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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO

WRIT PETITION No.33384 of 2013

DATE: 05.03.2026

Between:

Smt. Birru Indramma

…Petitioners

AND

The Kothagudem Municipality,

Kothagudem, Khammam District,

Rep., by its Commissioner & others.

…Respondents

ORDER:

This Writ Petition is filed under Article 226 of the

Constitution of India, seeking the following relief:-

“…to issue a writ order or direction, particularly one in the nature

of Writ of Mandamus, declaring the action of the respondents 1 to 3

in not taking any action against the illegal construction carried on

by the 4^th respondent in deviation to the sanctioned plan in premises

bearing No.5-11-191(part), coolie line, Kothagudem, Khammam

district as illegal, arbitrary and consequently direct the respondents

1 to 3 to take action in accordance with the provisions of A.P.

Municipalities Act, 1965 pursuant to the show cause notice dated

24.05.2012 in Proceedings No.G1/4/2012 issued by the 1^st

respondent, and to pass such other order or orders…”

2. Heard Mr. A. Prabhakar Rao, learned counsel for the

petitioners; Mr. Putta Krishna Reddy, learned Standing

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Counsel for GHMC, for the respondent Nos.1 to 3 and Mr. M.P.

Chandramouli, learned Senior Counsel for the respondent

No.4. Perused the record.

3. Learned counsel for the petitioners contends that, despite

issuance of a show cause notice to respondent No.4, no action

has been taken as on date.

4. Learned Senior Counsel for respondent No.4 submits that

as on date, respondent No.4 is not in contact with petitioners.

However, by efflux of time, the matter might have already been

settled before the Civil Court.

5. The limited grievance of the petitioners is only in respect

of taking action pursuant to the said notice. Having regard to

the above, respondent Nos. 1 to 3 are directed to conduct an

enquiry in accordance with the due procedure as contemplated

under the Telangana Municipalities Act, 2018, by putting the

respondent No.4 on notice.

6. If the said enquiry reveals, unauthorized construction or

deviations made by respondent No.4, respondent Nos.1 to 3

shall pass a reasoned order pursuant to the issuance of the

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show cause notice, dated 24.05.2012, after affording an

opportunity of hearing, in accordance with the provisions of the

Telangana Municipalities Act, 2019, and take further action in

accordance with law.

7. It is needless to mention that respondent Nos.1 to 3 shall

take note of the fact that, if the matter has indeed been settled,

no further action shall be taken. If not, they shall complete the

aforesaid exercise within a period of six (06) weeks from the

date of receipt of a copy of this order.

8. The Court makes it clear that this order is limited to

ensuring that due procedure is followed. No direction is issued

regarding the merits of the underlying dispute, which is left

open to be dealt with in accordance with the relevant

provisions of law.

9. With the above directions, the Writ Petition is disposed of.

There shall be no order as to costs.

Miscellaneous petitions, if any are pending, shall stand

closed.

_________________________________

SUDDALA CHALAPATHI RAO, J

Date: 05.03.2026

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328

THE HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO

WRIT PETITION No.33384 of 2013

Date: 05.03.2026

ds