IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION No.36261 of 2017 DATE: 06.03.2026 Between:

Sri K.V.S. Krishna Murthi Sharma …Petitioner AND The Commissioner, Nagar Panchayat Office, Huzurnagar, Nalgonda District & another.

…Respondents ORDER:

1. The instant Writ Petition has been filed under Article 226 of Constitution of India, seeking the following relief:- “…to issue a writ, order or direction more particularly one in the nature of writ of mandamus under Article 226 of Constitution of India declaring the inaction of the 1^st Respondent in not taking any action against the illegal and unauthorized construction made by the 2^nd Respondent without leaving any setbacks and without leaving any space on eastern side of the Petitioner land upon the representations made by the Petitioner dt.21-01-2016, 13-03-2017, legal notice dt.08-05- 2017 and reminder notice dt.11-07-2017 as illegal, arbitrary and unlawful and clear violation of sanction plan and construction permission vide Proc.No.242/GPH/2010 dt.02-06-2010 and violataive of fundamental rights of the Petitioner and consequently direct the 1st Respondent authority to demolish the illegal and unauthorized construction made by the 2^nd Respondent forthwith in the interest of justice and pass…”

2. The brief facts of the case are that the petitioner claims to be the absolute owner and in peaceful possession of a residential plot bearing No.16-127 admeasuring 286 sq. yards situated at Nagara Grama Panchayati, Huzurnagar, and that the 2^nd respondent, who is the owner of an adjacent plot situated on the eastern side of the petitioner’s property, is alleged to have constructed a residential RCC building in an extent of 87 sq. yards after obtaining permission from the 1^st respondent in the year 2010, in complete deviation of the sanctioned plan and in violation of the conditions of permission.

3. Petitioner specifically alleged that the 2^nd respondent has raised illegal and unauthorized construction without leaving any setbacks or open space on the side abutting the petitioner’s property, thereby obstructing ventilation, free flow of air, natural light, and ingress and egress to his property.

4. The petitioner further contended that he issued a legal notice, dt.08.05.2017, to the 1^st respondent requesting action against the unauthorized construction, followed by a reminder, dt.11.07.2017, and in response thereto, the 1^st respondent informed that notice had already been issued to the 2nd respondent, who in turn submitted documents including building permission granted by the erstwhile Gram Panchayat in 2010, however, no further action has been taken pursuant to the said notice against the unauthorized and illegal constructions made by the 2^nd respondent.

5. The petitioner further contends that despite making several representations and complaints, no effective or concrete action has been taken by the 1^st respondent to remove or demolish the alleged illegal construction and aggrieved by such inaction, the present writ petition has been filed.

6. The 1^st respondent filed counter affidavit, while admitting the ownership of the petitioner over his property, however contended that the allegation that the 2^nd respondent raised construction wholly in violation of the sanctioned plan and has completely obstructed the petitioner’s rights of light, air, ventilation, and access was denied as being factually incorrect and not supported by municipal records or field inspection.

7. It was further contended by the counter affidavit that the 2^nd respondent obtained building permission in the year 2010 from the then Gram Panchayat. However, there exists ambiguity between the sanctioned plan and the conditions noted in the proceedings regarding setbacks, which is attributable to procedural lapses on the part of the Gram Panchayat authorities. Further, the main structure was constructed strictly in accordance with the permission granted, but howe