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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.22133 of 2013

DATE: 06.04.2026

Between:

Gajbheemkar Narayana.

…Petitioner

AND The Nagara Panchayat,

Peddapalli in Karimnagar District, Rep. by its Commissioner.

…Respondent

ORDER:

This Writ Petition is filed under Article 226 of the

Constitution of India, seeking the following relief:-

“…Issue an order or writ more particularly one in the nature of Mandamus declaring the action of the Respondent herein in issuing the impugned Proceedings No UCR No 12/TP/2013 dated 2072013 issued by the Respondent herein as arbitrary illegal and not valid in the eye of law besides contrary to the judgment rendered by this Honble Court in 1988 1 ALT 100 and also 1990 2 ALT 202 DB and also violative of principals of natural justice and equity and the

same may be set aside and to pass…”

2. Heard Mr. Ramachandar Rao Vemuganti, learned counsel for the petitioner, Mr. Putta Krishna Reddy, learned Standing Counsel for GHMC, for the respondent No.1. Perused the

record.

3. The brief facts of the case, as stated in the affidavit filed in support of the writ petition, are that the petitioner is the

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absolute owner and processor of the house site admeasuring 420 sq.yards by virtue of a registered sale deed executed by the then owners on 01.12.2003, and thereafter the petitioner, in order to construct a house, made an application to the then Gram Panchayat, Peddapalli on 19.07.2011, which granted building permission vide proceedings in letter No.A2/775/2011, dated 12.08.2011, after collecting appropriate fee. While so, though the said permission was valid for a period of two (02) years i.e., till 12.08.2013, the construction was continued as per the approved plan, and without there being any complaint against the said building construction, and without any encroachment towards any side of the house while carrying on the construction, and assailing

the same the present writ petition is filed.

4. Recently, as on the date of filing of the present writ petition, after the Gram Panchayat, Peddapalli upgraded to Nagar Panchayat, Peddapalli, the petitioner was surprised to receive a notice bearing UCR No.12/TP/2013 dated 29.07.2013, issued by the respondents by directing the petitioner to stop the construction of the building forthwith and also to remove the part of the building constructed and also directed to file explanation within 7 days for confirmation of

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the above order, to which a reply was filed before the respondents along with registered sale deed and building permission granted by the erstwhile Gram Panchayat Peddapalli, stating that there is no deviation from the building permission granted. However, the respondents, without proper examination of the explanation filed by the petitioner, directed

the petitioner to stop the construction forthwith.

5. Learned counsel for the petitioner contended that by virtue of the earlier building permission granted by the then Gram Panchayat Peddapalli, even though the said gram panchayat peddapalli was upgraded as Nagar Panchayat/Municipality, the said permission proceedings will not be initiated, and would remain in force, and that impugned proceedings dated 29.07.2013 issued by the respondents is illegal, arbitrary and not valid under the law, and the same is liable to be set aside, as there are no deviations as held by this

Hon’ble Court in a decision reported in 1988 (1) ALT 100.

6. It is also stated that in a similar set of facts, this Court in W.P.No.26206 of 2013 and batch disposed of all the said writ petitions observing that as there is a provision available under the then Municipalities Act, 1965, for regularizing the deviations, if any made and since the petitioners have already

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filed representations before respondent Gram Panchayat on 25.10.2013 praying for regularizing the deviations as under Section 228 of the then Andhra Pradesh Municipalities Act, 1965, by coll