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Judgment
2026:TSHC:16154
This writ petition is filed by the petitioner seeking to declare the action of respondent No.3 in issuing notice vide Roc.No.G1/15 /2026 dated 04.08.2026 under Section 185(3) of the Telangana Municipalities Act 2019 (for short 'Act 2019') alleging that he has encroached upon the Municipal road/drain margin by erecting shed/steps/ramp/compound wall/structure and directing to remove the alleged encroachment within seven (7) days, as being illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India.
Heard Mr. Mekala Goutham Kumar, learned counsel for the petitioner and Mr. Putta Krishna Reddy, learned standing counsel for Municipalities, appearing for respondent No.3.
It is stated that petitioner is in possession and enjoyment of the property bearing H.No.19-2-26, admeasuring 387 square yards in Survey No.170 situated at Ashok Nagar, Bellampally Municipality, Mancherial District. The property has been in possession of the petitioner for several years. Respondent No.3 issued ownership certificate vide Roc.No.A1/2789/2017 dated 03.11.2017 certifying that petitioner is the owner of the subject property. The property was regularized by deed of conveyance in Proc.No.D/1068/2017 dated 15.02.2023 in terms of G.O.Ms.No.76, Revenue (Assn.I) Department, dated 11.07.2019. As per the location sketch map dated 08.08.2025 prepared by the Mandal Surveyor, Bellampally Mandal, petitioner is in possession of the land within the boundaries as per conveyance deed dated 15.02.2023. However, surprisingly impugned notice dated 04.08.2026 was issued to the petitioner to which petitioner submitted detailed reply 11.08.2026.
Learned counsel for the petitioner submitted that without conducting any enquiry and verifying the report, respondent authorities are threatening to demolish the subject property, as such, petitioner is constrained to approach this Court.
Learned standing counsel for respondent No.3 placed on record written instructions and submitted that houses in the Ashok Nagar locality including the petitioner's house were having access/way along with railway track. The said access was affected during construction of railway compound boundary wall and a portion of petitioner's property and other adjoining houses were also affected. On the request of affected house owners, the railway authorities left approximately twelve (12) feet wide pathway between the houses and railway compound wall, which is presently available for access.
Learned standing counsel further submitted that locality is also facing drainage problems and respondent No.3 has proposed to lay CC road and drain along with existing pathway to provide proper connectivity and basic civic amenities to the houses. Petitioner submitted reply dated 08.08.2026 and 11.08.2026 to the show-cause notice dated 04.08.2026 which are presently under consideration by respondent No.3. Respondent No.3 would follow due process of law, by considering the reply submitted by the petitioner, by affording opportunity of hearing to him, before taking any further action. No coercive action will be taken against the petitioner except in accordance with law.
Recording the submissions of learned standing counsel for respondent No.3 that no coercive action will be taken against the petitioner except in accordance with law, the writ petition is disposed of. No order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.