The High Court · 2025

Petition under Section l5l CPC praying that in the circumstances stated in the affidavit fited in support of the petition, the High court may be pleased to Direct the Respondents not to interfere with the Petitioner':; peaceful possession and enjoyment of the property H No- 11-6-240' Municip;rl Sweeper Quarters' Khammam, during the pendency of this writ petition' Counsel for the Petitioner: SRI SANDEEP KUMAR BODLA a;;;;"i for the Respondent No.1: GP FoR MCPL ADMN 8i IJRBAN DEV a;;;.i for the Respondent No.2: SRI P'SRIDHAR RAO' siC FOR MPCL The Court made the following: ORDER HIGH COURT FOR THE STATE OF TELANGANA AT TIYDERABAD THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITON No.37953 OF 202s DATE OF ORDER: 09-12-2025 Between: Mrs. Bandi Ayodhya Laxmi ... Petitioner AND The State of Telangana Rep. By its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad, and one (1) another. ... Respondents ORDER: (ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondent No.2 in issuing the notice vide Roc.No.All3 12275[(-MC12025 dated 20.08.2025 directing her to vacate the property bearing H.No. I I -6-240, Municipal Sweeper Quarters, Khammam, within a period of three (3) days, as being illegal and arbitrary. --\' \l 'F'''-l 2 W.P ',r'o.37953 of 2025 Date:09.11.2.025

2. Heard Mr. Sandeep Kumar Bodla, leamed r:ounsel for the petitioner, and Mr. P. Sridhar Rao, leamed standinll counsel for respondent No.2.

3. It is stated that the father of the petitioner, ate Mr. Bandi Veeraswamy, was employed as Public Health 'Worker with Khammam Municipality and he was allotted the sub ject residential quarters. The father of petitioner died on 05.06. 9,91, while in servtce Subsequently, the mother of petitioner, k tc Mrs. Bandi Guravamma, was appointed as Public Health Worker on cornpassionate grounds vide proceedings dated 16.01.1992 issued by the Khammam Municipal Council. The mothe r of petitioner continued to occupy the quarters and she attained :uperannuation on 31.07.2004 and died on 26.05.2019. The pttitioner being daughter and surviving legal heir continued to occupy the quarters The petitioner is uneducated and does not have rrry source of livetihood. 4 It is further stated that the impugned notice darerl 20.08.2025 was issued in the name of the father of petitioner, in violation of J W.t'. No.37953 of 2025 Date: 09.12.2025 principles of natural justice. The petitioner cannot be vacated without following due process of law and without affording opportunity of hearing. The impugned notice has been issued in the name of dead person, who passed away thirty lour (34) years ago.

5. Leamed standing counsel for respondent No.2 submitted that admiftedly the petitioner is in unauthorized occupation. Initially, her father, late Mr. Bandi Veeraswamy, subsequently, her mother late Mrs. Bandi Guravamma, were allotted the quarters. Both of them died and the petitioner cannot be continued to occupy the quarters.

6. The only grievance of the petitioner is that without issuing any notice shb was asked to vacate the quarters. The impugned notice was issued in the name of Mr. Bandi Veeraswamy, father of the petitioner, who is a dead person. It is not the case of the petitioner that she is entitled to continue in the said quarters. After the death ofher parents, she ought to have surrendered the quarters to respondent No.2; merely because she is continuing to stay in the 4 W I' 111o.37953 of 2025 Dare: 09 . I i. .2025 \ quarters she will not be vested with any legal righr.. Though, the impugned notice is issued in the name of Mr. Bandi Veeraswamy, it was received by the petitioner. Thus, issuing, directions to respondent No.2 to follow principles of natural justice will not serve any useful purpose and would be an ernpty formality. The petitioner cannot be continued to stay in the :aid quarters for an indefinite period. However, considering the socio_economic conditions ol'the petitioner, three (3) months time is granted to the petitioner to thc vacate the subject property.

7. In view of the above, the writ petition is disposed of, directing respondent No.2 not to interfere witl the peaceful possession and enjoyment of the petitioner ove. the property bearing H.No.l l-6-240, Municipal Sweeper euarrers, Khammam, for a period of three (3) months from today. The ;;etitioner shall vacate the subject property and handover the vacant and physical possession of the subject property to respondent No..2 within this time. Respondent No.2 is also at liberty to recover t1e rent arrears and current rent in respect of the subject property, bv firllowing due process of law. l-here shall be no order as to costs. 5 W-P. No.37953 o12025 Date:09.12.2025 As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. /TTRUE COPY// SD/. A.JAYASREE ASSISTANT REGISTRAR 6 SECTION OFFICER The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad, Telangana State, State of Telangana. The Commissioner, Khammam Municipal Corporation, Khammam. One CC to SRI SANDEEP KUMAR BODLA, Advocate [OPUC] Two CCs to GP FOR MCPL ADMN & URBAN DEV, High Court for the State ofTelangana, at Hyderabad. [OUT] One CC to SRI P.SRIDHAR RAO, SC FOR MPCL [OPUC] Two CD Copies To 1 2 J 4 f) PSK. PSK HIGH COURT DATED:0911212025 CC TODAY ORDER WP.No.37953 of 2025 /r,,i ,ja) ::.,li;'.L ' a-) l_,F T5{ 1)i,' 'i, "r(. ) j :. x' i\ .t\\r \- . '''r,, .-n + f,,'' ' -:'-.4.1 DISPOSING OF THE WRIT PETITION WITHOUT COSTS q q s