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Judgment
Heard M/s. Vankina Allu and Partners-Advocates, learned counsel for the petitioner; Mr. Putta Krishna Reddy, learned Standing Counsel for respondents No.2 and 3; and perused the material on record.
Learned Standing Counsel for respondents No.2 and 3 submitted that show cause notice No.G1/116/2026 dated 11.06.2026 was issued to the petitioner on complaint dated 09.06.2026 lodged by Bharath Nagar Colony Residents alleging that the petitioner has encroached the road by constructing compound wall thereby reducing the road width from 25 feet, as shown in the layout, to 20 feet. The site of the petitioner was inspected on 11.06.2026 and it was found from the registered documents of the petitioner that there is 20 feet wide road showing access to the petitioner. The building permission was granted to the petitioner after obtaining undertaking that the petitioner would leave 30 feet wide road in accordance with the provisions of the Telangana Municipalities Act, 2019. Learned Standing Counsel further submitted that the construction of compound wall was within the road area and thus, it is unauthorized. The petitioner has made construction in deviation of the building permission. Though the show cause notice was received by the petitioner, he did not submit any reply, as such, speaking order dated 04.08.2026 was passed.
Learned counsel for the petitioner submitted that the petitioner is a farmer and he did not know the consequences of non-submission of reply to the show cause notice and requested one more opportunity to be granted so that the petitioner can prove that there is no encroachment of road. Learned counsel further submitted that the road width has to be measured from centre of the road. If the measurement is taken from the centre of the road, it would be clear that the petitioner has not encroached any road portion. According to the learned counsel, from the road meridian, there has to be 15 feet measured on either side of the road. However, based on false allegation by the colony residents of Bharath Nagar Colony that the road has been encroached by the petitioner, without conducting proper site inspection and without the presence of the petitioner, the impugned speaking order was passed.
As it is stated that the petitioner could not submit reply to the show cause notice dated 11.06.2026, the speaking order dated 04.08.2026 shall be treated as show cause notice. The petitioner is directed to submit reply to the same within a period of seven (7) days from the date of receipt of a copy of this order. Upon receipt of such reply, respondent No.3 shall conduct enquiry by affording opportunity of hearing to the petitioner and the complainant-Bharath Nagar Colony Residents, and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of one (2) weeks thereof. Until such exercise is done, the speaking order dated 04.08.2026 shall be kept in abeyance.
With the above observations, this writ petition is disposed of. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition, stand closed.