WP/8642/2015 of Maturi Sandesh Kumar Gupta Vs State of Telangana Rep. By its Seaetary Municipal on 5 February 2026

1. State of Telangana, Rep. By its Secretary, Municipal Administration Department, Secretariat, Hyderabad

2. The District Collector, Khammam.

3. The Municipal Corporation of Khammam, Rep.by its Commissioner Khammam Town and District

4. Rayapudi Venkata Rama Rao, S/o Rangarao, Age 51 years, Occ business, R/o. H. No . 2-2-122, 2-2-127, 2-2-129, 2-2-130, Ga nd h i C howk, Khammam ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, order or direction declaring the impugned inaction of the Respondents 1 to 3, particularly the 3rd Respondent of not taking appropriate action for demolition of the illegal constructions made by the 4th respondent in violation of building plan approval BA 6412009 dt. 13.8.2009 as per law despite of admitting the existence of illegal constructions and not considering petitioner legal notice dt. 5.3.2015 without following due process of law as illegal, arbitrary and violative of principles of natural justice etc and consequently direct the 3rd Respondent to take appropriate action as per law for the demolition of illegal constructions made by the 4th Respondent in violation of Building plan ap6rroval BA 6412009 dt. 13.8.2009 of 3rd Respondent without further loss of time. l.A. NO: 1 OF 2015 P- NO:11398 OF 20151 Petition uncler Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the 3rd Respondent to :onsider my notice dated 5.3.2015 and take necessary action pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI N.V.ANANTHA KRISHNA Counsel for the Respondent No.1: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent No.2: GP FOR REVENUE Gounsel for the Respondent No.3: SRI P.SRIDHAR RAO, SC FOR MCPL Counsel for the Respondent No.4: SRI P.DURGA PRASAD Between Rayapudi Venkala Rama Rao, S/o. Ranga Rao, age 51 years, Occ Business, R/o. H.No.2-2-122, Gandhi Chowk, Khammam, Khammam District. .PETITIONER AND

1. The Statr-' of Telangana, rep. by its Principal Secretary, Municipal Administration Department, Secretariat, Hyderabad

2. The Khammam Municipal Corporation, Khammam, rep. by its Commissioner.

3. tVI. Sandes;h Kumar Guptha, S/o. Subrahmanyam, aged about 54 years, R/o. 2-4-1, Kasthuribai Street, Khammam, Khammam District. .RESPONDENTS Petition unrJer Article 226 of the Constitution of lndia praying that in the circumstances st:rted in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the proceedings in Roc.G1/117912015 dated 02-04-2015 issued by the 2nd respondent herein as illegal, void, arbitrary, impermissible, without authority and jurisdiction and violation of Articles 14, 21 and 300-4 of the Con:;titution of lndia and consequently direct the respondents herein not to demolish the truilding house bearing Nos.2-2-122, 2-2-127, 2-2-128 and 2-2-129

situated at Gandhi Chowk, Khammam, Khammam District belonging to the petitioner herein. l.A. NO: 1OF 201 P. NO: 13547 OF 2015) 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 stay of all further proceedings in Roc. G1/1 17912015 dated 02-04-2015 issued by the 2nd respondent herein including demolition of the building house bearing Nos. 2-2-122, 2-2-127, 2-2-128 and 2-2-129 situated at Gandhi Chowk, Khammam, Khammam District belonging to the petitioner herein pending disposal of the Writ petition. l.A. NO: 1 OF 2017(!WMP. NO: 2269 OF 20171 Between: The Khammam Municipal Corporation,, Khammam, rep.by its Commissioner ...PETITIONER AND

1. Rayapudi Venkata Rama Rao S/o. Ranga Rao, aged about 51 years, Occ Business, R/o. H.No .2-2-122, Gandhi Chowk, Khammam, Khammam District.

2. The State of Telangana, rep. by its Principal Secretary,, Municipal Administration Department, Secretariat, Hyderabad

3. IVl. Sandesh Kumar Guptha, S/o.Subrahmanyam ,', Rlo.2-4-1, Kasthuribai Street, Khammam, Khammam District. ...RESPONDENTS 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 vacate the interim Order passed in WPMP No. 13547 of 2015 in WP No. 10275 of 2015 and dismiss the Writ Petition. Counsel for the Petitioner: SRI KOPPULA GOPAL, REP. SRI P.DURGA PRASAD Counset for the Respondent No.I: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent No.2: SRI P.SRIDHAR RAO, SC FOR MCPL Counsel for the Respondent No.3: SRt N.V.ANANTHA KRISHNA The Court made the following: COMMON ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HOI{'BLE SRI IUSTICE SUDDALA CHALAPATHI RAO WRIT N AND 1027s oF 20L5 DATE: 05.02.2026 W.P. .8642 of 2015: Between: Maturi Sandesh Kumar Gupta, s/ o. Subrahmanya m, R f o.24-1., Kasturibai Street, Khammam. .. .. Petitioner and State of Terlangana, rep.by its Secretary, Municipal Ad ministration Department, Secretariat;, Hyderabad and three others. .... Respondents COMMO]N ORDER: Heard Mr. N.v.Anantha Krishna, learned counsel for petitioner in w.P.No.8642 of 201s; Mr. Kopputa Gopal, learned counsel rr:presenting Mr. P.Durga prasad, learned counsel for petitioner cn record in w.P.No.1027s of 201s and Mr. p.sridhar Rao, learned stilnding Counsel for Khammam Municipal Corporation in both the writ petitions.

2. The instant writ petitions are filed, one by Mr. Maturi sandesh in w.P.No.8642 of 2015, seeking appropriate relief declaring the inaction of respondent Nos.1 to 3, particularly 3.d respondent- Khammam Municipal Corporation, in not taking appropriate action for demolition of the illegal constructions being made by the 4ttr respondent in violation of building plan approval aide Roc.No.G2/6080/2009 - B.A.No.64/2009, dated L3.08.2009, as per law, despite admitting the existence of iltegal constructions and issuing legal notice dated 05.03.2015,by following due process of law, as illegal, arbitrary and violative of principles of natural justice and consequently direct the 3'd respondent to take appropriate action for demolition of illegal constructions by the 4th respondent.

3. W.P.No.10275 ol 2015 is filed declaring the proceedings in Roc.G1/1179/2015 dated 02.04.2014 issued by the 2"d respondent- Khammam Municipal Corporation, as illegal, void, arbitrary, without authority and violation of Articles 14, 2l and 300-4 of the Constitution of India.

4. Both the writ petitions, one filed by the rival persons, who are claiming right over the subject land and also by virtue of granting of J ,. tIi a \ I ,i building lrermission aide Roc.No.G2/ 60g0/2009, dated 13.0g.2009 issued by the Commissioner, Khammam Municiparity. It is the contention of the learned counser for petitioner in w.p.N o.1027s of 2075 that, despite the construction having been made by the petitioner in accordance with the building permit, the respondent- Khammam Municipal Corporation has issued the notice at the behest of the unofficial respondent, who is the petitioner in W.P.No.86al2 of 2015.

5. It is contended by the learned counser for petitioner in w.P.No.8642 of 201s that, the writ petitioner in w.p.No.L0275 of 2015 is violated the building sanction plan and constructed the said house with.ut foilowing the norms as per the building pran. 6- At this juncture, Mr. p.sridhar Rao, rearned standing Counser for Khamnram Municipar Corporation wourd contend that, previously there were suits and counter suits filed against each of the respecti''re writ petitioners. However, since a notice has been issued by the Municipar corporation aide proceedings No'G1/1179,/2075; dated 02.04.201s to the writ petitioner in w.P.No.102zs of 20'r.5, the Corporation shall fo[ow due procedure of law and take appropriate action, Tf waruanted, with regard to the alleged illegal construction being made by the petitioner in W.P.No.L0275 of 2015 appropriate action would be taken.

7. In that view of the matter, both the Writ Petitions are disposed of, directing the 2"d respondent-Khafiunam Municipal Corporation in W.P.No.10275 of 2015, to follow due procedure as contemplated under the Municipalities Act, 2019 and to afford an opportunity of hearing to the respective writ petitioners in both the writ petitions. In the event, the 2"d respondent-Khammam Municipal Corporation found that the writ petitioner in W.P.No.10275 of 2015 has deviated from the sanction plan, they are at liberty to pass appropriate orders by following due procedure of law and take action consequent thereon.

8. There shali be no order as to costs. Pending miscellaneous applications if any shall stand closed. To, MALLIKARJUNA RAO SISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

1. The Principal Secretary, Municipal Admin Hyderabad, State of Telangana.

2. The District Collector, Khammam. Department, Secretariat,

3. The Commissioner, Municipal Corporation of Khammam, Khammam Town and District htbd-.

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4. One CC to SRI N.V.ANANTHA KRISHNA, Advocate [OPUC]

5. One CC to SRI P.DURGA PRASAD, Advocate [OPUC]

6. One CC to SRI P.SRIDHAR RAO, SC FOR MCPL IOPUC]

7. Two CCs to GP FOR MCPL ADMN & URBAN DEV, High Court for the State of Telangerna at Hyderabad [OUT]

8. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

9. Two CD Copies BSR BS fu,o

I * I I HIGH COTIRT DATEDT 0510212026

COMMON ORDER

WP.Nos.8642 & 10275 of 2015 DISPOSING OF BOTH THE WRIT PETITIONS, WITHOUT C STS J x,t sflue. It S HE

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