THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.24012 OF 2024

O R D E R

In this Writ Petition, the petitioner is challenging the notice dt.27.08.2024 issued by the 5^th respondent for removal of the unauthorised construction made by the petitioner.

2. Learned counsel for the petitioner, while reiterating the submissions made in the Writ Petition, submitted that the petitioner’s father was owner of Ac.0.06 guntas of land in Survey No.404/AA situated at Thuniki Bollarum Village, Mulugu Mandal, Siddipet District and after some time, he has given the said property to the petitioner and his brothers and the petitioner got Ac.0.02 guntas of land. It is submitted that the petitioner’s brothers have already constructed their houses in the years 2008 and 2011 and the petitioner started construction in the year 2022. According to the petitioner, he also completed construction in the year 2022 and according to the respondents, the petitioner has started construction in the year 2022 and in order to prevent the construction, the 6^th respondent has filed O.S.No.246 of 2022 on the file of the Additional Junior Civil Judge, Gajwel seeking permanent injunction against the petitioner and his father and thereafter, as the construction was being made, he filed another suit in O.S.No.462 of 2022 seeking demolition of the illegal construction. It is submitted that the 5^th respondent has issued a notice on 10.05.2023 not to make any construction during the pendency of the civil suit and without waiting for disposal of the civil suit, the 5^th respondent has again issued the impugned notice dt.27.08.2024 for demolition of the construction.

3. The 5^th respondent has filed a counter affidavit stating that the petitioner has made construction without making any application for building construction. The learned Standing Counsel for the 5^th respondent has further submitted that prior to issuance of the notice dt.10.05.2023, two other notices had also been issued to the petitioner by the 5^th respondent, but the petitioner has not responded to the same.

4. Learned counsel for the 6^th respondent, on oral instructions, submitted that the 6^th respondent is the owner of the subject property and the writ petitioner has not produced any documents to show that he is the owner of the property.

5. Having regard to the rival contentions and the material on record, this Court finds that admittedly, the petitioner has raised construction without making any application for building construction and has also completed the construction. The 5^th respondent issued notice in the year 2023 to stop construction pending disposal of the civil suit and has again issued the impugned notice for demolition. Having regard to the fact that there are other constructions in the same area by the brothers of the petitioner and the petitioner claims to be the owner of the subject property, this Court deems it fit and proper to direct the 5^th respondent to issue a fresh notice requiring the petitioner to produce relevant documents to prove his title over the subject property and if the 5^th respondent is satisfied with the documents furnished by the petitioner, then the 5^th respondent may thereafter consider regularisation of the building if the petitioner makes an application to this effect and if the law permits. Otherwise, if the petitioner is not able to file any documents to prove his title before the authorities, the 5^th respondent is free to proceed with in accordance with law. The entire exercise of issuance of notice and taking action shall be completed within a period of two (2) months from the date of receipt of a copy of this order.

6. With the above directions, the Writ Petition is disposed of. No order as to costs.

7. Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed.

___________________________ JUSTICE T. MADHAVI DEVI Date: 01.07.2025 Svv