IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
Pathlavath Prashanth Naik – Appellant
Versus
The State of Telangana – Respondent
WP 15361/2025
THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA
ORDER:
This writ petition is filed seeking the following prayer:-
“…..
to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in demolishing the compound wall of the petitioners house property bearing H No 18- 188/1/a/A/1 in Sy No 207/P covering Plot Nos 163/P 164/P 165/P 168/P and 169/P in an extent of 1000 sq yards at Raghavendra Colony Shadnagar Village Farooqnagar Mandal Ranga Reddy District without passing any order on the explanation submitted by the petitioners dt 16 05 2025 pursuant to the Notice issued by the 2nd respondent vide Notice No G1/TPS/259/SDNRJ2025 dt 15 05 2025 without following due process of law as illegal arbitrary unconstitutional and further threatening to lay a road in the petitioners property without conducting any survey and demarcation being arbitrary and contrary to the provisions of Municipalities Act and consequently direct the 2nd respondent to conduct survey and demarcate the property of the petitioners before laying any road over the petitioners property mentioned above and not to interfere with the construction of the compound wall in the existing demolished debris of the compound wall and to …”
pass
2. Heard Mr.K.Kiran Kumar, learned counsel for the petitioners and learned Standing Counsel for respondent Nos.2 & 3.
3. It is the case of the petitioners that the petitioners are the absolute owners and possessors of the land in H.No.18- 188/a/A/1, in Sy.No.207/P covering Plots Nos.163/P, 164/P, 165/P and 169/P to an extent of 1000 Sq. Yards at Raghavendra Colony, Shadnagar Village, Farooqnagar Mandal, Ranga Reddy District. The said property was obtained by the petitioners by virtue of a registered sale deed bearing document No.2735 of 1999, dated 04.10.1999.
4. Learned counsel for the petitioners further submits that respondent No.2 issued notice, dated 15.05.2025, directing the petitioners to demolish the compound wall within three days from the date of receipt of the said notice, failing which the respondent No.2 shall initiate action for removal of compound wall without any further notice and the cost of removal shall be recovered from the petitioners as per the Telangana Municipalities Act 2019.
5. The grievance of the petitioners is that the petitioners filed an explanation, dated 16.05.2025, pursuant to the notice, dated 15.05.2025, however, the 2nd respondent did not consider the said explanation submitted by the petitioners. Hence, the present writ petition.
6. In view of the above, this Court deems it appropriate to direct the respondents to consider the explanation, dated 16.05.2025, submitted by the petitioners and pass appropriate orders, in accordance with law, till then, the respondents are also directed not to take any coercive steps pursuant to the notice, dated 15.05.2025.
7. With the above said directions, this writ petition is disposed of. There shall be no order as to costs.
Miscellaneous applications, if any, pending in this writ petition, shall stand closed.
____________________________ NAGESH BHEEMAPAKA, J Date: 28.05.2025 Aqs/nds THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA
28.05.2025 AQS
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