THE HON’BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.34001 of 2023

ORDER

This Writ Petition is filed for issuance of a Writ of Mandamus to declare the action of the 3^rd respondent for issuing demolition notice, vide proceedings in Lr.No.242289/TKJL/3113/2022, dt.12.12.2023, served on the petitioner on 14.12.2023 , as being illegal, arbitrary and in violation of the principles of natural justice and Section 174 of the Telangana Municipalities Act, 2019 (for short, ‘the Act’), with a consequential direction to the respondents-authorities to quash the impugned demolition notice.

2. Heard learned counsel for the petitioner; learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1; learned Government Pleader for Revenue appearing for respondent Nos.2 and 6; Sri G.Malla Reddy, learned Standing Counsel appearing for respondent No.3; and learned Government Pleader for Irrigation appearing for respondent Nos.4 and 5. With the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the stage of admission.

3. Having regard to the manner of disposal of the Writ Petition at the admission stage, and the lis involved in this Writ Petition, this Court is of the view that notice to unofficial respondent No.7 is not necessary for adjudication of the present Writ Petition.

4. Petitioner contends that he is the owner of land admeasuring 128 square yards in Plot No.1 (eastern part) in Sy.Nos.11 and 12 situated at Munaganoor Villae, Abdullapurmet Revenue Mandal, Ranga Reddy District, having purchased the said extent of land under a registered sale deed executed on 12.04.2018 for valuable consideration.

5. Petitioner further contends that in respect of the aforesaid land of 128 square yards forming part of larger extent of 256 square yards of land, he had approached the respondents-authorities and obtained building permission on 22.12.2022 and that the respondents-authorities after causing verification have issued Work Commencement Letter on

27.12.2022.

6. Petitioner further contends that on the strength of the aforesaid Work Commencement Letter issued by the 3^rd respondent, the petitioner had commenced the construction work and that while proceeding with the construction, the petitioner has been issued with a show cause notice dt.24.06.2023, calling upon the petitioner to show cause as to why the building permission granted in his favour should not be revoked under Sections 176, 177, 178 and 181 of the Act; that the petitioner had submitted his reply to the said notice on 10.07.2023; and that without considering this explanation/reply submitted to the notice and without passing an order under Section 178 of the Act, the impugned order has been passed under Section 181 of the Act.

7. Petitioner further contends that the 3^rd respondent could not have straight issued proceedings invoking Section 181 of the Act without passing an order under Section 178 of the Act, being a pre-condition; that the basis for issuance of the show cause notice is the report of Girdhavar, who is stated to have conducted inspection of the subject land on 21.06.2023; that the said report has not been furnished to the petitioner; and thus, the impugned order passed under Section 181 of the Act, sealing the subject property, is illegal.

8. Per contra, learned Government Pleader for Irrigation appearing for respondent Nos.4 and 5 would submit that since the subject land of the petitioner falls within a buffer zone of Nala (Dilawarkhan Cheruvu sluice to Appalonikunta Cheruvu); and that since the width of the canal is less than nine meters, the buffer zone that is required to be maintained is two meters from the edge of the canal and since the building permission obtained by the petitioner and the construction being made on the strength of the aforesaid permission is coming into the two meter buffer zone, the irrigation authorities along with the revenue authorities have conduct