IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO
K.Nageshwar Rao – Appellant
Versus
The State of Telangana rep by its Principal Secretary – Respondent
WP 34980/2016
##PAGE1##
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD
HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO
WRIT PETITION NO.34980 OF 2016
DATE: 30.01.2026
Between:
K.Nageshwar Rao s/o. Thirpal, Aged 40 yrs.,
r/o.H.No.8-43/34 Boduppal village, Ranga
Reddy district and 13 others.
…. Petitioners
and
The State of Telangana, rep.by its
Prl.Secretary, Municipal Admn.& Urban
Development Department, Secretariat
Buildings, Hyderabad and another.
…. Respondents
ORDER:
Heard Mr. K.R.Sasidharan Nair, learned counsel representing
Mr.P.Ganga Rami Reddy (expired), learned counsel for petitioners on
record and Mr. V..Siddhartha Goud, learned counsel representing
Mr. V.Narasimha Goud, learned Standing Counsel for HMDA for
respondent No.2.
2. The instant writ petition has been filed declaring the action of
the 2nd respondent in proceeding with demolition of the buildings of
the petitioners in plot Nos.90, 87, 88, 88, 56 & 92, 28, 27, 25 & 26, 58,
60, 61, 103, 118, 105 and 52 covered by Sy.No.867 situated at
##PAGE2##2
Korremula village, Choudariguda Gram Panchayat, Ghatkesar
Mandal, Ranga Reddy district, as illegal, arbitrary and in violation of
principles of natural justice and consequently, to direct the 2nd
respondent not to demolish of the buildings of the petitioners over
the said plots.
3. The brief facts of the case are that, petitioners purchased the
said plots from A.Venkatesh, through his General Power of Attorney
Holder, Sri M.Durga Reddy, under registered sale deeds bearing
Document Nos.27080/2015, 10528/2016, 10529/2016, 10973/2016 &
9801/2016, 19865/2016, 17863/2016, 19864/2016 & 19862/2016,
4967/2016, 11930/2016, 11931/2016, 9633/2016, 4981/2016,
10936/2016 and 10460/2016, respectively, and their vendor has
obtained building permissions from the then Gram Panchayat
Chowdariguda and constructed the houses over the above house
plots. It is also contended that petitioners have obtained electricity
service connections to their houses and while the matter stood thus,
the 2nd respondent on 15.10.2016 has started demolition of houses
constructed at Sai Durga Nagar, Korremula, on the premise that the
houses were constructed in unapproved layout and the permission
obtained was also not proper and valid.
##PAGE3##3
4. It is the main contention of the writ petitioners is that, initially
building permissions were obtained by their vendor from the then
Gram Panchayat and the said area has subsequently come within the
jurisdiction of HMDA and thus, the 2nd respondent contemplated
action by demolishing the houses of the petitioners on the ground
that the permissions granted by the then Gram Panchayat are not
valid sanctions and are in violation of the due procedure as
contemplated under the HMDA Act, 2008.
5. At this juncture, Mr V.Siddhartha Goud, learned counsel
appearing for 2nd respondent has contended in the year 2017, the 2nd
respondent has filed the vacate petition vide WVMP No.1774 of 1017,
inter alia, contending that the vendor of the petitioners has applied
for regularization of the said plots under the Layout Regularization
Scheme issued by the then Government vide G.O.Ms.No.151
Municipal Administration & Urban Development (M1) Department,
dated 02.11.2015 and the said applications have been verified and
observed that the vendor of the petitioners has submitted incomplete
sale deed documents. It is contended that regularization of
unapproved and illegal layout Rules 2015 are applicable to all the
existing unapproved sub-division of plots, which existed in
##PAGE4##4
unapproved layouts or ventures promoted by land owners, but,
however, the said regularization is available, the plots that have been
purchased by the registered sale deeds on or before 28.10.2015. It is
also contended that the documents filed by the petitioners are not
eligible for regularization of the plots under LRS Scheme and as such,
said LRS files are proposed to be rejected.
6. At this juncture, learned counsel for petitioners would contend
that the vendor of the petitioners had obtained permissions under
the said scheme and the
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