The High Court · 2025

Judgment

1. 2 3 4 5 6 7 B 9 The State of Telangana, Rep. by its Principal Secretary, Ivlunicipal Administration and Urban Development Department, Telangana Secretariat, Hyderabad. The District Collector, Nalgonda, Nalgonda District, The Revenue Divisional Officer (RDO), Nalgonda Division, Nalgonda District, The Municipal Commissioner, Nalgonda Municipality, Nalgonda. The Station House Officer (Police), l-Town Police Station, Nalgonda.

The Station Fire Officer (Fire Services), Nalgonda. The Deputy Executive Engineer (R and B), Sub-Division, Nalgonda. Janagam Aruna, W/o Jangam Ramesh, Age 38 years, Occ House Wife, Rl/o Plot No.59, South Part, Neelagiri Colony, Devarakonda Road, Nalgonda 508001 Janagam Ramesh, S/o Not known, [v1ajor, Occ Not Known Plot No. 59, South Part, Neelagiri Colony, Devarakonda Road, Nalgonda 508001. ...RESPONDENTS Petition under Article 226 of the Constilution 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 parlicularly one in the nature of a WRIT OF MANDAMUS, declaring the inaction of Respondent No's 2 to 7 in not removing the illegal and unauthorized construction made by - Respondent No.B in an extent of '10 sq. yards of the p: itioner,s property as illegal, arbitrary, and violative of Articles 14 and 300-4 c ' the constitution of lndia, and consequently direct the Respondent Nos 2 r( 7 to forthwith take necessary enforcement action for removal of the said unar- honzed construction in accordance with the Telangana Municipalities Act, 2019. lA NO: 1 OF 2025 Petition under Section 'l 51 cpc praying that in the ;ircumstances stated in the affidavit filed in support of the petition, the High cou t may be pleased to direct Respondent Nos 2 to 7 lo take all necessary steps to emolish and remove the unauthorized construction raised by Respondent No., on the petitioner's property, which has been carried out in clear violaticr of the petitioner,s ownership rights and in contravention of the Telangana Mu icipalities Act, 20.19, pending disposal of the writ petition. Counsel for the Petitioner: SRI PULIMAMIDI ROHTTH RED I r Counsel for the Respondent No .l: Gp FOR MCPL ADMN Lti IBAN DEV Counsel for the Respondents No 2 & 3 : Gp FOR REVENUT Counsel for the Respondent No 4 : SRI pUTTA KRISHNA R :DOy SC FOR 14 .'NICIPALITIES Counsel for the Respondents No 5 & 6 : Gp FOR HOME Counsel for the Respondent No 7: Gp FOR R & B Counsel for the Respondents No 8 & 9: -- The Court made the following: ORDER I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No. 37125 0F 2025 DATE OF ORDER: 04-12-2025 Between: Smt. Kompelli Vijaya .... Petitioner AND The State of Telangana Rep. by its Principal Secretary, Municipal Administration & Urban Development Department, Telangana Secretariat, Hyderabad, and eight others. ... Respondents ORDER This writ petition is filed to declare the action of respondent Nos.2 to 7, in not removing the unauthorized construction made by respondent No.8 over an extent of '10 square yards of the petitioner's property bearing Plot No:59, admeasuring 125 square yards, situated at Neelagiri Colony, Dearakonda Road, Nalgonda, as being arbitrary and violative of Articles 14 and 3004 of the Constitution of lndia.

2. The petitioner claims to be the absolute owner of plot No. 59, admeasuring 125 square yards, situated at Neelagiri Colony, Dearakonda Road, Nalgonda. She applied for building permission ., and respondent No.4 granted permission on 05.12. >-O2S vide lefter No.233057/NALG|147812022 for construction of Stilt for parking + 2 upper floors. While so, it is stated that respondent \ 1.8 has illegally encroached upon 10 square yards of the plot of t re petitioner by constructing compound wall beyond her boundary. lrr .hat connection, the petitioner lodged the complaint with l-Town Polrce Station, Nalgonda (respondent No.5) on 16.08.2024 against r..spondent No.g and also the representation dated 17.08.2024 to re spondent No.4. Thereafter, respondent No.4 addressed letters to rex pondent Nos.3, 5, 6 and 7 requesting to furnish information regardir g unauthorized construction allegedly made by respondent No.8.

3. Heard Mr. Pulimamidi Rohith, learned r ounsel for the petitioner, and Mr. Putta Krishna Reddy, learned rql lnding Counsel for Municipalities, appearing for respondent No.4, a td perused the material available on record.

4. Learned Standing Counsel for respondenj No.4 submitted that the show cause notice dated 30.09.2024 ,ras issued by respondent No.4 to respondent Nos.8 and 9 directing them to submit explanation as to why encroached portion of :ompound wall constructed by them in the property of the petition :r shall not be removed. Thereafter, final order dated 2g.11.2024 vas passed as 3 respondent Nos.8 and t have not removed the unauthorized construction.

5. lt appears, reply has not been submitted by respondent Nos.8 and 9 and final order was passed for removal of unauthorized construction. As order dated 28.11.2024has been passed for removal of unauthorized construction, respondent No'4 is directed to forthwith take steps to remove the unauthorized construction made by respondent No.8 within a period of three (03) weeks from the date of receipt of a copy of this order. As this order is passed without entering into the merits, notice to respondent Nos.B and 9 is dispensed with. However, if respondent Nos.B and 9 are aggrieved by this order, they are at liberty to seek modification of this order.

6. Accordingly, this writ petition is disposed of. No order as to As a sequel thereto, miscellaneous petitions, if any pending in this writ petition, shall stand closed. //TRUE COPY// sD/ STANT .C. DEE TRAR SECTION OFFICER To, Department, State of Telangana, Telangana Secretariat, Hyderabad.

1. The Principal Secretary, Municipal Administration and Urban Development 2. The District Collectorl Nalgonda, Nalgonda District, 3. The Revenue Divisional Officer (RDO), Nalgonda Division, Nalgonda District, 4. The IVlunicipal Commissioner, Nalgonda Municipality, Nalgonda- 5. The Station House Officer (Police), l-Town Police Station, Nalgonda. 6. The Station Fire Officer (Fire Services). Nalgonda. 7. The Deputy Executive Ehgineer (R aniJ A), 5ub-Division, Nalgonda. B. One CC to SRI PULIMAMIDI ROHITH REDDY Advocate IOPUCI - \ Telangana. [OUTI

9. Jryo CCs to- Gp FOR MCPL ADMN URBAN DEV,High i :urt forihe State of " Iffi":rftl: ,35f;o* REVENUE ,Hish court for the Sr; re of retansana at 11. Two CCs to' Gp FOR HOME ,High Court for the State () Telangana at 12 .9I9.9.C tO SRI PUTTA KRISHNA REDDY SC FOR I\4LI ICIPALITIES 13. T DAN BS Hyderabad. [OUTI wo CD Copies loPUCl HIGH COURT DATED:0411212025 I I ORDER WP.No.37125 of 2025 I I J? .: r/l\- '( -\,;.\ ) I ,) f);l ffln ;t 2 /t/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS t