Malikireddy Venkata Purushotham Reddy v. The State Of Telangana

I [ 31681 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 134 OF 2025 Between:

Malikireddy Venkata Purushotham Reddy, S/o Malikireddy Ramachandra Reddy, Aged 54 Years, Rt/o. H.No.3-7-51l70G, Janapriya Enclave, Mansoorabad, L.B. Nagar, Ranga Reddy, Telangana-500068. ...PETITIONER AND The State of Telangana, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad.

2. Pedda Amberpet Municipality, Rep. by the Municipal Commissioner, Ranga Reddy District.

3. Hyderabad Metropolitan Development Authority, Rep. by the Metropolitan Commissioner, Swarna Jayanti Complex, Sanjeeva Reddy Nagar, Ameerpet, Hyderabad - 500038.

4. Mrs. G. Swetha, W/o G. Vinod Kumar, Aged 40 Years, Ryo. Plot No.34, Phase-|, HlG, Canara bank Building, Opp. Ganesh Temple Vanasthalipuram, Ranga Reddy, Telangana-500068.

...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 order or direction, particularly one in the nature of writ of mandamus or any appropriate writ declaring the inaction of Respondent Municipal authorities in not taking any action on the complaint dated 13-06-2024 given by the Petitioner, as arbitrary, illegal and violation of principles of natural justice and also in violation of Articles 14, 19,21 and 300A of th€ Constitution of lnd ia.

lA NO: 1 OF m25 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 Municipal Authorities to take action on the complaint dated 13-06-2024 of the Petitioner, pending disposal of the Writ Petition. Counsel forthe Petitioner: SRI M.LAXMAN RAO Gounsel forthe Respondent No.'t: cP FOR MCPL ADMN URBAN DEV counsel for the Responde nt No.2 : ![,rsjfrl$?rY RAvtN DER REDDY, Counsel forthe Respondent No.3: M/s. D.MADHAVI, SC FOR HMDA The Court made the following: ORDER

HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.l34 OF 2025 ORAL ORDER:

Heard leamed counsel for the petitioner and Mr. Singireddy Ravinder Reddy, learned Standing Counsel for Municipalities appearing on behalf of respondent No.2.

2. The petitioner herein is claiming that he is the absolute owner and possessor of the land admeasuring Ac.0.06 guntas in Survey No.174 of Pedda Amberpet Village, Abdullapurmet Mandal, Rangareddy District under an agreement of sale dated 25.04.2024. Respondent No.4 is proceeding with construction by encroaching the land and constructed a Bar and Restaurant in Survey No.175 without obtaining permission from respondent No.2. He has submitted a representation dated 13.06.2024 to respondent No.2 with a request to take action against respondent No.4. Despite receiving and acknowledging the said representation, respondent No.2 did not act upon the same. Aggrieved by the said inaction of respondent No.2, the petitioner filed the present writ petition.

3. Whereas, Mr. Singireddy Ravinder Reddy, learned Standing Counsel appearing on behalf of respondent No.2 has produced written

KI.J W.P No.l 14 of2025 instructions of respondent No.2, wherein it is stated that respondent No.2 has already issued a show-cause notice dated 02.01.2025 to respondent No.4 with a request to submit explanation within seven

(07) days as to why action should not be taken against him for construction of unauthorized sheds (shops). Thereafter, respondent No.2 will take action against respondent No.4 strictly in accordance with the procedure laid down under the Telangana Municipalities Act, 2019 by putting the petitioner and respondent No.4 on notice and affording them an opportunity of hearing. The said written instructions along with show-cause notice and photograph are placed on record.

4. In the light of the aforesaid submission, this writ petition is disposed of directing respondent No.2 to consider the representation dated 13.06.2024 submitted by the petitioner and the show-cause notice dated 02.01.2025 and take action against respondent No.4 strictly in accordance with the procedure laid down under the Telangana Municipalities Act, 2019 by putting the petitioner and respondent No.4 on notice and affording them an opportunity of hearing. He shall complete the entire exercise within four (04) weeks

KI.J W.P. No.tl4 of2025 from the date ofreceipt ofcopy ofthis order. In the circumstances of the case, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition shall stand closed.

SD/-K. SREE RAMA MURTHY ASSISTANT //TRUE COPY// SE N OFFICER ./ To,

1. The Principal Secretary, Municipal Administration aM Urban Development Department, Secretariat, Hyderabad, State of Telangana.

2. The Municipal Commissioner, Pedda Amberpet Municipality, Ranga Reddy District.

3. The Metropolitan Commissioner, Hyderabad Metropolitan Development Authority, Swama Jayanti Complex, Sanjeeva Reddy Nagar, Ameerpet, Hyderabad - 500038.

4. One CC to SRI M.LAXMAN RAO, Advocate [OPUC]

5. One CC to SRI SINGIREDDY RAVINDER REDDY, SC FOR MCPL [OPUCI

6. One CC to Ws. D.MADHAVI, SC FOR HMDA [OPUC]

7. Two CCs to GP FOR MCPL ADMN URBAN DEV, High Court for the State of Telangana at Hyderabad [OUTI

8. Two CD Copies \y BSR BS

I t HIGH COURT DATED: 03lO1l2O2S 14 16'

s ( oo ( za

ORDER

10 Jlil 2m WP.No.134 ot 2025 * r-O * T C, DISPOSING OF THE WRIT PETITION, WTHOUT GOSTS 1o\,w