Construction without required permissions violates established procedural law, leading to enforced accountability for damages caused to neighboring properties.

ORDER :

1. In the writ petition i.e. W.P.No.33919 of 2024, the petitioner is seeking a declaration that the impugned notice No.GPA/2024, dated 27.11.2024, issued by the respondent No.6 for demolition of the petitioner’s house bearing No.11-76 at Akunur Village, Cheryala Mandal, Siddipet District, on 03.12.2024, as illegal and arbitrary and high handed and to pass such other order or orders in the interest of justice.

2. Brief facts leading to the filing of the writ petition i.e., W.P.No.33919 of 2024 are that the petitioner purchased a house bearing No.11-76, admeasuring 275 sq.yards, situated at Akunur Village, Cheryala Mandal, Siddipet District, in the year 2011, from one Manchala Krishnamurthy, for a valuable consideration and subsequent thereto, the Government acquired an extent of 40 sq.yards from the said land in the year 2021 as part of road widening of Dhulimetta-Cheryala road and thereafter, till December-2023, the petitioner was residing in the said house along with his family. It is submitted that since the said house was ninety years old and since the Government had also taken away 40 sq.yards of land in 2021, the petitioner demolished the said house in December-2023 and planned for construction of a new house and therefore, the petitioner applied online on 06.03.2024 for house construction permission and the said application has also been acknowledged by the authorities. However, the same was shown as under process and since there was no further communication from the authorities, the petitioner has proceeded with construction. It is submitted that while the matter stood thus, the respondent No.6 had directed the petitioner to attend their office on 06.08.2024 and when the petitioner attended their office, he was handed over four old dated notices i.e., 05.04.2024, 10.05.2024, 27.06.2024 and 26.07.2024, but when the petitioner refused to accept the said notices, the respondent No.6 allegedly informed him that if he receives the notices and give reply to the same, he would ensure the grant of building permission. It is submitted that the petitioner thereafter made another online application for building permission and the documents were submitted in the office of the respondent No.6, but the respondent No.6 refused to receive the same and therefore, another application was also made for building permission. It is thereafter that the petitioner made a representation on 15.10.2024 to the respondent No.6 along with a copy endorsed to the District Collector and District Panchayat Officer respectively, for grant of building permission, but for reasons best known to them, the building permission was not granted to the petitioner and it is thereafter, that the respondent No.6 issued the impugned notice dated 27.11.2024 stating that basing on the complaint made by the neighbor of the petitioner, i.e., the respondent No.12 herein, on 11.09.2024, an inquiry was conducted by District Panchayat Officer, Cheryala and it was noticed that the house consisting of ground+two floors was constructed without leaving any setbacks and that the said construction was made without any permission from the competent authority and that the said house will be demolished on 03.12.2024 at 11.30 a.m. The petitioner, therefore, approached this Court by way of a lunch motion on 02.12.2024 and this Court had granted an interim direction not to take any action pursuant to the impugned notice dated 27.11.2024. Thereafter, the respondent No.12 has filed W.P.No.9353 of 2025 challenging the inaction on the part