✦ High Court of India · 04 Dec 2025

The High Court · 2025

Case Details High Court of India · 04 Dec 2025
Court
High Court of India
Decided
04 Dec 2025
Bench
Not available
Length
1,097 words

3. The Revenue Officer, Municipal Corporation, Karimnagar. 4. The Assistant City Planner, Office of the Municipal Corporation, Karimnagar. 5. Smt. Lukka Sowmya, Wo Lukka Rajesham., Aged: Major, Occ: Housewife, FUo H.No.2-10-376, Jyothi Nagar. Karimnagar, Telangana. ,RESPONDENTS 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, writ, order or direction especially one in the Nature of Writ of Mandamus declaring the action of .the respondents 2 to 4 in not demolishing the illegal construction made by the 5th respondent in Sy.No.236 by encroaching the part of the property admeasuring Ac.O-6 lz gts., in Sy.No.236, situated at Mankamma Thota, Karimnagar belongs to the father of the petitioner by cancelling the provisional building permit order granted to the Sth respondent by the 2nd respondent in respect of Plot No.1, admeasuring 173.79 sq. meters in Sy.No.235, Kothapally village, Karimnagar Mandal and District vide File No.016298/KARI/00359/lABPl2025 dl.1O-O9-2025 is illegal, arbitrary, unjust, unreasonable and against the principles of natural justice and further declare the action of the respondent No.2 in not conducting any fair enquiry with regard to the representation/complaint of the petitioner dt.20-11-2025 is also illegal, arbitrary and against the principles of natural justice and consequently direct the respondents 2 to 4 to demolish the illegal construction made by the sth respondent orr Plot No.1, admeasuring 173.79 sq. meters in Sy.No.235, Kothapally village, Karimnagar Mandal and District by cancelling the Provisional Building Permit Order vide File No.016298/KARI/00359/!ABPl2O25 dt.10-09-2025 granted to the sth respondent by considering the representation/complaint of the petitioner dt.2)l11l2}25 addressed to the 2nd respondent by fbllowing due procedure of law. lA NO: 1 OF 2025 Fetition rrnder Section 1151 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 respc'ndents 2 to 4 to cancel the Provisional Building Permit Order vide File No.016298/KARI/00359/|ABPl2O25 dt.10-09-2025 granted to the sth respondent in respect of Plot No.1, admeasuring 173.79 sq. meters in Sy.No.235, Kothapally village, Karimnagar Mandal and District, pending disposal of the main writ petition. lA NO: 2 OF 20:21 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit f iled in support of the petition, the High Court may be pleased to direct the respondents 2 to 4 to cancel the Provisional Building Permit Order vide File No.016298/KARI/00359/|ABP12025 dt.10-09-2025 granted to the sth respondent in respect of Plot No.1, admeasuring 173.79 sq. meters in Sy.No.235, Kotlrapally village, Karimnagar Mandal and District, pending disposal of the main writ petition. Counsel for the Petitioner: Ms. B. KEETHI REDDY REP. FOR SRI Y. BALA MURALI Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for the Respondent No.2 to 4: SRI K. SIDDARTH GOUD, SC FOR MUNICIPAL CORPORATION Counsel for the Respondent No.5: The Court made the following: ORDER 7 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY DATE OF ORDER: 04-12.2025 Between: Kante Rakesh Roshan AND ...Petitioner The State of Telangana Represented by its Principal Secretary Municipal Administration & Urban Development Department, Secretariat, Hyderabad and four others ORDER: (ORAL) .Respondents This writ petition is fited by the petitioner seeking to deelare the action of the respondent authorities in not considering his representation/complaint dated 20.1,1.2025 regarding the unauthotized construction made by respondent No.5 in Survey No.236, by encroaching part of the property of the petitioner admeasuring Ac.0-0 6Yz guntas in Survey No.236, situated at Mankamma Thota, Karimnagar, by cancelling the building permission dated 10'09'2025 granted to the petitioner in respect of the property bearing Plot No'l' admeasuring 173.79 square meters in Survey No.235, Kothapally Village' AS being illegal, arbitrarY and Karimnagar Mandal and District, unconstitutional. 2

2. Heard Ms. B.Keethi Reddy, rearned counsel, representing Mr. y.Bala Murali, learned counsel for the petitioner; Mr. K.siddarth Goud, learned standing (lounsel for respondents No.2 to 4; and perused the material on record.

3. Learned Standing counsel for respondents No.2 to 4, basing on the written instructions, submiffed that the office of the respondent authorities has received tho representation of the petitioner on 20.11.2025. Based on such representation, the site of respondent No.5 was inspected and it was found that responrlent No.5 started construction at the proposed site. Thereafter, respondent No.5 was issued notice dated 02.12.2025 to furnish copies of sanctioned plan, title documents etc., for verification within a period of seven (7) days. Learned Standing Counsel submitted thar further appropriate action will be taken as per rules in force.

4. As it is submiffed that notice dated 02.12.2025 was issued to respondent No.5 on the: complaint of the petitioner, this writ petition is disposed of directing respondent No.2 to conduct enquiry pursuant to the notice dated 02'12.2025, jry giving opportunity of hearing to the petitioner and respondent No.5, and pass appropriate orders in accordance with law. 5' As orcler is passed without entering into the merits of the case, notice to respondent No.5 is dispensed with. However if, respondent No.5 is, in any \ \ I t J way, aggrieved by this order, she is at tiberty to approach this Court seeking for modification of this order. There shall be no order as to costs' As a sequel thereto, miscellaneous applications, if any, pending in this writ petition, stand closed //TRUE COPY// T. SRINIVASA R SECTION OFFICER To I

1. The Principal Secretary, Department, The State Municipal Admini of Telangana, Dr. Urban Development .R. Ambedkar Telangana 2 3. 4 5. 6. Karimnagar. ration, Karimnagar I PAL CORPORATION loPUcl

7. Two CCs to GP for Municipal Administration and Urban Development, High Court for the State of Telangana at Hyderabad. [OUTI

8. Two CD Copies BN/MP I I I I It' " ::j' i !' l" I t, HIGH COURT DATED:04/1212025 t ,, ,.:a\ i ) t * THE S 6 2 0 r[8 20?5 * PAT ORDER WP.No.37249 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT'COSTS @ ao\tIa,t

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