HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.31794 OF 2025 ORDER : (ORAL)

This writ petition is filed by the petitioner seeking to declare the action of respondents No.2 and 3 in not considering her representation dated 10.10.2025 regarding the unauthorized construction being made by respondent No.4 by encroaching upon her property bearing Plot No.131, admeasuring 100 square yards, situated at Nizampet Village and Municipal Corporation, Bachupally Mandal, Medchal-Malkajgiri District, as being illegal, arbitrary and unconstitutional.

2. Heard Mr. G.Arun Kumar, learned counsel for the petitioner; Mr. Putta Krishna Reddy, learned counsel for respondents No.2 and 3;

and perused the material on record.

3. The petitioner claims to be the owner of the subject property bearing Plot No.131, admeasuring 100 square yards, situated at Nizampet Village and Municipal Corporation, Bachupally Mandal, Medchal- Malkajgiri District, having purchased the same under registered sale deed bearing document No.23044 of 2021 dated 16.08.2021. The petitioner applied for building permission under the Telangana State Building Permission Approval and Self Certification System (TS-bPASS) Act, 2020 dated 18.05.2022 for construction of ground + 1 floor in respect of the subject property and she was granted building permission vide letter of approval for commencement of work dated 02.06.2022. However, respondent No.4, who is the neighbour of the petitioner, started constructing Villas in deviation of the sanctioned plan by encroaching the road margin including the subject property. Learned counsel for the petitioner submitted that the petitioner filed suit in O.S. No.493 of 2022 before the learned Principal Junior Civil Judge, Medchal against respondent No.4 for perpetual injunction and the same is pending. The petitioner submitted representation dated 10.10.2025 to respondent No.2 to take action against respondent No.4 for illegally constructing compound wall by encroaching the subject land of the petitioner. The grievance of the petitioner is that so far her representation has not been acted upon, as such, she was constrained to approach this Court.

4. Learned Standing Counsel for respondents No.2 and 3 submitted that the petitioner was granted building permission in 2022 which got lapsed. That after lapse of three (3) years of the building permission, the petitioner approached this Court seeking for disposal of her representation. It appears there is a civil dispute pending between the petitioner and respondent No.4. Learned Standing Counsel submitted that respondent No.2 does not have jurisdiction to decide the title and boundary disputes. In any case, the petitioner has filed the suit in O.S. No.493 of 2022, as such, the writ petition lacks merits.

5. However, considering that the petitioner submitted representation dated 10.10.205 alleging that respondent No.4 has encroached the public road including the subject property bearing Plot No.131, admeasuring 100 square yards, situated at Nizampet Village and Municipal Corporation, Bachupally Mandal, Medchal-Malkajgiri District, this writ petition is disposed of directing respondent No.2 to consider the representation of the petitioner dated 10.10.025 regarding the unauthorized construction being made by respondent No.4 by encroaching upon the subject property, by giving opportunity of hearing to the petitioner and respondent No.4, and pass appropriate orders in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order.

6. As the 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, she is at 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.

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B. VIJAYSEN REDDY, J