Telangana High Court
WP/33556/2026 of Thadem Kumara Swamy Vs The State of Telangana on 8 October 2026
COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO: 33556 0F 2026 [ 3304 ] .,.PETITIONER Between: AND Ifr9:f Kumara Swamy,
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE EIGHTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
WRIT PETITION NO: 33556 0F 2026
.,.PETITIONER
Between:
AND
Ifr9:f Kumara Swamy, S/o.Venkataiah, aged about 59 years, Occ. Business, R/o. H. No. 1 -'t 4/ 1, Zaff ergadh Village and ManJal, Jangaon District.
1. The State of rerangana, Rep.by its principar secretary Department of panchayat Raj and Rural Deveropment, Dr.B.R.Ambedkar Terangana state s".r"triLl, Hyderabad.
2. The District Collector, Jangaon District, Jangaon.
3. The District Panchayat Officer, Jangaon District, Jangaon.
4' The Zalfergadh Gram panchayat, Rep.by its panchayat secretary, Zafiergadh, Jangaon District.
...RESPONDENTS
Petition under Arlicre 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court ma/oe pleaied to issue an appropriate writ order or direction more particularly one in the nature or writ or MANDAM US declaring the action of the respondents in interfering into theconstruction of petitioner at house bearing 1-66/1 in an extent of 109 sq. yards of Zaffergadh Village and Gram Panchayat, Jangaon District vide impugned Noiice dated 23-09:2026 oi the 4th respondent as arbitrary, illegal and violative oi rights guaranteed under Articles .r 4, 21 and 300-4 of the constitution of lndia and set isioJtne same and consequenfly direct the respondents not to interfere in to the petitioner,s subject property
l.A. NO: 1OF 2026
Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to suspend the impugned Notice dated 2310912026 issued by the 4th respondent. pending disposal of the above writ petition Counsel for the Petitioner(s): Sri. Vadlakonda Ravi Kumar Reddy Counsel for the Respondents No. I TO 3: Gp For panchayat Raj Rural Dev Counsel for the Respondents No. 4: Sri. Pradeep Reddy K, SC for Zp, Mpp & Gp The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HON'BLE SRIJUSTICE NAMAVARAPU RAJESHWAR RAO
WRIT PETITIO N No.33556 ot2O26
CNR.No. HBHC010686462026
DATE:08.10.2026
Between:
Thadem Kumara SwamY
...Petitioner
AND
The State of Telangana,
Rep. by its PrinciPal Secretary,
Department of Panchayath Raj & Rural Development, Dr.B.R.Ambedkar Telangana State Secretariat, Hyderabad and 3 others'
' ..Respondents
ORDER
Heard Sri Vadlakonda Ravi Kumar Reddy, learned counsel for the petitioner, learned Assistant Government Pleader for Panchayath Raj and Rural Development Department, appearing for respondent Nos.1 to 3 and Sri Pradeep Reddy Katta, learned Standing Counsel lor Ztlla Pr$a Parishads, Mandal Praja Parishads and Gram Panchayats, appearing for respondent No.4. Perused the record.
2. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of house bearing No 1-66/1 ,
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RR'V,J W.P.No.33556 of 2O26 admeasuring 109 square yards, situated al Zafiergadh Village, Jangaon District, having acquired the same under a registered Gift Deed bea ri n g Docu me nt No. 2403 12022, dated 24.06.2022.
3. Learned counsel for the petitioner further submits that earlier this Court, by order dated 12.08.2024 in W.P. No. 21926 ol 2024, directed the respondents not to dispossess the petitioner herein without following due process of law. Pursuant thereto, the petitioner obtained building permission vide Proceedings No. 1A3|BPlZ0Z4, dated 20.11.2024, and commenced construction in accordance with the sanctioned permission.
4. Learned counsel for the petitioner further submits that the 4th respondent, vide impugned notice dated 23.09.2026, directed the petitioner herein to stop construction without specifying any reasons or duly serving the notice. The impugned action is arbitrary and illegal, particularly when the petitioner is constructing the building pursuant to valid permission and has already incurred substantial expenditure.
5. Learned counsel for the petitioner further submits that W.P.No.33815 of 2024, filed bythe petitionerconcerning alleged illegal J RRN'J W.P.No.33556 of 2026 encroachment and construction at R&B road, is pending before this Court.
6. Learned counsel for the petitioner further submits that appropriate orders be passed in the Writ Petition by directing the respondentsnottointerferewiththepetitioner,songoingconstruction, pursuant to the impugned notice dated 23 09.2026 and allow the Writ Petition
7. Per contra, learned Standing Counsel for respondent No'4 submits that, pursuant to a complaint dated 21.09.2026 alleging encroachment of a public pathway and construction of a house on the road at ZaffergadhVillage, the District Collector and Magistrate' Jangaon' issued notice under section 94 of the Bharatiya Nagarik Suraksha Sanhita,2023, directing the Mandal Panchayat Officer and the Panchayat Secretary to appear before the Collector on 03 10'2026 at 1'1 :00 am' along with a detailed report. The Panchayat Secretary was also directed to inform the complainants and the petitioner herein to attend the hearing with the relevant original documents' Hence, the matter is under consideration before the District Collector, Jangaon, for appropriate action in accordance with law.
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SD/. C.DEEPIKA ASSISTANT RE'ISTRAR G SECTION OFFICER 'o', ,n" principarsecretig;,]l"rtjBl"-TJf;LT-%1"'+3:ffi1["'!ij,:'TI;I1,L1l and Rura! Develop Hvderabad ' I +H gtkl g :ll ffi ; i il-:33i '3: +"+'s''ir'.:i Nl:;i" !,..n,v at Zarre rs ad h,
o. in; -tr""nayat Secretary''The Zaffergadh t *ff E':t":[i:+:tx#Il*t[iHfl si;f]f dts:{r#::S'iae'r ' i;;"s";, at HYderabad [our] RRN,J W.P.No.33556 of 2026
8. ln view of the rival contentions, this Court is of the considered view that the issue relating to the alleged encroachment of the road requires examination by the District Collector, Jangaon, after conducting an appropriate enquiry. Accordingly, the construction undertaken by the petitioner may proceed, subject to the outcome of such enquiry. However, if any deviation from the building permission dated 20.11.2024 is found, the competent authority is at liberty to take appropriate action in accordance with law. The petitioner and the complainants shall cooperate with the enquiry and produce the relevant documents.
9. With the above observations, the writ petition is disposed of. There shall be no order as to costs Pending miscellaneous applications, if any, shall stand closed. /TTRUE COPY//
8. Two CD CoPies DA \'
CC TODAY HIGH COURT DATED: 081101202G
ORDER
WP.No.33556 of 2026 DISPOSING OF THE WRIT PETITON WITHOUT COSTS s-f ATE o 2$lB <. () ,-d tt5 C,o x -x 0s1 l.
5. 'a D'
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