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Judgment
This writ petition is filed to declare the action of the respondents in interfering into the peaceful possession and construction of house in plot No.103 in Survey No.103 to an extent of 60 square yards situated at Vinayakanagar, Medipally Mandal, Medchal-Malkajgiri District, in pursuance of the provisional certificate of registration, vide file No.06327/MMC/00511/IR/C10/2026, dated 18.06.2026 without issuing any notice and without following due process of law, as being illegal, arbitrary and consequently to direct the respondents not to interfere into the construction of the said house without issuing any notice and without following due process of law.
Heard Mr. Gudi Madhusudhan Reddy, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 and Mr. Srinivasa Rao Pachwa, learned Standing Counsel for Malkajgiri Municipal Corporation appearing on behalf of respondent No.5. With the consent of both the parties, the writ petition is being taken up for disposal. Perused the entire record.
The learned counsel for the petitioner submits that respondent No.5 issued provisional certificate of Registration, vide File No.06327/MMC/00511/IR/C10/2026, dated 18.06.2026, for construction of Ground + 1st floor in favour of the petitioner. While the construction work was being done on 14.08.2026, the respondent Nos.3 to 5 along with their staff came to the construction site and started interference and directed the petitioner not to take up any construction work alleging that it is a government land. Learned counsel further submits that even though the petitioner showed the building permission, the respondents orally directed not to do anything and also threatened that if the construction work starts in the subject land, they will demolish the structures. Aggrieved by the same, the present writ petition is filed.
The learned Assistant Government Pleader for Revenue as well as learned Standing Counsel would submit that the respondent authorities are not interfering with the construction work of the petitioner in the subject land and that that if the petitioner violates any conditions mentioned in the patta and building permission granted earlier, they will initiate action after following due process of law only and prayed this Court to pass appropriate orders in this writ petition.
In that view of the matter, recording the aforesaid submissions and with the consent of the learned counsel on either side, without going into the merits of the case, this Court deems it fit and proper to direct the respondents to follow due process of law before initiating any action on the subject property of the petitioner. It is made clear that this order shall not preclude the respondents to take appropriate action if the petitioner violates any conditions mentioned in the patta granted on 10.08.2022 and in the building permission granted.
With the above direction, the writ petition is disposed of at the admission stage. There shall be no order as to costs.
As a sequel, miscellaneous applications, if any pending in this writ petition, shall stand closed.