THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI W.P.NOs. 23600 AND 25565 OF 2022

COMMON ORDER:

W.P.No.23600 of 2022:

In this writ petition, the petitioners are seeking a writ of mandamus declaring the action of the respondents particularly the respondents No.4 to 6 in demolishing the subject property on 06.05.2022 and issuing the notice dated 27.04.2022 and interfering with the construction work undertaken by the petitioners in the land admeasuring 223 sq.yards on Plot No.12/33 in Survey No.596, situated in the limits of Bibi Nagar Village and Mandal, Yadadri-Bhongir District, as illegal, arbitrary and consequently to set aside the notice dated 27.04.2022 issued by the respondent No.5 and direct the respondents No.4 to 6 not to interfere with the construction undertaken by the petitioners on the subject property and to pass such other order or orders in the interest of justice.

2. Vide orders dated 09.07.2025 in I.A.No.02 of 2022, the petitioner in W.P.No.25565 of 2022, got impleaded as respondent No.7 in W.P.No.23600 of 2022.

3. Brief facts leading to the filing of the present writ petition are that the petitioners claim to be the absolute owners and possessors of the open Plot No.12/33, admeasuring an extent of 451 Sq.yards, equivalent to 377.06 Sq.meters in Survey No.596, situated in the limits of Bibi Nagar Village and Mandal, Yadadri Bhongir District, having jointly purchased the same through registered sale deed bearing document No.6086/2005, dated 02.12.2005 from its absolute owner Mohd.Ifranuddin, S/o.Late Mohd.Burhanuddin, who had earlier purchased the same through registered sale deed bearing document No.1276/1984, dated 28.08.1984 from its original owners. It is submitted that after purchase of the property by the petitioners, the Government has acquired an extent of 228 Sq.yards, for widening the National Highway-202 vide Proceedings No.B/1690/2010, dated 14.12.2016 and the petitioners were also paid the compensation accordingly and the petitioners claims to be in possession of the remaining land to the extent of 223 Sq.yards.

4. It is submitted that the petitioners decided to construct a building in the said land and submitted an online application dated 02.10.2021 to the respondents No.5 and 6 for construction of a residential building for the ground floor by enclosing the copy of the sale deed along with the link documents and proposed construction plan. It is submitted that the respondents No.5 and 6 having received the online application dated 02.10.2021, have allotted the application number and that the same was not reverted by the authorities within the prescribed time and therefore, the petitioners have given a notice dated 18.10.2021, intimating that they are proceeding with the construction in accordance with the plan submitted for construction. Thereafter, the petitioners claim to have proceeded with the construction of the subject house. However, the respondent No.5 has issued a notice to the petitioners on 27.04.2022, directing the petitioners to stop the construction and consequently the petitioners approached the respondents and explained about the pendency of their building application permission and also about the notice of commencement of construction. It is submitted that the respondents No.4 to 6 started interfering with the petitioners construction work and stopped the construction on 27.04.2022 after issuance of the impugned notice and on 06.05.2022 it is alleged that the respondents No.4 to 6 along with staff of the Gram Panchayat trespassed into the construction site and without issuing any notice to them, have partially demolished the side walls of their residential property and caused huge loss to the petitioners. Therefore, challenging the notice dated 27.04.2022 and also declaration that the action of demolition on 06.05.2022 as illegal and arbitrary, the present writ petition has been filed.

5. Learned counsel for the petitioners submitted that demolition of the building is without any issuance o