THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY ORDER : (ORAL)

Heard Mr. Syed Wahed Ali, learned counsel for the petitioner, and Mr. Putta Krishna Reddy, learned standing counsel for the Municipalities, appearing for respondent No.2.

2. The petitioner is a registered welfare association bearing Registration No.290/2012 representing the residents of Venkata Sai Homes, a residential gated community situated in Survey Nos.307/Part and 309 of Nizampet Village, Medchal-Malkajgiri District. The layout was developed by Mr. V. Srinivasa Rao in the year 2006-08. In the said layout there is internal 33’-00 feet wide road and other amenities like drainage and street lights etc. which are exclusively for the benefit of the members of the petitioner - association. The said road is used for the ingress and egress by all the residents of the gated community.

3. Learned counsel for the petitioner submitted that at the end of the gated community layout, a small structure was raised for installing Lord Ganesh idol. The idol was installed several years ago. While so, the son of respondent No.3, Mr. B. Ashok, lodged complaint against the petitioner - association and also filed W.P. No.6466 of 2012 alleging that the petitioner - association has constructed arch and security rooms by obstructing 33’-00 feet Gram Panchayat road forming part of layout in Survey Nos.307/P, 309/P, 311, 312 and 317 of Nizampet Village. This Court has passed order directing the Gram Panchayat, Nizamapet, respondent No.3 therein, to conduct enquiry and submit report. Pursuant thereto, detailed report was submitted by respondent No.3 stating that there is no encroachment of the public road as alleged by the petitioner therein.

4. It is submitted that based on such report, W.P. No.6466 of 2012 was dismissed by this Court by the order dated 31.01.2017. Thereafter, the petitioner therein (Mr. B. Ashok, son of respondent No.3 herein) preferred appeal in W.A. No.827 of 2017, which was also dismissed by this Court by the judgment dated 03.08.2018 holding that there is no encroachment of the public road. The case of the petitioner is that respondent No.3 has re-agitated the same issue and lodged frivolous complaint on 27.10.2025 before respondent No.2 resulting in issuance of notice vide Lr.No.G1/126/TPS/NMC/2025 dated 04.11.2025. The impugned notice is illegal and in violation of principles of natural justice, and was issued at the behest of respondent No.3 in violation of Articles

14, 21 and 25 of the Constitution of India.

5. Learned standing counsel for respondent No.2 placed on record written instructions and submitted that on the complaint lodged by respondent No.3 on 27.10.2025 regarding the unauthorized construction that is being carried out by the petitioner - association by obstructing the public road, the site was inspected by the officials of respondent No.2 and it was observed that the residents of the Venkat Sai Homes (Villas) have raised pillars and laid slab for erecting a statue on the public road. In that connection, respondent No.2 issued impugned notice dated 04.11.2025 directing them to remove the unauthorized construction within seven (7) days.

6. Learned counsel for the petitioner submitted that impugned notice dated 04.11.2025 is issued without conducting any enquiry and without any prior intimation to the petitioner - assosication, in violation of principles of natural justice.

7. As it is stated by the learned counsel for the petitioner that impugned notice dated 04.11.2025 is issued in violation of principles of natural justice, the writ petition is disposed of, directing the petitioner to submit explanation to the notice dated 04.11.2025 within a period of seven (7) days from the date of receipt of a copy of this order. On receipt of such explanation, respondent No.2 is directed to conduct enquiry, and pass orders, by affording opportunity of hearing to the petitioner and respondent No.3, within a period of four (4) weeks thereof. Till such exercise is complet