24 stating that petitioners made construction by encroaching 168'6 Sq' yards of Nirmat to Khanapur Police Station 10O feet wide road. Report submitted by AD, Survey and Land Records' Nirmal district was relied upon' The site is situated at KL,J W.P.No. 1O 1 of 2025 4 Mohammediay Colony, Khanapur and it is, to be removed. Petitioners failed to give valid explanatron to the notice, dated 19. 11.2024. Therefore, respondent No.2 - Municipality directed the petitioners to remove the un- authorized construction within 15 days. Challenging the said fina-l order, petitioners f,rled the present writ petition.

5. Learned counsel for the petitioners would contend that vide notice, dated 19.1L.2O24, respondent No.2 requested the petitioners to furnish documents ald petitioners have furnished documents. But, respondent No.2 did not state about the alleged deviated portion or un-authorized construction specifrcally in the said notice. Without considering the documents and explanation, dated 25.11.2024 submitted by the petitioners, respondent No.2 has issued f,rnal order, dated

16.72.2024. The same is in violation of procedure laid down under the Telangana Municipalities Act, 2019. He KL,J W.P.No.lO1 of 2025 5 has placed. reliance on the principles laid down in the following two (2) judgments: l. Musttnuttt Raiani a' Viiagauada Municipal C orp or ation, Vii ag auada\

2. Common order, dated 25'04 '2022 passed by this Court in W.P.Nos.272Ol of 2O2l aad 1986 of 2022'

6. Whereas, Sri Putta Krishna Reddy, learned Standing Counsel appearing for respondent No'2 has produced written instructions of respondent No'2' wherein it is stated that resPondent No.2 has issued notice, dated lg.tl.2o24 and petitioners failed' to submit explanation properly. On instructions, he would further submit that entireconstructionisillegal.Therefore,respondentNo.2 has issued notice, dated 19' ll'2o24 ald considered the reply, dated' 25-11.2024 submitted by the petitioners before passing hnal order' Therefore' there is no irregularitY. I 2oo5 (3) ALD 87 , I ; KL,J W.P.No. 101 of 2025 6

7. As discussed supra, vide order dated 11.O4.2O22 in W.P.No. 17950 of 2022, this Court directed the respondents not to interfere \Mith the petitioners possession over the subject properties without following due process of law. Therefore, respondent No.2 has to follow the procedure laid down under the Telangana Municipalities Act, 2Ol9 by specifically mentioning the deviated portion of the construction in the notice, dated

19.1I.2024 Without mentioning the deviated portion or un-authorized construction specihcally in the notice, dated 19.11.2024, respondent No.2 requested the petitioners to furnish certain documents. petitioners have submitted copies of notice No.GI/OO7/2024, dated 19.1I.2024, order in W.p.No.23gTg of 2022, sale deed, House ownership certihcate and House Tax receipts up to 2025 to respondent No.2. In fact, petitioners have to submit permission obtained by them from the then Gram Panchayath. Even now, they have not hted the permission obtained by them from the then Gram I I i i KL,J W.P.No.1O1 of 2025 7 Panchayat, Khanapur' They have hled only renewal proceedings.

8. Though the Petitioners are contending that theY from the then Gram have obtained Peflnlsslon Panchayat, Ktranapur, they have not submitted the same to respondent No.2 along with their reply' dated 25.1r.2024 and theY have not frled coPY of the before this Court' g. As discussed supra, respondent No'2 - Municipality did not specihcally mention that the petitioners have made construction by encroaching into 168'6 Sq' yards in the notice, dated 19' ll'2o24' Now' in the final order' dated 16.12.2024, respondent No'2 - Municipality directed the petitioners to remove the un-authoized construction made by the petitioners encroaching 168'6 Sq. yards i.e., Nirmal to Khalapur Police Station' There is also reference to the report submitted by AD' Survey and Land Records, Nirmal district' KL,J W.P.No 1O I of 2025 8

10. It is the specific case of the petitioners herein that the said report was behind back of the petitioners and while conducting the alleged survey no opportunit5r was given to them.

11. In view of the aforesaid discussion, the entire action of respondent No.2 in issuing notice, dated 19. 11.2024 and final order, dated 16.12.2024 is in violation of principles of natural justice, also the procedure laid down under the Telangana Municipalities Act, 2Ol9 and also the principle laid down by this Court in the aforesaid two (2) judgments. Therefore, both the notice, dated 19.11.2024 and final order, dated 16.12.2024 of respondent No.2 are liable to be set aside and accordingly set aside. L2. However, liberty is granted to respondent Nos.2 to 4 to conduct survey afresh by putting the petitioners on notice and affording them an opportunity. Liberty is also granted to respondents to issue fresh notice to the I I I d i I l I I KL,J W.P.No. 10 I of 2025 9 petitioners specifically mentioning the details/ particulars of the un-authorized construction and deviated portion, granting seven (7) days time to the petitioners to submit explanation. Therea-fter take action, if any, against the petitioners herein. Respondent No'2 shall complete the aforesaid entire exercise within a period of four (4) weeks from the date of receipt of a copy of this order.

13. Accordingly, this Wirt Petition is disposed of' There shall be no order as to costs. As a sequel, the miscellaneous petitions, if arry' pending in the Writ Petition shall stand closed' I To, //TRUE COPY// SD/- V. KAVITHA ASSISTANT REGISTRAR toN OFFICER 1 2 The Principal Secretary, Municipal Administration and Urban Development o'""r" rtrl",i, b#6iriiu(" suir,oi!, Hvo eraoao' s^tate or rela noana' rh6 commisstoner, rna#6#"il,1'"i":b;ity,' cjfft" at Khinapur, Nirmal District, T.G

3. The District Collector, Nirmal District' Office at Nirmal Town' Nirmal District' ^1 . { ^ tft qq p inr y,D,+q?uR\sfrrf=-u#.[1'Jl#'fi8?! [3EU3i 5. One CC to SRI PUTTA t 6 Two ccs to GP ron rtrddinort'ri'i-uH-alh'l bev' High colrt for the state ot - 7. Two ecs to Gp FoR ddVENUE, High court for the state of relangana at 8. Two CD CoPies tellnqana at HYderabad [OUT] HYderabad [OUT] BSFYBN HIGH COURT DATED: 0310112025 ORDER WP.No.101 ot 2025 !p' I I +) ..(- r{e l:iTA} 1 04 Ft:X 2025 c .l i)g-.c s7 1i --\--. * DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \