O R D E R:

This writ petition is filed seeking the following relief:

(cid:147)(cid:133)(cid:133)to issue Writ or direction preferably Writ of Mandamus declaring the inaction of the Respondent No 1 is constituting the Town Planning Building Tribunal under section 179 of the Telangana Municipalities Act 2019 and also the inaction of the Respondent Nos 2 and 3 in demolishing the illegal construction being made by the Respondent No 5 in the premises bearing no 5- 7-286 situated at Rashtrapathi road in front of Railway Station Nizamabad as illegal arbitrary and violative of principles of natural justice and consequently direct the Respondent No 1 to forthwith constitute the Town Planning Building Tribunal and further direct the Respondent Nos 2 and 3 to forthwith demolish the illegal constructions being made by the Respondent No 5 and pass.(cid:133)..(cid:148)

2. On 10.01.2023, this Court permitted the learned counsel for the petitioner to take out personal notice to respondent No.5. It is the contention of the learned counsel for the petitioner that even after receipt of the notice, respondent No.5 has not appeared. Since respondent No.5 has neither filed any vakalat nor appeared personally, treating that respondent No.5 has no answer, this writ petition is being disposed of at the admission stage with the consent of other parties.

3. Mr. K. Pavan Kumar, Learned Counsel appearing for the petitioner has submitted that he is withdrawing the relief portion i.e. declaring the inaction of respondent No.1 in constituting the Town Planning Building Tribunal under Section 179 of Telangana Municipalities Act, 2019 and so far as demolition of the illegal constructions carried out by the unofficial respondent is concerned, he is pressing for the relief.

4. It is the case of the petitioner that he is resident of Nizamabad Town and that the unofficial respondent is making illegal constructions by encroaching upon 80 feet road found in the master plan which has been subsequently widened to 120 feet road. Having noticed the said fact, the petitioner has given representations dated 08.07.2022 and 19.08.2022 to respondent Nos.2 and 3 for removal of the illegal constructions being carried out by the unofficial respondent, but no action has been taken by respondent Nos.2 & 3, which constrained the petitioner to file the present writ petition.

5. A counter affidavit has been filed by respondent No.2 stating that on an adverse news published in the Bathukamma Newspaper on 20.12.2021, about the illegal constructions made in subject property, they have forwarded a letter to Enforcement Team by enclosing the above said paper clipping to take necessary action in the matter as per rules in force on top priority vide Lr.No:G1/TMS/1837/2021, dated 20.12.2021, thereafter, the Enforcement Team has conducted inspection of the building and submitted a report stating that the 5th respondent and three others have constructed the building without leaving setbacks on four sides, 5th floor and cellar and also constructed without permission which is in deviation to the sanctioned plan. Basing on the said report, the 2nd respondent issued orders dated 03.01.2022 directing the Enforcement Team to seal the building as per the provisions of Section 181 (1) of the Telangana Municipalities Act, 2019 and also directed the building owner not to remove the seal without prior approval from the competent authority and the said building was sealed by the enforcement team on 05.01.2022. Thereafter, the building owner has submitted a representation, dated 03.02.2022, requesting to provide an opportunity for rectifying the deviation portion undertaken by him and also requested to remove the seal. Considering the said representation, the enforcement team removed the seal for rectification of deviation portion dated 05.02.2022 and the building owner had removed the deviation portion on 23.03.2022. It is further submitted by the learned Standing Counsel that the petitioner again made a com