KATHI SARASWATHI DEVI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition is filed seeking a Writ of Mandamus declaring the action of the 3rd respondent in issuing notice under Sec. 180(1) of the Telangana Municipalities Act, 2019 in proceedings No.G1/UC/01/2020 dt.28/10/2020 for demolition of the petitioner 's RCC building consisting of ground + 3 floors at Municipal House No.19/11/310/2, Vishwanadha Colony, Street No.1, Shambhunipet, Warangal Urban, as illegal and arbitrary.

(2.) It is the case of the petitioner that she has purchased a plot bearing No.82 of an extent of 323.27 square yards equivalent to 268.09 square metres from one Rayabharapu Satyanarayana vide registered sale deed bearing Document No.8391 of 2006 dt.18/8/2006 registered in the Joint Sub-Registrar 's office, Warangal and since then she is in peaceful possession and enjoyment of the same. It is submitted that the petitioner has been regularly paying the property tax till date after assignment of house number to the petitioner 's property as H.No.19/11/310/2. It is submitted that the petitioner had applied for a building permission on 7/3/2011 vide inward No.TP/6709 (64/6709/2011) B.A. No.1624 along with all the required documents and also on paying the usual charges including betterment charges, for construction of ground floor. However, no building permission was granted and therefore the petitioner after waiting for a period of 6 months, constructed the ground floor on the premise that if the building permission is not granted within 60 days, there is deemed permission. It is submitted that in the year 2019, the petitioner wanted to construct 2 upper floors on the ground floor already constructed and accordingly applied for building permission vide Application No.CN/3006/2019/6507 dt.23/9/2019 by paying the requisite fee by enclosing all the relevant documents. For this application also, no permission was granted nor was any intimation given to the petitioner rejecting the permission. Therefore, after waiting till December, 2019, the petitioner started erecting pillars and slab. It is stated that since the petitioner made a complaint to the respondents on 16/3/2020 about the illegal occupation of the road by some of the habitants of the colony, the persons against whom the petitioner and her husband have complained, have instigated the municipal authorities, due to which the respondents issued the impugned notice to the petitioner under Sec. 180(1) of the Telangana Municipalities Act, 2019 on the ground that the petitioner has constructed her house without applying for or obtaining the building permission.

(3.) According to the learned counsel for the petitioner, Sri Rajeswara Rao Garige, the petitioner had made requisite applications to the concerned authorities from time to time and since no intimation rejecting the applications has been received by the petitioner and applying the deeming provisions, the petitioner has proceeded to make constructions and the issuance of notice under Sec. 180(1) of the Telangana Municipalities Act, 2019 by the respondents at this stage is illegal and arbitrary. He has also filed photographs of the colony showing that the colony is filled with houses and no notice has been issued to any other household except the petitioner.