Municipal authorities must follow due process of law before initiating action against property constructions, provided the owners strictly adhere to sanctioned building permissions and stipulated conditions; however, authorities retain the right to conduct periodic supervision.

ORDER:

This writ petition is filed aggrieved by the action of respondent Nos.2 and 4 in interfering with and obstructing the construction being undertaken by the petitioners despite compliance with the sanctioned building permission and the order dated 02.04.2026 passed by respondent No.2. A consequential prayer is sought to direct the respondents, their officers, subordinates, agents or any person acting under them not to interfere in any manner whatsoever with the construction activity of the petitioners.

2. The facts giving rise to filing of this writ petition are as follows:

The petitioners claim to be the owners and possessors of property bearing Municipal H.Nos.2-9-23 and 2-9-24 (new numbers) situated at Mukarampura locality, Karimnagar by way of registered deeds dated 18.08.2023. It is submitted that the petitioners obtained building permission from respondent No.2 vide permit No.0286/KARI/IA/2025, dated 01.10.2025. It is further submitted that one of the neighbors to the petitioners by name B.Rajender Reddy filed W.P.No.1488 of 2026 against the petitioners on the constructions made by them by encroaching the 20 feet road situated in front of the house of B.Rajender Reddy, contrary to the order dated 06.12.2006 in CMA.No.4/2006 on the file of III Additional District Judge at Karimnagar, wherein the petitioners were arrayed as respondent Nos.3 and 4 in the said writ petition. This Court by an order dated 21.01.2026 disposed of W.P.No.1488 of 2026 directing respondent No.2 to consider the representation of the petitioner in W.P.No.1488 of 2026 after affording an opportunity of hearing to all concerned parties. Subsequently, in terms of the order passed by this Court in W.P.No.1488 of 2026, dated 21.01.2026, the respondent No.2 accorded an opportunity of hearing to the petitioner and respondent Nos.3 and 4 (petitioners herein) and thereafter passed an order on 02.04.2026. The respondent No.2 passed the impugned order dated 02.04.2026 referring to the representations received from one B.Rajender Reddy & others on 14.10.2025, 18.10.2025 & 09.11.2025.

Further reference was made to the notice issued to the petitioners dated 10.11.2025 calling for relevant documents, reference of reply submitted by one K.Hanmantha Reddy on behalf of petitioners to the notice dated 10.11.2025, reference of prajavani complaint given by one V.Abhishek Reddy on 17.11.2025, the orders passed by this Court in W.P.No.1488 of 2026, dated 21.01.2026 and intimation letter dated 27.02.2026 for hearing both the parties. In the order dated 02.04.2026, the respondent No.2 upon examination of the submitted documents and after hearing both the parties, directed the petitioners to maintain the following conditions:

• A 15 feet road shall be left for construction undertaking.

• Necessary setbacks shall be maintained beyond the said road.

• The portion affected by the proposed road shall be left accordingly.

3. Learned counsel for the petitioners submits that in terms of the conditions stipulated in the order dated 02.04.2026 passed by respondent No.2, the petitioners are making constructions strictly in accordance with the building permission granted by respondent No.2. Inspite of that, the respondent Nos. 2 and 4 are frequently visiting and interfering in the constructions being made by the petitioners. Aggrieved by the action of respondents, the present writ petition is filed.

4. Mr. K.Siddharth Reddy, learned Standing Counsel for Karimnagar Municipality appearing for respondent Nos.2 to 4 would submit that the if the petitioners make construction in accordance with the building sanction plan and the order dated 02.04.2