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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD

THE HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO

W.P.No.42977 of 2015

Dt.30.01.2026

Between:

Areti Satya Dev and another

……Petitioners

and

The State of Telangana

and another.

…….Respondents

O R D E R:

1. The present Writ Petition has been filed seeking to declare

the action of the 2^nd respondent in issuing notice, dt.03.09.2015,

followed by Provisional Order (Notice) No.G1/211/UC/VMD/2015,

dt.16.12.2015 under Sections 228(1) and 217 of the A.P.

Municipalities Act, 1965, and the consequential Confirmation

Order (Notice) No. G1/211/VMD/2015, dt.28.12.2015, is illegal,

arbitrary, and unsustainable in law.

2. Brief facts of the case are that, alleging that the petitioners

have made construction of 3^rd floor in deviation of the sanctioned

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building plan over the premises bearing H.Nos.9-8-55, 9-8-56, 9-

8-58, 9-8-59 and 9-8-60, situated at Ambedkar Statue, opposite

SBH Bank, Vemulawada Village, Karimnagar District, the 2^nd

respondent issued the impugned notices and orders directing the

petitioners to remove the 3^rd floor within three days, failing which

the respondents would take further action.

3. The petitioners further contend that the impugned orders

were passed without considering their detailed replies

dt.30.09.2015 and dt.22.12.2015 and failed to consider the valid

building permissions granted by the Vemulawada Gram

Panchayat in File No. 92/80, dt.11.08.1980, and B/463/1,

dt.13.01.1992., and thus, the petitioners contend that the

impugned action of the 2nd respondent is in violation of Articles 21

and 300-A of the Constitution of India and principles of natural

justice. The petitioners, in the instant writ petition, seek to set

aside the aforesaid notices and orders by restraining the

respondents from demolishing the 3rd floor of the subject property,

except in accordance with law and upon payment of due

compensation, if any, as contemplated under the applicable land

acquisition laws.

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4. Heard learned counsel for the petitioner and Sri Krishna

Reddy Puttam, learned Standing Counsel for 2^nd respondent-

Municipality.

5. The brief facts of the case are that originally the petitioners’

great-grandfather obtained building permission from Vemulawada

Gram Panchayath vide proceedings in File No.92/80,

dt.11.08.1980, for construction of Ground + first floor. However,

only ground floor was constructed for commercial purposes and

subsequently, the property was transferred to the petitioners’

father by virtue of gift deed dt.12.03.1982 and sale deeds,

dt.09.10.1991 and dt.05.10.1991.

6. Thereafter, the petitioners’ father, being the absolute owner

of the property bearing (Old) H.Nos. 9-2-82/2 D, 9-2-82/2 E, 9-2-

82/2 F, 9-2-82/2 G and 9-2-82/2 H (New H.Nos.9-8-55, 9-8-56,

9-8-58, 9-8-59 and 9-8-60) situated in Bank Street, Vemulawada

village, Karimnagar District, obtained building permission from

the then Vemulavada Gram Panchayat vide permission,

dt.13.01.1992 and constructed a building consisting of G + 3

floors and after his demise, the petitioners have inherited the

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property and have been in continuous possession and enjoyment

of the same since long time.

7. While so, the 2^nd respondent issued notice, dt.03.09.2015

alleging unauthorized construction in deviation of the sanctioned

plan and subsequently, a provisional order (notice),

dt.16.12.2015, was issued alleging that the 3^rd floor constructed is

in violation of G.O.Ms.No.168 MA & UD, Department,

dt.07.04.2012, which restricts the height of the buildings to 10

meters within 100 meters radius of the ancient temple of Lord Sri

Raja Rajeshwara Swamy and thereby the respondents called upon

the petitioner to show-cause within three days, as to why the said

provisional order should not be confirmed under Section 228(3) of

the AP Urban Areas Municipalities Act, 1965, and subsequent

thereto, the 2^nd respondent passed confirmation order,

dt.28.12.2015, directing removal of 3rd floor.

8. Learned counsel for the petitioners submitted that the

construction of buildi