THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.12005 of 2022

ORDER

This writ petition is filed for the following relief: “…to issue a Writ of Mandamus declaring the action of the respondents more particularly the 4th respondent in demolishing the compound wall of residential House bearing No.12-5-12/1( old No.12-5-105/1A) in Ward No.12, Block No.5, admeasuring 668.40 sq.yards within the limits of Municipal Corporation, Nizamabad of Arsapally village, Nizamabad District as illegal, arbitrary, without notice and in violation of principles of natural justice, contrary to Articles 21 and 300-A of the Constitution of India and consequently to direct the respondents not to interfere with the possession by further directing either to reconstruct the compound wall illegally demolished by them or to pay the damages amounting to Rs.5,00,000/- towards the reconstruction of the compound wall in respect of House bearing No.12-5-12/1, (old No.12-5-105/1A) admeasuring 668.40 sq. yards in Ward No.12, Block No.5 within the limits of Municipal Corporation Nizamabad of Arsapally village, Nizamabad District…”

2. Heard learned counsel for the petitioners and Sri Rakesh Kumar, learned Assistant Government Pleader for Revenue, appearing for respondent Nos.1 to 4.

3. Learned counsel for the petitioners would submit that vide notice dated 31.12.2021 in file No.A/355/2021, respondent No.4 – Tahsildar had issued a notice to the petitioner seeking explanation on the aspect of construction of compound wall pertaining to the land belonging to grave yard situated in Sy.No.134, admeasuring 234.76 sq.yards situated at Arsapally Village Shivar, Nizamabad District (herein after referred as subject property) and accordingly seven (07) days time has been given to the petitioner for filing such explanation before respondent No.4.

4. Learned counsel for the petitioners would vehemently contend that by the time being an explanation was given by the petitioner in the form of reply dated 10.01.2022. But, without giving any consideration to the explanation, without there being any order of demolition and without putting the petitioner on notice, respondent No.4 had demolished the compound wall, which is illegal and impermissible under law.

5. Learned counsel for the petitioners drawn attention of this Court that aggrieved by the action of unofficial respondents, petitioners filed a suit vide O.S.No.36 of 2012 on the file of the Principal Junior Civil Judge at Nizamabad. Vide its order dated 22.09.2017, the trial Court granted Perpetual Injunction in favour of the petitioners, restraining the defendants therein in interfering with the peaceful possession and enjoyment of the plaintiffs over the suit schedule property. Due to the pressure exerted by the defendants in O.S. No. 36 of 2012, respondent No.4 has not granted permission for the construction of the compound wall. Accordingly, he would submit that the petitioners’ right to construct compound wall within the boundaries is in clear violation of Article 300-A of Constitution of India.

6. Learned counsel for the petitioners also relied upon the photographs, where the compound wall belonging to the petitioner is being demolished with the help of JCB in the presence of the official respondents. It is further submitted that the photographs have seen without any compound wall, allowing animals to roam in the open area within the boundaries of the house of the petitioners. Learned counsel for the petitioner also relied upon the building permission order under Section 174 (2) of Telangana Municipalities Act, 2019 permitting the petitioners for construction of Part of M.P.L.No. (12-5- 12/1) old No.(12-5-105/1A) to an extent of 164.06 Sq.meters (196.21 Sq.yds) in Arsapally Village, Nizamabad District by collecting necessary charges.

Hence, he would seek to allow this writ petition directing the respondents not to interfere with the possession and enjoyment of the petitioners herein and also to direct the respondents t