Smt. Merugu Sravanthi And Another v. The State Of Telangana And 2 Others
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY,THE ELEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITIO N NO: 18055 OF 2022 Between:
1. Smt. Merugu Sravanthi, Wo. Kanakaiah aged about 3-4 years, Occp .House Wife Rl/o. H.ruo.S-Z-gZ, Paida Bazar, Thilak Nagar, Peddapalli, Peddapalli District
2. Sri. Merugu Kanakaiah, S/o. Rajaiah aged about 38 years,.Occp- Business F/o. H.Nol3-z-92,Paida Bazar, Thilak Nagar, Peddapalli, Peddapalli District. ...PETITIONERS AND
1. The state of Telangana, R/by. its Principal secretary Municipal Administration Secretariat Hyderabad.
2. The District Collector, Peddapalli, Peddapalli District.
3. The Peddapalli Municipality, R/by. its Commissioner, Peddapalli, Peddapalli Municipality, Peddapalli District.
...RESPONDENTS Petition under Article 226 of lhe constitution 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 particularly one In the nature of wRlT oF MANDAMUS by restraining the interference of 3rd Respondent from peaceful construction in petitioner Property in Plot No.7 of Sy.No.68B situated at Bhoomnagar Locality of Peddapalli v/o. Peddapalli (M) Peddapalli Municipality, Peddapalli District, even after having obtained legal construction permission through TS.Bpass and after showing the same to Respondent No'3, the interference of 3rd Respondent is illegal, arbitrary, contrary to law, discriminatory and violation of principles of natural Justice.
IANO:1O F 2022 Petition under section 151 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 Respondent No.3 to consider the application made by the petitioner dt.30.3.2022 and not to interfere with the peaceful construction of my plot pending disposal of the main Writ petition.
Counsel for the Petitioners:SRl. ANIRUDH THIMMARAJU Counsel for the Respondent No.l: Gp FOR MCPL ADMN URBAN DEV Counsel for the Respc,ndent No.2: Gp FOR REVENUE Counsel for the Respondent No. 3: SRI. N.pRAVEEN KUMAR(SC FOR MC) The Court made the following: ORDER
THE HONORABLE SMT JUSTICE LALITHA KANNEGANTI W.P.No.18055 ol 2022
ORDER
This writ petition is filed questioning the action of respondent No.3 in interfering with the constructions made by petitioners in Plot No.7 in Sy.No.688, situated at Bhoomnagar Locality of Peddapalli Village and Mandal, Peddapalli Municipality, Peddapalli District, even after obtaining legal construction permission through TS-bPASS, as illegal and arbitrary.
2.
Heard learned counsel for the petitioners Mr. A. Thimmaraju, learned Government Pleader for Municipal Administration and Urban Development for respondent No.1, learned Government Pleader for Revenue for respondent No.2 and Mr. N. Praveen Kumar, learned Standing Counsel for respondent No.3.
\ \\ i I 3.
Leamed counsel for the petitioners submits that the vendor of the petitioners has obtained permission with approved plan for construction of ground + 2 floors from respondent No.3 vide TS-bPASS and lnstant Approval dated 23-07-2021 and 07-08-2021 respectively, by paying the requisite fee and thereafter, the petitioners have purchased the said property jointly through registered sale deed dated 13.09.202'l . He further submits that when the petitioners have started construction, the officials of respondent No.3 are interfering with
LK. J W.P.No.18055 of 2022 the said construction activity and hence, the petitioners are constrained to approach this Court.
4.
Learned Standing Counsel for respondent No.3 submits that the petitioners have already laid 1st floor in the subject property and without leaving the setbacks, they are going ahead with the said construction activity. He submits that respondent No.3 will issue notice to petitioners and take appropriate action in accordance with law. 5.
Recording the submission of the learned Standing Counsel, the Writ Petition is disposed of, directing the respondents not to interfere with the possession of petitioners over the subject property without following due process of law. No order as to costs. 6.
Miscellaneous petitions, if any pending in this writ petition, shall stand closed.
SD/-K.AMMAJI ASSISTANT REGISTRAR / //TRUE COPYII SECTI To,
1. The Principal Secretary, Municipal Administration, State of Telangana, Secretariat Hyderabad.
2. The District Collector, Peddapalli, Peddapalli District.
3. The Commissioner,Peddapalli Municipality, Peddapalli, Peddapalli Municipality, Pecldapalli District.
4. One CC to SRl. ANIRUDH THIMMARAJU Advocate [OPUC]
5. Two CCs to GP FOR MCPL ADMN URBAN DEV,High Court for the State of Telangana. [OU1-]
6. Two CCs to GP FOR REVENUE,High Court for the State of Telangana. louTl
7. One CC to SRt. N.PRAVEEN KUMAR(SC FOR MC), Advocate [OPUC] B. Two CD Copies.
9. One Spare Copy.
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HIGH COURT DATED:1 110412022 Y \ t\r1 1 7 JUN 2il2?
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ORDER
WP.No.18055 ot 2022 DISPOSING O]: THE WP WITHOUT COISTS.
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