Telangana High Court
Venkata Sai Homes Welfare Association vs State Of Telangana on 12 November, 2025
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.33907 OF 2025
ORDER :
(ORAL)
Heard Mr. Syed Wahed Ali, learned counsel for the
petitioner, and Mr. Putta Krishna Reddy, learned standing counsel
for the Municipalities, appearing for respondent No.2.
2. The petitioner is a registered welfare association bearing
Registration No.290/2012 representing the residents of Venkata Sai
Homes, a residential gated community situated in Survey
Nos.307/Part and 309 of Nizampet Village, Medchal-Malkajgiri
District. The layout was developed by Mr. V. Srinivasa Rao in the
year 2006-08. In the said layout there is internal 33'-00 feet wide
road and other amenities like drainage and street lights etc. which
are exclusively for the benefit of the members of the petitioner -
association. The said road is used for the ingress and egress by all
the residents of the gated community.
3. Learned counsel for the petitioner submitted that at the end
of the gated community layout, a small structure was raised for
installing Lord Ganesh idol. The idol was installed several years
Dated 12.11.2025
ago. While so, the son of respondent No.3, Mr. B. Ashok, lodged
complaint against the petitioner - association and also filed
W.P. No.6466 of 2012 alleging that the petitioner - association has
constructed arch and security rooms by obstructing 33'-00 feet
Gram Panchayat road forming part of layout in Survey Nos.307/P,
309/P, 311, 312 and 317 of Nizampet Village. This Court has
passed order directing the Gram Panchayat, Nizamapet, respondent
No.3 therein, to conduct enquiry and submit report. Pursuant
thereto, detailed report was submitted by respondent No.3 stating
that there is no encroachment of the public road as alleged by the
petitioner therein.
4. It is submitted that based on such report, W.P. No.6466 of
2012 was dismissed by this Court by the order dated 31.01.2017.
Thereafter, the petitioner therein (Mr. B. Ashok, son of respondent
No.3 herein) preferred appeal in W.A. No.827 of 2017, which was
also dismissed by this Court by the judgment dated 03.08.2018
holding that there is no encroachment of the public road. The case
of the petitioner is that respondent No.3 has re-agitated the same
issue and lodged frivolous complaint on 27.10.2025 before
Dated 12.11.2025
respondent No.2 resulting in issuance of notice vide
Lr.No.G1/126/TPS/NMC/2025 dated 04.11.2025. The impugned
notice is illegal and in violation of principles of natural justice, and
was issued at the behest of respondent No.3 in violation of Articles
14, 21 and 25 of the Constitution of India.
5. Learned standing counsel for respondent No.2 placed on
record written instructions and submitted that on the complaint
lodged by respondent No.3 on 27.10.2025 regarding the
unauthorized construction that is being carried out by the petitioner
- association by obstructing the public road, the site was inspected
by the officials of respondent No.2 and it was observed that the
residents of the Venkat Sai Homes (Villas) have raised pillars and
laid slab for erecting a statue on the public road. In that
connection, respondent No.2 issued impugned notice dated
04.11.2025 directing them to remove the unauthorized construction
within seven (7) days.
6. Learned counsel for the petitioner submitted that impugned
notice dated 04.11.2025 is issued without conducting any enquiry
Dated 12.11.2025
and without any prior intimation to the petitioner - assosication, in
violation of principles of natural justice.
7. As it is stated by the learned counsel for the petitioner that
impugned notice dated 04.11.2025 is issued in violation of
principles of natural justice, the writ petition is disposed of,
directing the petitioner to submit explanation to the notice dated
04.11.2025 within a period of seven (7) days from the date of
receipt of a copy of this order. On receipt of such explanation,
respondent No.2 is directed to conduct enquiry, and pass orders, by
affording opportunity of hearing to the petitioner and respondent
No.3, within a period of four (4) weeks thereof. Till such exercise
is completed, status quo, obtaining as on today shall be maintained
in respect of the subject property.
8. As this order is passed without entering into the merits of the
case, notice to respondent No.3 is dispensed with. If respondent
No.3 is in any way aggrieved by this order, he is at liberty to
approach this Court seeking modification of this order. There shall
be no order as to costs.
Dated 12.11.2025
As a sequel thereto, miscellaneous applications, if any,
pending in the writ petition stand closed.
______________________
B. VIJAYSEN REDDY, J
November 12, 2025
MS
