ORDER :

W.P. No.10050 of 2021 is filed by the petitioners-lessees of the subject property to declare

The action of the respondents, more particularly, respondent No.2 in passing final order dated 15.04.2021, wherein respondent No.2 directed to demolish the petitioners structures as illegal and to set aside the same.

2. W.P. No.10053 of 2021 is filed by the petitioner, owners of the subject property with similar relief.

3. W.P. No.10543 of 2021 is filed by the petitioner, owners of the subject property, to declare the action of the respondents, more particularly, respondent No.2 in informing the rejection of building permission application dated 21.02.2021 without following due process of law as illegal and to set aside the same.

4. Since the parties and the lis involved in these writ petitions are one and the same, all these writ petitions are disposed of by way of a common order.

5. Heard Mr. Katika Ravinder Reddy, learned counsel for the petitioners, learned Government Pleader for MA & UD appearing on behalf of respondent No.1, Mr.N. Praveen Kumar, learned Standing Counsel for Municipalities appearing on behalf of respondent No.2 in all the writ petitions and Mr. T.Surya Satish, learned counsel for unofficial respondents in W.P. No.10050 of 2021.

6. For the sake of convenience, the petitioners in W.P. Nos. 10053 and 10543 of 2021 will be hereinafter referred to as ‘owners’ while the petitioners in W.P. No.10050 of 2021 as ‘lessees’.

7. CONTENTIONS ON BEHALF OF THE PETITIONERS :

i) The owners claim that originally the property bearing H.No.1-27/1, situated at Manchirevula Village, Gandipet Mandal, Ranga Reddy District, is ancestral property o petitioner No.1 i.e., Mr. J.Satyanarayana. After 2016, petitioner No.1 (owner No.1) became absolute owner of 475 square yards. In the year 2016, he had divided the said property among his two sons, viz., Mr. J. Mahender and Mr. J.Venkatesh and the sons of his late brother viz., Mr. J. Suresh, Mr. J.Sahadev, Mr. J.Srisailam, Mr. J.Sairam and Mr. J.Ashok under registered Gift Deeds.

ii) Mr. J. Satnarayana had obtained building permission in the year 1996 in respect of the premises No.1-27/1, situated at Manchirevula Village for construction of two rooms. Pursuant to the same, a room and a shed were raised over the said land H.No.1-27/1. Ever since from the division of the property, petitioner No.1 and his family have got mutated their names and also got the sub-division of the house numbers from 1-27/1 to 1-27/1 to 6, situated at Manchirevula Village, which is hereinafter referred to as ‘subject property’.

iii) Mr. J. Satyanarayana had obtained permission on 13.01.2016 for construction of room, compound wall around the entire property owned by his family members, but he could not further expand the structure. At the instance of rival parties, HMDA had issued a notice in the year 2017 stating that the owners made unauthorized construction. The owners had submitted explanation on 01.08.2017. The HMDA had satisfied with the said explanation and therefore, they had not taken any further action.

iv) After three years, respondent No.2-Narsingi Municipality had issued a show-cause notice dated 09.02.2021 under Section – 178(2) of the Telangana Municipalities Act, 2019 (for short ‘Act, 2019’) to the ‘lessees’ with a direction to remove the stock within one (01) month. The sand notices were challenged vide W.P. No.3254 of 2021. Respondent No.2 had issued show-cause notice dated 12.03.2021. Respondent No.2 had issued show-cause notice dated 12.03.2021 under Section – 178(2) of the Act, 2019 to the owners at the instance of unofficial respondents alleging the unauthorized construction being made by them. They have submitted a detailed explanation dated 17.03.2021. Respondent No.2 had issued a notice dated 23.03.2021 fixing the date of hearing on 25.03.2021. Without considering the explanation submitted by the petitioners and without considering the applications dated 21.02.2021 submitted by the petitioners seeki