The court mandated the Municipality to expeditiously process the pending regularization application for unauthorized construction, emphasizing compliance with statutory timelines and precedents set by the Supreme Court.

ORDER :

1. Writ Petition No.25910 of 2015 is filed to issue a writ of Mandamus directing respondent Nos. 2 and 3 to consider the representation dated 15.06.2015 submitted by petitioner and his brother against the illegal construction raised by respondent No.4 by encroaching upon an extent of 20’ feet wide Master plan road, contrary to the building permission sanctioned by Municipality, vide Building Permit No.112/2013, dated 12.11.2013, and for consequential relief.

2. Writ Petition No.19807 of 2016 is filed to issue a writ of Mandamus declaring the action of respondent No.2 in threatening to demolish the petitioner’s building bearing H.No.6-10-86/1, situated at Bhuktapur, Adilabad Town, without considering the explanations, dated 15.10.2015, 07.12.2015, 08.12.2015 and 21.01.2016, submitted by the petitioner, as illegal and arbitrary and for consequential relief.

3. Since the parties, the subject property and the issue involved in both the Writ Petitions are same, both the Writ Petitions are heard together and are being disposed of by this common order.

4. Writ Petition No.19807 of 2016 is taken as lead case insofar as the facts of the case are concerned.

5. For convenience, hereinafter, the parties will be referred to as they are arrayed in Writ Petition No.19807 of 2016.

6. Heard Sri C.Hari Preeth, learned counsel for the petitioner, Sri Krishna Reddy Putta, learned Standing Counsel for respondent No.2-Municipality and Sri V.Rohith, learned counsel representing Sri V.Ravi Kiran Rao, learned counsel-on-record for respondent No.3.

7. Learned counsel for petitioner submitted that the petitioner is owner and possessor of house bearing H.No.6-10-86/1, admeasuring 140.66 square yards, situated at Adilabad Town, having purchased the same under registered sale deed No.1358/2012, dated 24.02.2012; that the name of the petitioner was mutated in municipality records; that petitioner made an application for grant of permission for construction; that the same was considered and permission was granted for construction of Ground + one upper floor vide File No.G1/BA/854/2013, dated 12.11.2013; and that the petitioner constructed building as per the sanctioned plan.

7.1. Learned counsel further submitted that respondent No.3 made a representation dated 15.06.2015 to respondent No.2 stating that the petitioner has raised structures contrary to the sanctioned plan and encroached road portion of 20 feet and sought to take action; that respondent No.3 has also filed Writ Petition No.25910 of 2015 seeking direction to respondent No.2 to consider the representation dated 15.06.2015 submitted by him praying to take action against the illegal construction raised by petitioner, wherein the petitioner is arrayed as respondent No.4.

7.2. Learned counsel for petitioner further submitted that in Writ Petition No.25910 of 2015, considering the report submitted by respondent No.3 therein-Adilabad Municipality, the said respondent was directed to take action as warranted by the Municipalities Act, by duly issuing notice to respondent No.4 therein, i.e., the petitioner herein and accordingly, respondent No.2-Adilabad Municipality issued notice dated 24.09.2015 and petitioner submitted a detailed explanation dated 15.10.2015, but without considering the same, respondent No.2 issued another notice dated 14.12.2015 and petitioner submitted explanation dated 18.12.2015 denying the allegations made in the notice; that the petitioner lodged a complaint before respondent No.2 on 11.09.2015 seeking to take action and the same is pending.

7.3. Learned counsel further submitted that