KONDAM RAM REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition has been filed seeking a writ of mandamus to declare the action of the 2nd respondent in interfering with the construction activity of petitioner's house in an extent of 101.16 square meters (120.99 square yards) in Sy.No.4/D, 5/D, consisting of ground plus one upper floor situated at Nagaram road, Husunabad Municipality and Mandal, Siddipet district vide permission No.197646/HUSN/0208/2022, dtd. 3/8/2022 and also in violation of the directions of this Court in W.P. No.39530 of 2022 dtd. 26/10/2022 as illegal, arbitrary and consequently direct the respondent No.2 not to interfere with the construction activity of the petitioner house vide permission dtd. 3/8/2022 and further declare the notice vide No.UC/04/MCP/W.No.02/2022, dtd. 7/11/2022 issued under Sec. 178 and 180 of TSM Act, 2019 as non operative and no validity in view of the directions of this Court in W.P. No.39530 of 2022 dtd. 26/10/2022.

(2.) It is the case of the petitioner that he is the owner and possessor of the subject land and he made an application for construction of house and obtained permission on 3/8/2022 from the 2nd respondent for construction of ground plus one upper floor.

(3.) While so, the 2nd respondent has issued notice dtd. 7/11/2022 in terms of the order dtd. 26/10/2022 passed in W.P. No.39530 of 2022 by this Court directing the petitioner to show sufficient cause as to why the unauthorised construction shall not be removed, altered or pull down, within seven days from the date of receipt of the notice, and to stop the work forthwith for which, the petitioner submitted his detailed explanation on 19/11/2022. Without passing any orders on the explanation submitted by the petitioner, the 2nd respondent authorities are interfering with the construction work of the petitioner. Hence, the petitioner filed the present writ petition.