Telangana High Court

K. Ranga Reddy vs The State Of Telangana on 7 May, 2025

Author: Surepalli Nanda

Bench: Surepalli Nanda

       HON'BLE MRS JUSTICE SUREPALLI NANDA
                              AND
     THE HON'BLE SRI JUSTICE J. SREENIVAS RAO


              WRIT APPEAL No.551 OF 2025

JUDGMENT:

(Per the Hon'ble Mrs Justice Surepalli Nanda)

Heard Sri M. Damodhar Reddy, learned counsel

appearing on behalf of the appellant/petitioner,

learned Government Pleader for Municipal

Administration and Urban Development appearing on

behalf of respondent No.1, Sri Krishna Reddy Putta,

learned Standing Counsel for respondent Nos.2 & 3

and Smt. Ch. Vijaya Laxmi, learned counsel appearing

on behalf of unofficial respondent No.4.

PERUSED THE RECORD:-

2. The present writ appeal is filed by the appellant

seeking prayer as under:-

"...to allow the Writ Appeal by setting aside the order dated

02.05.2025 in W.P.No.9273 of 2025 passed by the Learned Single Judge and continue the earlier status-quo order dated 26.03.2025 in WP No.9273/2005 as it is, and pass..."

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3. The appellant in the present Writ Appeal is the

petitioner in W.P.No.9273 of 2025 and the said W.P.

had been filed seeking prayer as under:-

".....to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in issuing the impugned order dated 10/03/2025 in file No. 10/RDMA/A1/2025 and consequential notice of demolition issued by the 3rd respondent Municipality in file No. G1/67/2024 dated 18/03/2025 in ordering to demolish the alleged deviations to the construction of the House No. 148 at Vidyanagar Colony Kothakota Municipality and Mandal Wanaparthy District though the petitioner obtained construction permission in the year 2019 and complete the construction 2020 in his own property without encroaching any bodies property and further though the 2nd and 3rd respondents have not recorded any finding as to whether the said alleged deviations are being caused any inconvenience to the public as illegal unlawful contrary to law and consequently direct the 3rd respondent municipality to withdraw all cases as against the construction of house No. 148 which the petitioner admittedly constructed by obtaining the Construction permission and pass..."

4. The orders impugned in the present Writ Appeal,

dated 02.05.2025 passed in W.P.No.9273 of 2025 is

extracted hereunder:

"Learned counsel for the petitioner has drawn attention of this Court to the Speaking Order dated 10.03.2025.

As seen from the contents of the said order, it is evident that several speaking orders have been passed in pursuance of order passed in

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WP.No.36611 of 2024 and WP.No.486 of 2025. After giving detailed hearing, conclusion has been recorded in paras 5 and 6 of the order by the respondent No.2 holding that the petitioner herein has not denied about the deviations made to the building construction and even after giving enough opportunities, he failed to provide any valid proof. The panchanama conducted on 20.12.2024 by the District Task Force also established deviations in the structures. It was also held that speaking orders were passed in accordance with law.

In view of the above, status quo order dated 26.03.2025 is vacated.

List on 25.06.2025."

5. The orders passed initially in favour of the

appellant/writ petitioner, dated 26.03.2025 in

W.P.No.9273 of 2025 are extracted hereunder:-

Notice to respondent No.4.

Personal notice to respondent No.4 permitted.

Mr. Putta Krishna Reddy, learned standing counsel for the respondents No.3 - municipality, seeks time to get instructions.

Status quo, obtaining as on today, shall be maintained in respect of the property, bearing House No.14-8. Vidyanagar Colony, Kothakota Municipality and Mandal" Wanaparthy District, until further orders.

List on 16.04.2025.

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6. The order dated 02.05.2025 passed in

W.P.No.13536 of 2025 filed by the 4th respondent is

extracted herein:-

"In view of the order passed by this Court in WP. No. 9273 of 2025 dated 02.05.2025, there shall be interim direction to the respondent No.4 to implement the speaking order dated 10.03.2025, as expeditiously as possible and file compliance report before this Court by the next date of hearing.

List on 25.06.2025."

DISCUSSION AND CONCLUSION:-

DISCUSSION:-

7. Learned counsel appearing on behalf of the

appellant/writ petitioner mainly puts-forth the

following submissions:-

i) The order impugned, dated 02.05.2025 passed in

W.P.No.9273 of 2025 vacating the status-quo order,

dated 26.03.2025 causes serious injustice and

irreparable injury to the appellant/writ petitioner

since in view of the said order, the 3rd respondent

municipality is ready with demolition of the house

property of the petitioner bearing No.14-8 as per

speaking order, 18.03.2025 issued to the

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appellant/petitioner by the Commissioner, Kothakota

Municipality directing the appellant/writ petitioner to

rectify deviations and remove the same within 15

days from the date of receipt of said order, dated

18.03.2025 failing which action would be initiated

against the appellant/petitioner under the Telangana

Municipality Act, 2019 and TGbPASS Act, 2020.

ii) This Court while vacating the interim order of

status-quo, dated 26.03.2025 passed in W.P.No.9273

of 2025 vide its order, dated 02.05.2025 failed to take

note the fact as borne on record that the 4th

respondent did not file any vacate stay petition

seeking vacation of the interim order, dated

22.03.2025 nor the official respondents thereunder

and hence, the Writ Petition itself i.e., W.P.No.9273 of

2025 ought to have been disposed of finally by the

Court expeditiously without giving any scope for the

3rd respondent municipality to proceed with the

demolition of the subject property of the petitioner

till W.P.No.9273 of 2025 is adjudicated and decided

on merits finally by this Court.

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iii) This Court while vacating the interim orders,

dated 26.03.2025 passed in W.P.No.9273 of 2025

granted initially in faovur of the appellant/writ

petitioner failed to give credence to the fact as borne

on record that neither the official respondents nor the

unofficial 4th respondent had filed their counter in

W.P.No.9273 of 2025 and therefore, the order

impugned, dated 02.05.2025 passed in W.P.No.9273

of 2025 had been passed hastily and mechanically in a

routine manner.

iv) This Court while vacating the interim orders of

status-quo, dated 26.03.2025 in W.P.No.9273 of 2025

vide its order, dated 02.05.2025 failed to take note of

the fact as borne on record that this Court on the

same day i.e., on 02.05.2025 entertained the W.P.

filed by the 4th respondent herein and granted interim

orders in favour of the 4th respondent vide its order,

dated 02.05.2025 observing as under:-

"In view of the order passed by this Court in WP. No. 9273 of 2025 dated 02.05.2025, there shall be interim direction to the respondent No.4 to implement the speaking order dated 10.03.2025, as expeditiously as

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possible and file compliance report before this Court by the next date of hearing.

List on 25.06.2025."

and by virtue of the said orders, dated 02.05.2025

passed in W.P.No.13536 of 2025, the appellant/writ

petitioner herein is facing threat of demolition in

respect of appellant/petitioner's house property by

the 3rd respondent municipality as per the speaking

orders, dated 10.03.2025 of the Regional Director-

cum-Appellate Commissioner of Municipal

Administration, Hyderabad.

v) This Court while vacating the order of status-quo,

dated 26.03.2025 passed in W.P.No.9273 of 2025 vide

its order, dated 02.05.2025 failed to determine an

important question and record its finding as to

whether the alleged deviations are causing nuisance

to the public as alleged by the unofficial 4th

respondent herein or they are minor in nature or

minimal which do not effect public at large and

accordingly, the alleged deviations are not liable to be

demolished.

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Based on the aforesaid submissions, the learned

counsel appearing on behalf of the appellant/writ

petitioner contended that the Writ Appeal needs to be

allowed as prayed for.

8. The learned standing counsel appearing on behalf

of the respondent Nos.2 & 3 and the learned counsel

appearing on behalf of the unofficial respondent No.4

mainly puts-forth the following submissions:-

i) There is no illegality in the order impugned, dated

02.05.2025 passed in W.P.No.9273 of 2025, on the

ground that the panchanama conducted on

20.12.2024 by the District Task Force established

deviations in the structures.

ii) The respondent Nos.1 to 3 are bound to

implement the speaking orders, dated 10.03.2025

issued against the appellant/petitioner herein by the

2nd respondent herein, even as per the orders of this

Court, dated 02.05.2025 passed in W.P.No.13536 of

2025.

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iii) The appellant/Writ Petitioner had not denied

about the deviations made to the building

constructions even after providing ample

opportunities, therefore, the order impugned, dated

02.05.2025 passed in W.P.No.9273 of 2025 in the

present Writ Appeal warrants no interference by this

Court.

Based on the aforesaid submissions, learned

standing counsel appearing on behalf of the

respondent Nos.2 & 3 and the learned counsel

appearing on behalf of the unofficial respondent No.4

contend that the present Writ Appeal has to be

dismissed in limini.

CONCLUSION:-

9. A bare perusal of the record indicates that the

appellant/writ petitioner filed W.P.No.9273 of 2025

declaring the action of the 2nd respondent in issuing

the impugned order, dated 10.03.2025 and the

consequential notice of demolition issued by the 3rd

respondent municipality in File No.G1/67/2024, dated

18.03.2025 in ordering to demolish the alleged

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deviations to the construction of the house No.14-8 at

Vidyanagar Colony, Kothakota municipality and

Mandal, Wanaparthy District though the

appellant/writ petitioner obtained construction

permission in the year 2019 and completed the

construction in the year 2020, and initially the

appellant/writ petitioner obtained an order of status-

quo in his favour vide order, dated 26.03.2025 in

W.P.No.9273 of 2025 and the same was vacated on

02.05.2025 without there being any vacate stay

petition filed by either of the official respondent Nos.

1 to 3 herein nor the unofficial respondent No.4

herein. It is also borne on record that none of the

respondent Nos.1 to 4 herein had filed their counter

affidavits denying the averments made by the

appellant/writ petitioner in the affidavit filed in

support of W.P.No.9273 of 2025.

10. It is also pertinent to note that this Court vide its

order, dated 02.05.2025 in W.P.No.13536 of 2025

filed by the 4th respondent herein passed orders in

favour of the unofficial respondent No.4 herein and

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directed the 4th respondent thereunder i.e., the

Municipal Commissioner, Kothakota Municipality,

Wanaparthy District in W.P.No.13536 of 2025 to

implement the speaking order, dated 10.03.2025

impugned by the appellant/writ petitioner in

W.P.No.9273 of 2025 as expeditiously as possible and

file compliance report before the Court in

W.P.No.13536 of 2025 by the next date of hearing

i.e., 25.06.2025.

11. This Court opines by virtue of the order

impugned, dated 02.05.2025 passed in W.P.No.9273

of 2025 vacating the order of status-quo, dated

26.03.2025 passed in W.P.No.9273 of 2025 and by

virtue of the order, dated 02.05.2025 passed in favour

of the 4th respondent in W.P.No.13536 of 2025, the

appellant/writ petitioner is facing threat of demolition

of the house property of the appellant/writ petitioner

bearing No.14-8, as per the impugned order, dated

10.03.2025 of the 2nd respondent and the

consequential notice of demolition issued by the 3rd

respondent municipality in File No.G1/67/2024, dated

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18.03.2025 impugned the appellant/writ petitioner in

W.P.No.9273 of 2025 without adjudicating the subject

issue in W.P.No.9273 of 2025 finally, without counter

affidavits being filed by the respondent Nos.1 to 4 in

the said Writ Petition, without even a finding having

been recorded by the Court on merits pertaining to

the alleged deviations.

12. This Court opines that by virtue of the order

impugned in the present Writ Appeal, dated

02.05.2025 passed in W.P.No.9273 of 2025 and the

order, dated 02.05.2025 passed in W.P.No.13536 of

2025, the 3rd respondent municipality would proceed

with demolition of the subject house property of the

appellant/writ petitioner as per orders dated

10.03.2025 & 18.03.2025 impugned by the

appellant/writ petitioner in W.P.No.9273 of 2025

without there being adjudication and final disposal of

W.P.No.9273 of 2025 on merits, since admittedly as

borne on record, no counter affidavits or vacate stay

petitions had been filed either by the official

respondent Nos.1 to 3 herein or unofficial respondent

SN,J & JSR,J W.A.No.551_2025

No.4 herein in W.P.No.9273 of 2025 as on 02.05.2025.

Under these circumstances, this Court opines that the

appellants are entitled for the relief as prayed for in

the present Writ Appeal.

13. Taking into consideration:

a) The aforesaid facts and circumstances of the

case,

b) The submissions made by the learned counsel

appearing on behalf of the appellant/petitioner and

learned standing counsel appearing on behalf of the

respondent Nos.2 & 3 and the learned counsel

appearing on behalf of the unofficial respondent No.4

c) The order impugned in the present Writ Appeal,

dated 02.05.2025 passed in W.P.No.9273 of 2025

d) The status-quo order, dated 26.03.2025 passed

earlier in W.P.No.9273 of 2025(referred to and

extracted above)

e) The orders impugned, dated 10.03.2025 of the 2nd

respondent and the consequential notice of

demolition issued by the 3rd respondent municipality

in File No.G1/67/2024, dated 18.03.2025 impugned

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in W.P.No.9273 of 2025 by the appellant/petitioner

herein.

f) The order, dated 02.05.2025 passed in favour of

the 4th respondent herein in W.P.No.13536 of 2025

(referred to and extracted above) filed by the 4th

respondent herein.