Telangana High Court
Sri Aithagoni Rajesh Goud v. The State of Telangana
WP/27179/2026
- Decision date
- 2026-08-20
- Text availability
- Full text
- Judges
- B. Vijaysen Reddy
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
[ 3183 J IN THE IGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THU DAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO:2 7179 0F 2026 Between: Sri Aithagoni Rajesh Goud, S/o. A. Sathaiah Goud, aged about 27 years, Occ. Doctor, R/o. Plot No.68, christian corony, Hastinapu[m, Karmang'hat virtage, Saroornagar Revenue Mandat, Ranga Reddy District presentrv" resroing"in Abroa, rep. by his General power Attorney A. Sathaiah GoLd s/o iate A.Buchaiah Goud, aged 5g years, Ryo. plot No.6g, Christian CofonV, Saroornagar Revenue VfanOat, ITT.rpyrl, Karmanghat Village, R.R.District -500097. ...PETITIONER AND 1 principal of Telangana, rep by its Secretary, Municipal fle . ltgte Administration and Urban Deveropment Departmeni, secretariat, Hyderabad. 2. Malkajgiri N/unicipat Corporation, rep. by its Commissioner, Malkajgiri, Hyderabad. 3 The Deputy Commissioner, Circle-14, Hayathnagar Circle, Malkajgiri Municipal Corporation, Hayathnagar, R.R. Distriit. ...RESPONDENTS
Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High courtha-v be pllased 19 issue an appropriate writ, order or Direction, more particurarry one inihe nature ofwrit of Mandamus decraring tre 3'd respondent in issuing tt,, sp"it ing l!r_e^q9!r91 9torder bearing No.130/c-14lTps/MMC/2026 dt. 3-6-2026 and the-conseiu"ntirr Proceedings/order No.130/c-14fipstMMct2026 dated 24.06.2026 for demoiition of the structure situated at House No.B-6-1 17tw1, plot No. l(1 eart, survey rrro.sz, Karmanghat Village, Saroornagar fVlandal, Ranga Reddy District, without ;ffording reasonable opportunity of heard is as iflegar, arbitrary, without jurisdiction, .being violative of the principles of natural justice, and violative of Ariicles t+ ano goo-R ot the Constitution of lndia and consequenfly set aside the same. t.A. NO:1 0F 2026
PetitionUnderSectionl5,lCPCprayingthatinthecircumstancesstatedinthe affiOaviiiiieO in support of the petition, the High Court may be pleased.to grant slay -rfi Speaking order bearing.^ No' further proceedings pursuant to the and the consequential. er15eo119{!r!er"i130/C-14|TPSiM[/C/2026 it. i-o-zozo dated 24.06'2026 issued by the 3'o respondent'rrro.riolC-r+nPS/tMMC/20r6 p"nOing di.po.al of the main Writ Petition, in the interest of justice' ()ounsel for the Petitioner: MR GH' PRATAP Oounsel for the Respondent No'1: GP FOR MCPL ADMN AND URBAN DEV Oounsel for the Respondent Nos' 2 and 3: MR' SRINIVAS RAO PACHWA' S'C' FOR MMC 'lhe Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No.27l 79 0F 2026 DATE:2 0 -08-2026 Between: Sri Aithagoni Rajesh Goud .... Petitioner AND The State of Telangana, Rep. by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad, and two others ... Respondents ORDER: (ORAL)
This writ petition is flled challenging the speaking order No.130/C-14ITPS1MMC1ZO26, dated 03.06.2026, passed by respondent No.3 - Deputy Commissioner, Circle_14, Hayathnagar, Malkajgiri Municipal Corporation, in respect of premises bearing H.No.8-6-117llV1 on plot No. Kl1 part in Survey No.57 of Karmanghat, Hayathnagar, Ranga Reddy District, and also the consequential proceedings No.130/C_.14|TPS/MMC/2026 dated 24.06.2026. ., BVR,J W.P.No.27179 2026 Pratap, learned counsel for the petitioner' 2. Heard Mr. Ch and Mr. Srinivas Rao Pachwa, learned Standing Counsel for for respondent Nos 2Malkajgiri Municipal Corporation, appearing and 3, and perused the material available on record' 3.ltisseenfromtherecordthatacomplaintwaslodgedon its Ex- 23.01 .2026 by the Christian Colony Association' through President.Mr.MokillaVenkatReddy,allegingencroachmentupon the land forming part of the Christian Colony Layout and the unauthorised commencement of construction of a shed in the subject No l(1 Part in property bearing H.No.8-6-117/l(1 , situated on Plot Survey No. 57 of Karmanghat, Saroornagar Mandal' Ranga Reddy District. Pursuant thereto, a show-cause notice dated 06 05'2026 was issued to the petitioner's father, directing him to forthwith stop the unauthorised construction and to show sufficient cause as to why the unauthorised construction of the shed should not be demolished departmentallY.
the 4. Learned counsel for the petitioner submitted that petitioner and his brother' Mr. Aithagoni Sai Kiran Goud' are the owners of the subject property by virtue of the registered sale deed bearing document No.1224 of 2026 dated I 1.02.2026. However, the show-cause notice dated 06.05.2026 waplssued to the petitioner,s 3 BVR,J W.P.No.27t79 2026 father, Mr. Aithagoni Sathaiah Goud, and not to the petitioner or his brother. Learned counser further submitted that prior to issuance of the show cause notice dated 06.05.2026, a notice dated 29.04.2026 was issued calling for the ownership documents, link documents, building permission, property tax receipt and any other relevant documents pertaining to the subject property. ln response thereto, the petitioner's father submitted reply dated 04.05.2026 enclosing the relevant documents.
5. lt is stated that by recording that the petitioner,s father had attended the personal hearing and submitted the registered ownership/sale deed documents, link documents, property tax_ related records, and layout copy, but had neither submitted the permission copy/sanctioned pran nor stopped the construction work at the subject site, respondent No.3 passed the speaking order dated 03.06.2026, directing the petitioner,s father to stop the unauthorised construction of the shed and remove the same within 15 days. Subsequenfly, another order vide proceedings No.130/C_ 14lIPSlMMCl2026, dated 24.06.2026, was issued, directing the petitioner and his brother not to proceed with or continue any construction activity, including the construction of the shed/temporary structure at the subject site, and to remove the 4 B\'R'J W.P.No.27179-2026 said already erected' ln theunauthorised shed/structure, if proceedings, the following three findings were recorded: "Different layout patterns exist in respect of the subject land' resulting in ambiguity regarding the identity and plannlng status of the Plot. or authenticated No valid approved layout permission planning record has been produced' Plot No. l(1 Part is reflected in the registered document submitted bY the aPPlicant."
6. lt appears, the subject plot is registered in the name of the petitioner and his brother, Aithagoni Sai Kiran Goud' (sons of of Mr' Mokilla Mr. Aithagoni Sathaiah Goud) The representation of the Christian Colony Association' Venkat Reddy, Ex-President was considered as per the directions of this Court in W P 15369 of 2026, and by the proceedings dated 24'062026' the petitioner and hisbrotherweredirectednottoproceedwithconstructionactivity,or elseactionwillbeinitiatedforremoval/demolitionoftheunauthorized structure dePartmentallY 7. Learned counsel for the petitioner submitted that the show causenoticedated06.05.2026wasissuedtothepetitioner'sfather' proceedings. to which he submitted a reply and contested the 5 BVR,J W.P.No.27t79 2026 Subsequenfly, the proceedings dated 24.06.2026 were issued, in addition to the speaking order dated 03.06.2026. 8. Since the father of the petitioner submitted the reply, it has to be inferred that he represented both his sons i.e., the petitioner and Mr. A. Sai Kiran Goud. ln any event, the petitioner cannot ventilate his grievance before this court against the action of the respondent corporation in issuing the speaking order dated 03.06.2026 and the proceedings dated 24.06.2026, impugned in this writ petition, when the structures raised by the petitioner are admittedly unauthorized and were constructed without permission.
9. Learned counsel for the petitioner submitted that the structures raised by the petitioner are temporary in nature, covered by asbestos sheets, and were erected only to safeguard the property from encroachment. 10. However, as seen from the photographs on page No. 6g of the material papers, new shutters have been constructed. The sale deed bearing document No. 1224 ot 2026,dated 1 1.O2.2}26,reveals that the petitioner and his brother, Mr. Aithagoni Sai Kiran Goud, purchased the premises that had been demolished. Thus, the petitioner cannot be permitted to take advantage of the show_cause 6 BV&J W.P.No.27l79 2026 petitioner's father consciouslynotice issued to his father. The participated in the proceedings and submitted a reply along with supporting documents. ln the opinion of this Court, the petitioner had a reasonable opportunity to represent his case through his father. As there is a dispute with regard to the existence of Plot No.l(1 Part in the Christian Colony Layout in Survey No.57 of Karmanghat Village' Saroornagar Mandal, Ranga Reddy District, this Court is not inclined to interfere with the speaking order dated 03.06.2026 and the proceedings daled 24.06.2026 impugned in this writ petition. 3 1'1 . Learned Standing Counsel for respondent Nos.2 and submitted that Plot No. l(1 claimed by the petitioner does not form part of the layout and that it is shown as a triangular area, and not as a plot in the layout.
No.'1 30/C- 12. ln view of the above, the speaking order proceedings14lTPS/MMC/2026, dated 03.06.2026, and the No 130/C-14|TPS/MMC/2026, dated 24.06.2026, shall be kept in abeyance for a period of four (04) weeks from today. Within this period, the petitioner is at liberty to make an application for grant of building permission. The application so submitted shall be considered by respondent No. 3 in accordance with law by issuing notice to the petitioner and christian colony Association / interested 7 BVR..I W,P.No,27Ug 20;6 persons and further affording them opportunity of hearing. Respondent Nos.2 and 3 are at liberty to take action against the petitioner subject to outcome of such building application. 13. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any pending in this writ petition, shall stand closed. SD/. MOHD. ISMAIL DEPUry REGISTRAR //TRUE COPY// SECTION OFFICERTo, J 1. The Principal Secretary, I\/unicipal Administration and Urban Development Department,.Secretariat, State of Telangana, Hyderabad. 2. The Commissioner, Malkajgiri t\ilunicipal Corporation, Malkajgiri, Hyderabad. 3. The Deputy Commissioner, Circle-|4, Hayathnagar Circle, Malkajgiri Municipal Corporation, Hayathnagar, R.R.District. 4. One CC to MR. CH. PRATAP, Advocate [OPUC] 5. Two CCs to GP FOR rUCPL ADMN AND URBAN DEV High Court for the State of Telangana, at Hyderabad [OUT]
6. One CC to SRI SRINIVAS RAO PACHWA, S.C. FOR GHMC [OPUC] 7. Two CD Copies AGK M PVL CC TODAY HIGH COURT DATED: 2010812026 1 Ht SIArf ( 4. ,+ ORDER ) v t 2 )) 2 AUE 2026 WP.No.27179 of 2026 * * o a s PAT c\i DISPOSING OF THE WRIT PETITION WITHOUT COSTS I tl -) ( I {" Ar \_,-/l l lb t 1r,-