HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.11847 OF 2023 ORDER : (ORAL)

Heard Mr. Chalakani Venkat Yadav, learned counsel for the petitioner; Mr. Pasham Mohith, learned Standing Counsel for Greater Warangal Municipal Corporation (GWMC), appearing for respondent Nos.3 and 4; and Mr. Aluvala Kedharnath representing Mr. Jithender Rao Veeramalla, learned counsel for respondent Nos.8 and 9, and perused the material available on record.

2. Learned counsel for respondent Nos.8 and 9 and learned Standing Counsel for respondent Nos.3 and 4 have taken preliminary objection to the maintainability of the writ petition. 3. It is submitted that at the first instance, W.P.No.6440 of

2022 was filed by the petitioner seeking a direction to GWMC to stop illegal construction of unofficial respondents. The said writ petition was dismissed by order dated 07.02.2022 by noting that building permissions have been granted to respondent Nos.8 and 9 and that dispute is regarding the encroachment of the petitioner’s property. This Court held that the dispute regarding encroachment can be decided by the civil court and the petitioner has to approach the civil court to settle the dispute. It was also noted that so far as respondent Nos.3 and 4 are concerned, there is no cause of action against them and no direction can be given to consider the representations of the petitioner with regard to encroachment.

4. In the instant writ petition, the petitioner sought for a relief to cancel the building permissions of respondent No.8 and respondent No.9 vide permit No.3006/24831/W54/2020 dated 01.12.2021 and permit No.3006/24850/W54/2020 dated 12.12.2021, respectively, pursuant to the representations dated

22.02.2023, 13.03.2023 and 20.03.2023.

5. Learned counsel for the petitioner submitted that the representations have been submitted by the petitioner for cancelling the building permissions, which is a new cause of action.

6. It needs to be noted that the fact of building permissions being granted to respondent Nos.8 and 9 was informed to this Court during hearing in W.P.No.6440 of 2022 and taking note of it, the writ petition was dismissed. Thus, the question of submitting representations and thereafter approaching this Court for the same cause of action does not arise. The observations and directions issued by this Court in W.P.No.6440 of 2022 operate against the petitioner and the dispute, if any, has to be sorted before the competent civil court. There is no cause of action for approaching this Court for the second time. There are no merits in the writ petition.

7. Accordingly, the writ petition is dismissed. No order as to costs.

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

____________________ B. VIJAYSEN REDDY, J

18.08.2025

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