THE HON’BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.26581 OF 2024

ORDER

Heard learned Counsel for the petitioners, learned Government Pleader for Municipal Administration & Urban Development appearing on behalf of respondent No.1, Sri P. Sridhar Rao, learned Standing Counsel appearing on behalf of respondent No.2, learned Government Pleader for Revenue appearing on behalf of respondent No.3 and with the consent of learned Counsel appearing for parties, the Writ Petition is taken up for hearing and disposal at the stage of admission.

2. Having regard to the nature of lis involved and manner of disposal of the Writ Petition, this Court is of the view that notice to unofficial respondents is not necessary for adjudication of the present Writ Petition.

3. Shorn of unnecessary details, the case of the petitioners in brief, is that on noticing the unofficial respondents making construction of an iron sheet shed being made by the unofficial respondents without obtaining any permission or sanction from the 2^nd respondent authority had approached the respondent authority and submitted representation dated 17.08.2024 bringing to the notice of the respondent authorities the pending civil litigation surrounding the said property and sought for initiation of the action.

4. It is the further case of the petitioners that insptie of the petitioners approaching the respondent authority and submitting the aforesaid representation, no action is taken against the unauthorized and illegal construction being made by the unofficial respondents which action it is contended is highly illegal, arbitrary and in dereliction of duties conferred on the 2^nd respondent under the Telangana Municipalities Act, 2019.

5. Per contra, learned Standing Counsel appearing on behalf of respondent No.2 submits that the unofficial respondents claiming to have purchased the land to an extent of Ac.2.05½ Gts. under a registered sale deed and having made an application for conversion of the said land from Agriculture use to non-agriculture use, in order to protect the aforesaid land, have erected a tin shed room therein. Since, the said construction has been made without obtaining any building permission or sanction from the 2nd respondent authority, the authorities have caused a show cause notice dated 05.07.2024 calling upon the unofficial respondents not to proceed with further construction.

6. Learned Standing Counsel further submits that since the authorities have already issued show cause notice and called upon the unofficial respondents not to proceed with further construction, this Court may take note of the aforesaid submission.

7. I have taken note of the respective contentions urged.

8. Though the 2^nd respondent claims of issuing a show cause notice calling upon the unofficial respondents to submit explanation to the same and also the statement made to this Court that the unofficial respondents not proceeding with further construction, it is to be noted that the case of the petitioners is that the unofficial respondents having made construction of tin shed in the land which the petitioners claim to be theirs.

9. Though on behalf of the 2^nd respondent it is contended that the unofficial respondents claiming to have purchased the land admeasuring Ac.2.05½ Gts. and making an application for conversion of the subject land from Agricultural use to non- agricultural use and in order to protect the said land from being encroached upon having made construction of a tin shed therein, the said construction of a shed would be covered by the term ‘building’ as defined under Section 2(5) of the Telangana Municipalities Act, 2019 (for short ‘the Act’). Inasmuch as the said definition is wide enough to take in its ambit the erection of a shed even though the same is claimed to be with tin sheets, permission is required to be obtained under Section 174 of the Act. Since, the unofficial respondents admittedly did not obtain any permission or sanction from the 2^nd respondent authori