Telangana High Court
Mykam Damodar vs The State Of Telangana on 10 July, 2025
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.15915 OF 2025
ORDER :(ORAL) This writ petition is filed by the petitioner seeking the following relief:
"...to issue a Writ particularly more particularily in the nature of mandamus declaring the action of the Respondent No.2 in not taking any action against the Respondent No.3 for undertaking construction in deviation of the Building Permit No. 0038/BP/3026/2024 dated 10.01.2024 as illegal, arbitrary and unconstitutional and consequently direct the Respondent No.2 to demolish the said construction undertaken by the Respondent No.3 in Sy. No. 26/A, Luxettipet Road, Mancherial and pass..."
2. Heard Ms. Challa Apoorva Reddy, learned counsel for the petitioner; Mr. Putta Krishna Reddy, learned Standing Counsel for respondent No.2-Municipality; and perused the material on record.
3. Learned counsel for the petitioner has drawn attention of this Court to paragraph No.7 of the counter affidavit filed by respondents No.3 and 4 where under it was stated that pursuant to the show cause notice issued to them, detailed reply was submitted and it was brought to the notice of respondent No.2 that respondent No.3 would remove the shutter and cellar portion in the subject property. Learned counsel for the petitioner submitted that the same contention was reiterated in paragraph 2 No.8 where under it was further stated that the deviations are minor in nature with regard to the construction made in the cellar and respondent No.3 is ready to remove the same. Learned counsel submitted that in view of such undertaking, it would suffice if direction is issued to respondents No.3 and 4 and official respondents to remove such unauthorized construction.
4. Thus, in view of the above categorical statement made by respondent No.3 and 4, this writ petition is disposed of directing respondent No.2 to remove the shutter and cellar portion in the building constructed by respondent No.3 in Survey No.26/A, Luxettipet Road, Mancherial District, within a period of three (3) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed.
_______________________ B. VIJAYSEN REDDY, J July 10, 2025 NOTE: Issue by 14.07.2025 (BO) RRK