Smt Chalavadi Rajyalaxmi v. The State Of Telangana

t 31831

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENry SIX PRESENT ll TTiE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY IT Between:

Smt. S.Sudha Rani, w/o. Late S.Rajini Kumar, aged 65 years, occ. Housewife, c/o. H.No.14-41l1, Old Andhra Bank Road, Palvancha, Bhadradri Kothagudem District' Telangana'

PETTT.NER AND

1. The State of Telangana, Rep. by Principal Secretary, Municipal Administration, Secretariat, Hyderabad.

2. The Palvancha Municipality, Rep. by its Commissioner, Palvancha, Bhadradri Kothgudem District, Telangana.

3. The Station House Officer, Palvancha Police Station, Bhadradri Kothgudem District, Telangana.

4. Smt. Chalavadi Rajyalaxmi, w/o. Prakash, aged 56 years, occ. Business, r/o. H.No.14-1 -50, Palvancha, Bhadradri Kothgudem District, Telangana. .,.RESPONDENTS Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, direction or order more particularly one in the nature of a Writ of Mandamus, declaring the inaction of the respondent nos.2 and 3 in initiating action against the respondent no.4 for constructing a Ground plus 3 Floors building in H.No.'14-1-50, Palvancha, Bhadradri Kothagudem District, Telangana and further operating a convention centre underthe name and style Ganesh Sai Convention Hall in the said property, without obtaining any building permission, as being illegal, arbitrary, contrary to the provisions of the Telangana Municipalities Act, 2019 and violation of Article 14 and 21 of the Constitution of lndia and consequently to direct

the respondent nos.2 and 3 to demolish the illegal structure raised by the respondent no.4 in H.No.14-1-50, Palvancha, Bhadradri Kothagudem District, Telangana. l.A. NO: 1 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 nos.2 and 3 to forthwith consider the petitionerrs representations daterJ 04-02-2025, pending disposal of the above writ petition. C,lunsel for the Petitioner: Ms. D.,G"AYATRI FOR SMT. THAKUR ROOP,A SINIGH Counsel for the Respondent No.1: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent No.2: SRI KRISHNA REDDY PUTTA, SC FOR MPCL Counsel forthe Respondent No.3: GP FOR HOME Counsel forthe Respondent No.4: SRI B.ARJUN RAO WP 73 0F 20 Between:

Smt. Chalavadi Rajyalaxmi, W/o Prakash, Aged 56 years, occ. Business, Rio H.No. 14-1-50, Palvancha, Bhadradri Kothgudem District. PETITIONER AND '1 . The State of Telangana, rep by Principal Secretary (Municipal Administration), Secretariat, Hyderabad.

2. The Palvancha Municipality, Rep by its Commissioner, palvancha, Bhadradri Kothgudem District.

3. The Regional Director-cum-Appellate, Commissioner of Municipal Administration, Warangal.

4. S.Sudha Rani, W/o late Rajini Kumar, Aged 65 years, occ. Housewife, R/o H.No. '14-4111 , Old Andhra Bank Road, Palvancha, Bhadradri Kothagudem District.

...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the c;ircumstances stated in the affidavit filed therewith, the High court may be pleased to pass an order or direction or writ, in the nature of Mandamus duly declaring the impugned vide No. c1110291202s, dated 09112t2025, directing petitioner to vacate the subject property vide H.No. 14-1-so at palvancha, Bhadradri Kothagudem

District as arbitrary and against the principles of naturaljustice as well as against the provisions of Section 180 (2) Telangana Municipalities Act, 2019, and consequently set aside the same in the interest of justice. l.A. NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petitirrn,ithe High Court may be pleased to suspend the impugned orders vide ft1o.G11102912025, dated 0911212025, directing me to vacate the subject property vide Fl.No .14.-1-50 at Palvancha, Bhadradri Kothagudeh District, in the interest of justice.

i Counsel for the Petitioner: SRI B.ARJUN RAO Gounsel for the Respondent Nos.1 & 3: GP FOR MCPL ADMN & URBAN DEV Gounsel for the Respondent No.2: SRI KRISHNA REDDY PUTTA, SC FOR MPCL Counsel for the Respondent No.4: Ms. D.GAYATRI FOR SMT. THAKUR ROOPA SINGH The Court made the following: COMMON ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HON'BLE SRI ]USTICE B. VIJAYSEN REDDY rl Smt. S. Sudha Rani and another.

PETITIONERS The State of Telangana, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad and others.

RESPONDENTS Since the issue involved in these writ petitions relates to the property bearing H.No.14-1-50, Palvancha, Bhadradri Kothagudem District and the parties are one and the same, the writ petitions are disposed of by this common order.

2.

WP. No.8605 of 2025 is filed seeking a Writ of Mandamus to declare the inaction of the respondents No.2 and 3 in taking action against the respondent No.4 for construction G+3 floors building in H.No.14-1-50, Palvancha, Bhadradri Kothagudem District and further operating a convention centre in the name and style of

'Ganesh Sai Convention Hall' without obtaining any building permission, as illegal and arbitrary.

3.

WP.No.38473 of 2025 is filed to declare the impugned order vide No.GU1029l2O25 dated 09.12.2025 directing the petitioner to vacate the property bearing H.No.14-1-50, Palvancha, Bhadradri Kothagudem District, as illegal and arbitrary. 4.

Heard Ms. D. Gayatri, learned counsel, representing Smt. Thakur Roopa Singh, learned counsel for the petitioner in WP.No.8605 of 2025; Mr. Arjun Rao, learned counsel for the petitioner in WP.No.38473 of 2025 and learned standing counsel for the respondents No.2 - Municipality.

5.

The parties are referred to as arrayed in WP'No'8605 of 2025 for the sake of convenience.

6.

Initially, this Court passed order dated 28.11.2025 in WP.No.86O5 of 2025 dlrecting the respondent No.2 to seal the property of the respondent No.4 if any unauthorized construction is made in the subject property. Accordingly, the property wherein the respondent No.4 was running a Convention Hall was sealed by the respondent No.2. Subsequently, WP.No.38473 of 2025 was filed by the respondent No.4 in wP.No.8605 of 2025 and both the matters were tagged.

J 7.

It is borne out from the record that order 30.04.2026 was passed in WP.No.38473 of 2025 suspending the notice dated 09.12.2025 with a direction to the petitioner therein not to use the subject property other than for which permission was granted i.e. for residential use and the if the petitioner is found using the subject property other than residential purpose without permission, the respondent authorities shall take appropriate action in accordance with law.

8.

Mr. B. Arjun Rao, learned counsel for the petitioner in WP.No.38473 of 2025, submitted that the entire land in Palvancha Town wherein the subject property is situated has been conveted to commercial use and application has been submitted by the petitioner before the respondent No.2 for change of land use. The respondent No.2 by resolution No.18 in thelr council meeting held on 30.03.2026 recommended change oF land use. The same was forwarded to the Director of Town and Country Planning, Hyderabad. However, the recommendation of the council is not acted upon.

g.

Learned counsel requested this Court to pass order directing t il t the Director of Town and Country Planning, Hyderabad, to act upon the recommendation of the council.

10. Considering the order dated 30.04.2026 passed in WP.No.38473 of 2025 directing the petitioner therein to use the subject property for residential use and the recommendation of the council dated 30.03.2026, the writ petitions are disposed of with a direction to the respondent authorities to act upon the recommendation of the Council dated 30,03.2026 within a period of four (4) weeks from the date of receipt of a copy of this order. The order dated 30.04.2026 passed by this Court in WP.No.38473 of 2025 shall contlnue to operate until decision is taken by the respondent No.1 pursuant to the recommendation of the council. The miscellaneous applications, pending if any, shall stand closed. There shall be no order as costs.

SD/- MOHD.ISMAIL DEPUTY REGISTRAR //TRUE COPY// N OFFICER To 1 . The Principal Secretary, Municipal Administration, S riat, Hyderabad, State of Telangana. I

2. The Commissioner, Palvancha Municipality, palvancha, Bhadradri Kothgudem District, Telangana.

3. The Station House Officer, Palvancha Police Station, Bhadradri l(othgudem Distiict, Telangana, :

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4. One CC to SMT. THAKUR ROOPA S|NGH, Advocate IOPUCI

5. Two CCs to GP FOR MCPL ADMN & URBAN DEV, High Court for the State ofTelangana, at Hyderabad. IOUTI

6. The Regional Director-cum-Appellate Commissioner of Municipal Administration, Warangal.

7. One CC to SRI B.ARJUN RAO, Advocate [OPUC]

8. Two CCs to GP FOR MCPL ADMN & URBAN DEV, High Court for the State ofTelangana, at Hyderabad. [OUT]

9. One CC to SRI KRISHNA REDDY PUTTA, SC FOR MPCL [OPUC] 10.Two CCs to cP FOR HOME, High Court for the State of Telangana, at Hyderabad. [OUT] 11.Two CD Copies I, PSK.

TKS

CC TODAY HIGH COURT DATED: 3010612026 SE. STA rC'

f,c 3 JUr 2026 c) it coit/tMoilt oRDER '.* * Ds ,..?i .-/ Nos.8605 AND 38473 OF 2025 DISPOSING OF THE WRIT PETITIONS THOUT COSTS.