Kanneboina Komraiah Vs The State of Telangana

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[³¹⁶⁸ ]

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t, I I I i i I I l I

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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WRIT PETITION NO:4141 OF 2025

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Between:

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Kanneboina Komraiah, S/o.Mallaiah, Aged about 64 years, Occ. Agriculture, Rl/o.Chelpur Village, Huzurabad Mandal ,^{Karimnagar District.}

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...PETITIONER

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AND

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1 The State of Telangana, Rep.by its Principal Secretary (Municipal Administration and U rban Developrnent Department, Secreta rial, Hyderabad

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2 The Commissioner and Director of Municipal Administration, A.C.Guards, Telangana State, Hyderabad.

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3 The Huzurabad Municipality, Rep by its Commissioner, Huzurabad, Karimnagar District.

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4 Prathapa Kumara Swamy, S/o.Venkatnarsaiah, Aged about 60 years, Occc. Agnculture, R/o.Jammikunta Road, Huzurabad Village and Mandal, Karimnagar District.

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...RESPONDENTS

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Petitron under Article 226 of 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, order or direction more particularly one in the nature of WRIT OF I,4ANDAIVUS, declaring the inaction of the 3rd respondent on the complaint/representation d1.3O10112024 made by the petitioner, for taking action against the illegal and unauthorized construction of building by encroaching 30 feet road in Sy.No.76/A/1, Situated at Jammikunta Road, Huzurabad Village & lt4andal, Karimnagar District, made by the Respondent No.4, subsequent Notice file No G1/154/2024. dt.O7 -02-2024 issued by the 3rd respondent, and not taking any action for removing the illegal construction of 4th respondent, as illegal, arbitrary, and vrolative of principles of Natural Justice and contrary to the

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provisions of the Telangana Municipalities Act, and Rules,, and consequently direct the respondents 2 to 3 to take appropriate action to remove/demolish the illegal construction of building by encroaching 30 feet road in Sy.No.76/fu1, Situated at Jammikunta Road, Huzurabad Village and Mandal, Karimnagar District, made by the 4th respondent, in the interest of^justice.

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lA NO:^'f OF 2025

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Petition under Section 151 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court may be^pleasedto direct the respondents 2 to 3 to remove/demolish the illegal construction^madeby the 4th respondent by encroaching the 30 fl^{road in Sy.No.76/A./1} ,^situatedat Jammikunta Road, Huzurabad Village & Mandal, Karinrnagar^District,by considering the representation/complaint dt.3O-O1^-2024.

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Counsel for the Petitioner : SRI HARI KISHAN KUDIKALA

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Counsel for the Respondents No.1&2 : GP FOR^{MCPLADMN URBANDEV}

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Counsel for the Respondents No.3 : SRI PUTTA KRISHNA^REDDY, SC FOR MUNICIPALITY

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Counsel for the Respondents No.4 :

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The Court made the following: ORDER

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i I i a ! i II i I i I I t I I i , ! I l I

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THE HONOURABLE^{SRI JUSTICEK. LAKSHMAN}

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WRIT PETI^{TION No.4141 0F 2025}

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ORDER:

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Heard Sri Hari^{Kishan Kudikala, leamed counsel for the} petitioner and Sri^{Putta KrishnaReddy,learned Standing} Counsel^{appearingfor 3'a respondent'}

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Petitioner^{is resident of ChelpurVillage' Huruzabad} Mandal, Karimnagar^{District within 3'drespondent} Municipality.^{4'h respondent is also resident of the said area'} 4threspondentismakingconstructionbyencroachingintothe 30 feet road,^{which is passage to the house of the petitioner} herein. Therefore,^{the said construction isunauthorized} construction.Thereisalsoanallegationagainst4th respondent that^{he is claiming right over the subject property} basing on fictitious^{documents' Therefore' petitioner has} submitted^{a representation dated30 'Ol '2024 to 3'd respondent} rvith a request^{to take action against4tr' respondent' Despite} receiving and^{acknowledgingthe said representation' 3'd} responden[^{clid not act upon the same' Aggrieved by the said}

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2

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inaction of 3.d respondent, petitioner hled the present writ petition

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Whereas Sri Putta Krishna Reddy, learned Standing Counsel appearing for 3.4 respondent has produced written instructions of 3.d respondent stating that on receipt of the said representation, 3.a respondent has inspectr:d the site and issued notice dated 17 .O2.2024 to 4th respondent directing him to submit all the documents including building permission, etc. Instead of submitting explanation and documents as sought by 3.d respondent, 4rh respondent has approached civil Court by vvay of filing a suit in O.S. No. I o[ 2Ct24 against 3rd respondent Municipalit-v and obtained temporary injunction. Therefore, 3.d respondent is not in a position to proceed further. The said written instructions are placeci on record

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In the light of thc same, this Writ Petition is disposed ol' granting libertv to the petitioner tr; take steps to implead him in the aforeserid O.S.No.l of 2024. 3.d respondent shall Iile counter and seck v:rcertiorr of the said irrjunction order granted by civil Court. Sr-rbject to the result ol the same, 3.d respondent shall take action against 4,h responrlent strictly in

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3

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i I I I I I I I I

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I ! i I, l, I I I i i I I j i I I I i i !! ;. i t I I i

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accordance with the procedure laid down under Telangana Municipalities Act, 2O19, by putting the petitioner arrd 4th respondent on notice and affording them an opportunity of hearing.

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Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

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SO/- P.Ch. NAGABHUSHAMBA SI TANT REGISTRAR //TRUE COPY//

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To,

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CTION OFFICER

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