Bandari Nageswar Rao vs State Of Telangana

This writ petition is filed seeking Writ of Mandamus declaring the action of respondent authorities in not stopping the illegal/unauthorized construction undertaken by respondent No.6 without obtaining necessary permission over the petitioners’ open plot (northern part) admeasuring 130 square yards in Sy.No.61, situated at Swaroopnagar, Uppal Kalan Village, Uppal Mandal, Ranga Reddy District, as illegal, arbitrary and contrary to the provisions of Telangana Municipalities Act, 2019, and consequently, sought a direction to the respondents to demolish the above illegal and unauthorized construction.

Heard the submission of learned counsel for the petitioners as well as the learned Government Pleader for Municipalities and Sri Sampath Prabhakar Reddy, learned Standing Counsel for respondent Nos.2 to 4. Perused the material available on record.

Learned counsel for the petitioners contended that a dispute with regard to the subject property is pending before the Civil Court and an order of status quo was passed at the instance of the petitioners as well as at the instance of respondent No.5 herein vide order dated 15.12.2015 in I.A.No.699 of 2015 in O.S.No.1751 of 2015 on the file of the Court of IX Additional Senior Civil Judge, L.B. Nagar, Ranga Reddy District. During the subsistence of the said status quo order, respondent No.5 sold the subject property in favour of respondent No.6 and respondent No.6 is proceeding with the construction of building without obtaining any construction permission from the authorities concerned, which is in utter violation of the said status quo order dated 15.12.2015 passed by the competent Civil Court.

Sri Sampath Prabhakar Reddy, learned Standing Counsel for respondent Nos.2 to 4, submitted that respondent No.6 obtained Layout Regularisation of the subject property vide proceedings dated 31.03.2018 and also construction permission dated 26.09.2019 for construction of house in the subject property.

In view of the same, the relief sought in the present writ petition basing on the allegation that respondent No.6 is carrying on illegal construction in the subject property cannot be sustained. There are no merits in the writ petition and the same is liable to be dismissed.

Accordingly, this writ petition is dismissed, granting liberty to the petitioners to pursue their remedy as regards violation of the status quo order dated 15.12.2015 said to have been passed by the competent Civil Court and also against the construction permission and LRS Permission obtained by respondent No.6. No order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.