Bussu Buchi Reddy vs The State of Telangana and 3 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITION NO: 26272 AND 23994 OF 2022 wP NO.262720F 2022: Between: AND 1.

2.

3.

4.

Bussu Buchi Reddy, S/o.

Bussu Krishna Reddy, Aged aboul 42 years, Occ.

Agriculture, Fi/o. lmamguda Village, Maheshwaram Mandal, Ranga Reddy District' ...pETrrroNER The State of Telangana, Rep. by its Principal Secretary, (MA and UD), Secretariat Buildings, Secrelariat, Hyderabad.

Thukkuguda Municipality, Rep. by the Municipal Commissioner, Thukkuguda Municlpality, Maheshwaram Mandal, Ranga Reddy District - 501 359.

Smt.

A Srilatha, Wo.

Arun Goud, Age.

Major, H.No.

9-42, No. lmamguda Village, Maheshwaram Mandal, Ranga Reddy District.

R- Gnareswar, S/o.

R.

Bassappa, Aged about 57 years, Commissioner, Thukkuguda Municipality, Maheshwaram Mandal, RR District. .._REspoNDENrs Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ order or direction more particularly one in the nature of writ of certiorari call for the records and set-a-side the proceedings notice No.

G1149012020 (Speaking Order) dated 3010512022 in keeping abeyance of the Pelitioners building permission of proceedings No.

50340/TUKU|O167l2O21 daled 3OlO3l2O22 in respect of H.

No.

9-137 (Old H.

7-40) adm.

184 Sq. yds., together with plinth area of 450 Sq.ft., at lmamguda Village, Tukkuguda Municipality being illegal, arbitrary, unjust and violation of principles of natural justice and contrary to the provisions of Telangana Municipalities Act, 2019 lA NO: 1 OF 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 respond3nts not to interfere with the petitioners building construction in res ion in respect of H.

3-137 (Old H.

184 Sq.yds., together with ptinth area of 450 Sq.ft. at lmamguda Village, Tukkuguda Municipality by suspending the operation of proceedings notice No.

G1/490/2020 (Speaking order) dated 3010512022 on the file of rukkuguda Municipality, RR District pending disposal of the above writ petition Counsel for the P:titioner: SRI L.

PRABHAKAR REDDY Counsel for Resprndent No.

1: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for Respcndent No.

2: SRI N.

PRAVEEN KUMAR, SC FOR MUNICIPALITIES Counsel for Resp cndent Nos.

3 & 4: ---- WP NO: 23994 OF 2022 Between: AND 1.

Bussu..Bucl if,eddy, S/o.

Agriculture, Rl/o. lmamguda Village, Maheshw-aram Mandal, Rairga Reddy District. ...PETITIONER The State o'Telangana, Rep. by its Principal Secretary (MA and UD), Secretariat r3uildings, Secretariat, Hydera6ad.

The Munici6,al Commissioner, Thukkuguda Municipality, Maheshwaram Mandal, Ra rga Reddy District - 501 359 Smt A Srilatha, W/o.

Major, H.

No.9-42, R/o. lmamguda Village, Matreshwaram Mandal, Ranga Reddy District. ...RESPONDENTS Petition unrler Article 226 ot rhe constitution of lndia praying that in the circumstances stitted in the affidavit filed therewith, the High Court may be pleased to issue \vrit order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd Respondent in passing the order to stop construction until further orders in proceedings Notice No.

G1l4gol2o22 daled 23-5-2022 irnd threatened demolition in respect of the building construction house bearing No.

9-137, adm.

184 Sq.yds., situated at Imamguda Village, Tukkuguda lr/unicipality, Maheshwaram Mandal, Ranga Reddy District which was duly obtained by lhe petitioner vide permit No.

50340/TUKUto167t2o21 dated 24- 03-2022 on the 'ile of 2nd Respondent - Municipality as without jurisdiction, _)- . ion, _)- .- I ('3 violation of principles of natural justice, arbitrary, highhanded and illegal being violative Article 14 of the Constitution of lndia and contrary to the provisions of The Telangana Municipalites Act, 2019 consequently direct the respondent authorities not to interfere in any manner including highhanded threatened demolition of construclion of the Petitioners building house bearing No.

9-137' adm. '184 Sq.yds., situated at lmamguda Village, Tukkuguda Municipality, Maheshwaram Mandal, Ranga Reddy District lA NO: 1 OF 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 stay of all further proceedings including demolition of structure in respect of petitioner's construction of building at house bearing No.

184 Sq.yds.' situated at lmamguda Village, Tukkuguda lvlunicipality, Maheshwaram Mandal, Ranga Reddy District by suspending the operation of proceedings Notice No.

G1149012022 dated 23-5-2022 ol lhe 2nd Respondent pending disposal of the above writ petition Counsel for the Petitioner: SRI L.

PRABHAKAR REDDY Counsel for Respondent No.

1: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for Respondent No.2: SRI N.

PRAVEEN KUMAR, SC FOR MUNICIPALITIES Counsel for Respondent No.

3: -- The Court made the following: COMMON ORDER !

2 THE HoNOURABLE SMT JUSTICE LALITHA KANNEGANTI W.P.Nos.26272 and 23994 ot 2022 COMMON CRDE R: Since both these writ petitions arise out of common issue, they are being dis posed of by this common order.

W.P.11o.26272 ot 2022 is filed with the foilowing prayer; "to issue a writ, order or direction more particularly one in the nature of writ of certiorari call for lhe records and set aside the proceeJings notice No.G1/490/2020(speaking Order) dated 10-05-2022 in keeping abeyance of the petitioner's building permis;ion of proceedings No.50340/TUKU/O 167t2021 dated 30-03-2022 in respect of house No. house No.9_137 (old H.No.7-40) admeasuring 184 sq. yards together with plinth area of 450 sq. feet at lma Tguda Village, Tukkuguda Municipality as illegal, arbitrary, unjust irnd violation of principles of natural justice".

I 3.

W.P.f 1o.23994 ot 2022 is filed wtth the following prayer; "to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of respondent No.2 in pasiing the order to stop construction until further orders in proceelings Notice No.G1/49012022 dated Z3-O5-2O22 and threatened demolition in respect of the building construction house bearin(t No.9-'137 admeasuring 1g4 sq. yds, situated at lmamguda Village Tukkuguda Municipality, Maheshwaram Mandal, Ranga Reddy District, which was duly obtained by the petitioner vjde permit No.50340/TUKU/0 i6712021 dated 24_03_2022 on the fite of 2"d responlent Municipality as without jurisdiction, violation of principles of natural jusfice, arbilrary, highhanded and illegal being violative of Article 14 of the Constitution of lndia and contrary to the provisions of the Telangana Municipalities Act, 2019 and consequenfly direct the respon lent authorities not to interfere in any manner including highha rded threatened demolitjon of construction of the petitioner,s buildinll house bearing No.9_1 37 admeasuring 184 sq. yards situated I LK.

J W .P .Nos.26272 and 23W4 ol 2022 4.

Learned counsel for the petitioner Mr.

L.

Prabhakar Reddy submits that though the hearing notice dated 23-05-2022 was issued lo the petitioner, the respondent Municipality has already predetermined.

He submits that the respondent Municipality without conducting enquiry asked the petitioner to stop the construction and apart from that, the petitioner has asked the respondent Municipality repeatedly to furnish the complaint to him, but the same was not furnished to him and questioning the said action, the petitioner filed W.P.No. ed W.P.No.23994 of 2022, wherein this Court, by interim order dated 26-05-2022, directed the respondents not to take any coercive steps with regard to the construction being made by the petitioner in the subject property if it is being done in accordance with the building permission.

Learned counsel submits that during subsistence of the said interim order, the respondent Municipality has passed the order dated 30-05-2022 by keeping the building permission of the petitioner in abeyance until the petitioner clear the dispute as per law on title and possession of the plot.

He further submits that when the petitioner has filed earlier writ petition and the same is pending, the respondent Municipality cannot pass the said speaking order.

He submits that till now, the respondent t\i'lunicipality has not given a copy of the complaint to the petitioner and unless he receives a copy of the complaint, he cannot know the 2 \ \ at lmamguda Village, Tukkuguda Municipality, Maheshwaram Mandal, Ranga Reddy District".

LK.

J W .P .Nos 26272 aod 23994 of 2022 contents 01 the compraint and it wiil be difficurt for him to answer the said compl rint 5.

Learned Standing Counsel for respondent No_2 Municipality Mr.

N.

Praveer Kumar, on instructions, submits that the petitioner without appearing before the respondent Municipality with all the relevant documenls as directed in the impugned notice, he has come up before this court' He submits that the respondent has arso informed that if the petitioner vrants to look at the relevant record, he can come to the Municipal ()ffice and check the same and as the enguiry is in progress, it is difficult for them to give a copy of the complaint.

6.

Whenever the respondent Municipality is issuing any notice basing on € complaint given by a third party, they are bound to enclose the copy of the complaint arong with the notice. he notice.

Unress such compraint is furnisherl to the person, basing on which a show cause notice is given by the respondent Municipality, he cannot submit is reply.

Hence, both the Writ petitions are disposed of setting aside the speaking order dated 30-05-2022 and the respondent Munrciparity shail furnish a c(,py of the complaint to the petitioner within a period of one week from loday and on receipt of the same, the petitioner shall submit his exprana:ion within one week rhereafter and then, the petitioner sha also appear before the respondent Municipality on 2l _OB_2022 and thereafter, the respondent Municipality shall pass appropriate orders in -) t I I LK.

J W.P.Nos.26272 and 23994 ot 2022 accordance with law.

Till such time, no coercive steps shall be taken against the petitioner.

No order as to costs.

7.

Miscellaneous petitions, if any pending in these writ petitions, shall stand closed.

4 To, MBC SW 1 2 3 4 5 6 7 SD/.P.PADMANABHA REDDY ASSISTANI REGISTRAR //TRUE COPY/I ( V SECTIoN OFFICER \ The Principal Secretary, (MA and UD), State of Telangana Secretariat Buildings, Secrelariat, Hyderabad.

The Municipal Commissioner, Thukkuguda Municipality, Thukkuguda Municipaliti, Maheshwaram Mandal, Ranga Reddy District - 50'1 359.

One CC to Sri L Prabhakar Reddy Advocate [OPUC] Two CCs to GP For Municipal Administration & Urban Development, High Court for the State of Telangana. [OUT] One CC to Sri N.

Praveen Kumar, SC for Municipalities(OPuc) Two CD Copies One Spare Copy HIGH COURT DATED: 0410812022 25 NIUE ?wt COMMON ORDER WP NO: 26272 AND 23994 OF 2022 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS