THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.26228 OF 2024

ORDER :

This writ petition is filed by the petitioner seeking to declare the action of respondent No.2 - the Commissioner, Mahabubabad Municipality, in passing Order No.07/UC/MAB/2024 dated 17.09.2024, directing him to remove the erected gate in the property bearing Door No.1-5-42, situated near Kuravi Gate, Mahabubabad Village and Mandal, Warangal District, as being illegal and arbitrary, and consequently direct respondent No.2 not to interfere with the peaceful possession and enjoyment of the petitioner over the subject property.

2. Heard Mr. C. Naresh Reddy, learned counsel for the petitioner, Mr. Putta Krishna Reddy, learned standing counsel for Municipalities, appearing for respondent Nos.2 and 3, and Mr. B. Balaji, learned counsel for respondent Nos.4 and 5, and perused the material on record.

3. The case of the petitioner is that he along with his family members purchased the land admeasuring 3365 square yards with constructed buildings bearing Door No.1-5-42, situated near Kuravi Gate, Mahabubabad Village and Mandal, Warangal District, i.e., subject property, in the auction conducted by the Andhra Pradesh State Financial Corporation (for short ‘APSFC’). The APSFC executed registered sale deed bearing document No.352 of 2006 dated 22.02.2006 in respect of the subject property in favour of the petitioner and his family members. Thereafter, the petitioner purchased his uncle’s 20% share in the subject property under registered release deed bearing document No.7994 of 2017 dated 19.12.2017, and subsequently the name of the petitioner was also mutated in the Gram Panchayat records vide certificate dated 04.08.2007.

4. Learned counsel for the petitioner submitted that as the building in the subject property was in dilapidated condition, the petitioner demolished the building and constructed compound wall for protection of the subject property. While things stood thus, when respondent Nos.2 and 3 tried to interfere with the possession and enjoyment of the petitioner over the subject property, the petitioner filed W.P. No.17505 of 2021, which was disposed of by this Court by the order dated 06.09.2021, directing respondent No.2 therein, to take action against the petitioner, in accordance with law, and pass appropriate orders, by putting the petitioner and all other interested persons on notice and by affording opportunity of hearing to them. Till such exercise was completed, respondent Nos.2 and 3 therein were directed not to dispossess the petitioner and his family members from the subject property.

5. Learned counsel for the petitioner further submitted that despite the order passed by this Court in W.P. No.17505 of 2021 dated 06.09.2021, in violation of the said order, respondent Nos.2 and 3 came to the subject property and damaged the compound wall and the gate. Aggrieved by the same, the petitioner filed contempt case in C.C. No.1753 of 2024. It is submitted that subsequently respondent No.2 has issued notice vide ROC.No.G1 /TP/1099/2023 dated 31.08.2024 directing the petitioner to produce the ownership, link documents and building permission in respect of the subject property. However, due to personal reasons, the petitioner could not appear before respondent No.2 and submit documents. Further, respondent No.2 issued notice dated 09.09.2024 to the petitioner directing him to come to his office along with relevant documents. In compliance of the same, the petitioner appeared before respondent No.2 on 12.09.2024 and submitted all the relevant documents.

6. Learned counsel for the petitioner further submitted that respondent No.2 without issuing any show-cause notice and without giving opportunity of hearing to the petitioner, passed the impugned order dated 17.09.2024, directing him to remove the erected gate from the subject property within a period of seven (7) days, failing which respondent No.2 would take action, in accordance with law.

7. Learned