HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.16763 OF 2025 ORDER : (ORAL)

This writ petition is filed by the petitioners seeking to declare the action of respondent No.3 in not passing any orders pursuant to the explanation submitted by them through letter dated 05.05.2025 to the intimation dated NIL.04.2025, as being illegal, arbitrary and unconstitutional.

2. Heard Mr. K. Venumadhav, learned counsel for the petitioners; Mr. Pasham Mohith, learned Standing Counsel for GWMC, appearing for respondents No.2 and 3; and perused the material on record.

3. Learned counsel for the petitioners submitted that petitioner No.1 is the owner and possessor of the plot admeasuring 250 square yards in Survey No.554, situated at Hanamkonda Village and Mandal, Warangal Urban District, now at Hanamkonda District having purchased the same under registered sale deed bearing document No.15640 of 2018 dated 23.07.2018. Petitioner No.1 submitted application for regularization of the said plot under Layout Regularization Scheme and proceedings dated 25.04.2018 were issued regularizing the subject property by collecting requisite charges. It is submitted that petitioner No.1 gifted an extent of

125 square yards out of 250 square yards in favour of petitioner No.2 under registered gift deed bearing document No.18788 of 2024 dated 13.08.2024. That upon submission of applications, the petitioners were granted building permission vide permit Nos.428098/GWMC/4249/2024 and 428109/GWMC/4251/2024 dated 22.08.2024 for construction of ground + 1 upper floor in the subject property. It is further submitted that the petitioners proceeded with the construction of the building in accordance with the sanctioned plan. While so, respondent No.4 made a complaint stating that the petitioners, having obtained building permission for construction in land in Survey No.551/1, are constructing RCC building in his land in Survey No.553/1 and requested for cancellation of the building permissions granted in favour of the petitioners. Pursuant thereto, intimation dated NIL.04.2025 was issued by respondent No.3 to which the petitioners submitted detailed explanation dated 05.05.2025. However, respondent No.3 has not passed any orders. In the meanwhile, the municipal officials are interfering with the construction activity undertaken by the petitioners, as such, they are constrained to approach this Court seeking to direct respondent No.3 to pass orders pursuant to the explanation submitted by them.

4. Learned Standing Counsel for GWMC submitted that appropriate orders will be passed by the respondent authorities in accordance with law as expeditiously as possible.

5. In the circumstances, this writ petition is disposed of directing respondent No.3 to pass appropriate orders pursuant to the explanation dated 05.05.2025 submitted by the petitioners to the intimation dated NIL.04.2025, by giving opportunity of hearing to the petitioners and to respondent No.4, in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. Until enquiry is concluded by respondent No.3, there shall not be any interference with the construction activity undertaken by the petitioners pursuant to the building permissions granted in their favour.

6. As order is passed without entering into the merits of the case, notice to respondent No.4 is dispensed with. However, if respondent No.4 is, in any way, aggrieved by this order, he is given liberty to approach this Court seeking modification of this order. There shall be no order as to costs.

As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed.

_______________________

B. VIJAYSEN REDDY, J June 19, 2025

NOTE: Issue C.C. by 20.06.2025

(BO) RRK