THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.15916 OF 2025

ORDER:

This writ petition is filed by the petitioner seeking the following relief:

“… to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the speaking order dated 25-11-2024 vide Lr.No.G1/UC/44/2024 and notice of revocation dated 20- 11-2024 vide no.443944/MANC/0887/2024 issued by the Commissioner, Mancherial Municipality and also his action in sealing the house bearing number 12-7747/13/5 (adm. 346 sq. yards) situated at Sy.Nos.199/1, 199, 199/4 of Mancherial Shivar without considering petitioner’s explanation to the show-cause notice and without following due procedure as illegal, arbitrary, contrary to law and contrary to Telangana Municipalities Act 2018, in violation of principles of natural justice and in violation of Articles 14, 21 and 300A of Constitution of India and consequently set aside the orders dated 25-11-2024 and 20-11-2024 with a direction to the respondents to forthwith unseal the premises and be pleased to pass …”

2. Heard Mr. P. Lakshma Reddy, learned counsel for the petitioner, and Mr. Putta Krishna Reddy, learned standing counsel for Municipalities, appearing for respondent No.2.

3. Petitioner claims to be the owner of the property bearing H.No.12-7747/13/5 admeasuring 346 square yards in Survey Nos.199/1, 199 and 199/4 situated at Mancherial Shivar having purchased the same under registered sale deed bearing document No.761 of 2016 dated 20.01.2016. Petitioner applied for permission for construction of building in the subject property with respondent No.2 in the year 2016 and he was granted building permission by respondent No.2.

4. It is stated that due to paucity of funds, he could not proceed with the construction and the building permission was lapsed in the year 2019. On 21.10.2024, petitioner made another application for construction of Stilt + three (3) upper floors building in the subject property with respondent No.2. By order dated 21.10.2024 vide permit No.443944/MANC/08872024, respondent No.2 granted permission for construction of building in the subject property.

5. It is stated that petitioner proceeded with the construction in the subject property by maintaining necessary setbacks as provided under the sanction plan. Show-cause notice vide Lr.No.G1/UC/ 44/2024 dated 24.10.2024 was issued to the petitioner by respondent No.2 alleging that he commenced the construction without leaving mandatory setbacks and buffer zone on Nala which is in deviation of the building permission obtained through self-certification.

6. It is stated that petitioner submitted reply dated 12.11.2024 to the show-cause notice dated 24.10.2024. Thereafter, revocation order vide Notice No.443944/MANC/0887/2024 dated 20.11.2024, and consequently speaking order vide Lr.No.G1/UC/44/2024 dated 25.11.2024 was issued by respondent No.2 as per the Section 174(4) and 178(2) of the Telangana Municipalities Act 2019 (for short ‘Act 2019’) directing the petitioner to remove the unauthorized construction in the subject property. It is further stated that pursuant to the speaking order dated 25.11.2024 the subject property of the petitioner was sealed by respondent No.2.

7. Learned standing counsel for Municipalities, appearing for respondent No.2, submitted that petitioner has an effective alternate remedy before the appellate authority under Section 252(1) of the Act 2019. Petitioner has constructed the building without maintaining mandatory setbacks, did not leave buffer zone on the west side of the property and the reply submitted by the petitioner was not satisfactory, as such, impugned order was passed. There are no merits in the writ petition and liable to be dismissed.

8. In the speaking order dated 25.11.2024, respondent No.2 stated that petitioner has not submitted any explanation regarding buffer zone, road effected area and the extent of the property; petitioner has commenced the construction work in the