Siri Laxmi Enclave Colony Owners Welfare Association v. lle . ptatg. of Telangana

Dharma Reddy. Age. 53 years, Occu. Village. Chandur [\rlandal, Nalgonda . 7. Bobbala Srinivas Reddy, S/o. Ram Reddy, Age. 48 years, Occu. Business, Rl/o.H.No.144, Pullemla Village, Chandur Mand-al, Nalgbnda District-so8255. B. Rg.nSa Veeraiah, S/o. Ramulu, Age. 65 years,Occu. Agriculture, R/o.91 13/1. Vidya Nagar Colony, Chityal Muncipality and Mandal, Nalgonda District Petition under Article 226 oI lhe Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction or Writ especially one in the nature of Writ ...RESPONDENTS of Mandamus, directing the Respondent No.5 not to demolis basing on the Notices No. G1/69/UCffpSl2O2S dated 23-( c1l173lCTLl2025 Dated.28.08.2025 as the impugned trtr Respondent No.5 is illegal. arbitrary and unconstituticr Violative of rights of the Petitioner and against to the princir and Consequently Direct the Respondent No 5 not to creat Siri Laxmi Enclave Colony measuring Ac.8.35 Gts, in Surve and 218, situated at Chityal Muncipality and Mandal, ry, demolishing the existing Compound wall around it which is i the Petitioner Association herein. r the compound wall 7-2025, and Lr. No. tice issued by the al and very much es of natural justice ) a way through the y Numbers 190,19i lgonda District, by r the Possession of IANO:1O F 2025 petition under Section 15r cpc praying that in the r;, .cumstances stated in the affidavit filed in support of the petition, the High cou,1 may be pleased to Stay the Notices No. G1/69/UClrPsl2o2s dated 23-07-2025, and Hearing Notice Lr. No. G1l173lcrLl2025 Dated. 28. 08.2o2s issued by $r, Respondent No.S and Direct the Respondent No.5 not to create a way thrr; rgh the Siri Laxmi Enclave colony measuring Ac.8.35 Gts, in survey Numbers i90,.1g1 and 218, situated at chityal Muncipality and Mandal, Nalgonda Districl, by demolishing the existing compound wall around it which is in the possessrc r of the petitioner Association herein, Pending disposal of the Writ petition. Counsel for the Petitioner: SRI KANDAGATLA SRINIVASULtJ Counsel for the Respondent No.1: cp FOR MCPL ADMN URE AN DEV Counsel forthe Respondent No.2 to 4: Gp FOR REVENUE Counsel forthe Respondent No.S: SRI PUTTA KRISHNA REI) )y, SC FOR MCPL The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HONOURABLE SRIJUSTICE B. VTJAYSEN REDDY WRIT PETITION No.37858 OF 2 025 DATE:10-12-2025 Between: Siri Laxmi Enclave Colony Owners Welfare Association, Chityal, its office address H.No.9-535/18, Chityal Village and Mandal, Nalgonda District, Rep. by its General Secretary Lenkala Papi Reddy. .... Petitioner AND The State of Telangana Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Dr. B.R. Ambedkar Bhavan Secretariat, Hyderabad-500063, and seven others. Respondents ORDER Heard Mr. Kandagatla Srinivasulu, learned counsel for the petitioner, and Mr. Putta Krishna Reddy, learned Standing Counsel for Municipalities, appearing for respondent No.S, and perused the material available on record. N 2

2. Show-cause notice daled 23.07.2025, unde,t Sections 254 and 185 of the Telangana Municipalities Act,2019 (for short'Act 2019'), was issued to the petitioner informing him therl complaint has been filed by respondent No.6 stating that he i as purchased agricultural land in Survey No.189 of Chityala and thzrr the realtors of Siri Laxmi Enclave (petitioner) are obstructing access ry constructing a compound wall around the venture. Under the impu; red notice, the petitioner was informed that they do not have rermission for development of a Gated Community in the said r cality. As per Section 185 of the Act 2019, all streets and roacl vested in or maintained by the lVlunicipality shall remain open for t ublic use. The petitioner was directed to submit supporting docum: rts i.e., Gated Community permission copy and other supporting rl, ,cuments. The petitioner submitted reply dated 25.08.2025 to the shov -cause notice.

3. The grievance of the petitioner is that so ii r, final orders have not been passed and attempts are being made, by respondent No.5 to demolish the compound wall to provide rccess to the agricultural land of respondent Nos.6 to B.

4. Learned Standing Counsel for respondent I o.5 submitted that the writ petition is premature. Having submitt: j reply to the show-cause notice, without waiting for conclusion c I enquiry, the 3 petitioner has rushed to this Court. The petitioner is not co-operating with the enquiry. Hearing notice dated 28.08.2025 was issued to the petitioner directing him to appear before respondent No.5 on

03.09.2025. The petitioner did not appear on that date. The layout of the petitioner is not a Gated Community. It is an open layout and all the roads including internal roads are vested in or maintained by respondent No.5 and are available for access to the nearby Iandowners.

5. As seen from the record, W.P.No.21759 of 2025 was filed by respondent Nos.6 to B aggrieved by the action of respondent No.5 in not considering their representations for removing the encroachment on the public road and demolition of the compound wall constructed by the petitioner herein causing obstruction to the lands of respondent Nos.6 to 8 herein in connection with lay out vide Final L.P.No.87/12IHRO and Final L.P.No.16i13/HRO. However, so far final orders have not been passed and enquiry is stated to be conducted,

6. ln view of the above, the writ petition is disposed of directing respondent No.S not to demolish the compound wall constructed by the petitioner in the subject property, without following due process of law and pending enquiry pursuant to the show-cause notice dated { I 4 n

23.07.2025. As this order is passed without entering it to the merits of the case, notice to respondent Nos.6 to 8 is dispensec with. However, if respondent Nos.6 to B are in any way aggrieved b'l this order, they are at liberty to seek modification of this order. No orc r r as to costs. As a sequel thereto, miscellaneous petitions, f any pending in this writ petition, shall stand closed. \ /TTRUE COPY// PONNA KRISHNA fnur ReetstRlR i8s! SECTION OFFICER To, '"'1lB,lll"',\?:5.t3"{"l#d"$."?"dtx"}13:t'i[3]Bi'lli' Urban Development -abad-500063. Town and District' Nalgonda District'

2. The District Collector, Nalgonda District, Nalgonda Tow r 3. The Additional District Collector' Nalgonda District'Lc r 4. The Tahasildar' Chityal Revenue Mandal' Chityal 5 The Muncipal Commissioner' Chityal Muncipallity' C I " rvir"oiL Nalgonda District' 6. One CC to SRI KANDAGATLA SRINIVASULU' Advocir 7. One CC to SRI PUTTA KRISHNA REDDY' SC FOR M( M N u RB AN D EV' H it t I ' +:,g fr:; o Two CCs to GP FOR REVENUE' High Court for thtr "'%3,Ir53,rr:l"ii.+? HYderabad [OUTI and District. al Bodies, Nalgonda /illage and Mandal' ityal MunciPalitY and : [OPUC] PL TOPUC] Court for the State o{ State of Telangana at t

10.Two CD CoPies BSR LS HIGH COURT DATED:1 011212025 [ 1E Sr-4 ( I.)c(J 0 lL ir 2{J2[ * o Ti, 'r1'L j:) -\ ORDER WP.No.37858 of 2025 DISPOSING OF THE WRIT PETITION, WTTHOUT COSTS 6lllu.