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2024 DIGILAW 837 (TS)

Jain Construction v. State of Telangana

2024-10-23

K.LAKSHMAN

body2024
ORDER : K. LAKSHMAN, J. Heard Sri Sharad Sanghi, learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, Sri B. Jagan Madhav Rao, learned Standing counsel appearing for respondent Nos.2 and 4 and Smt D. Madhavi, learned standing counsel appearing for respondent No.3. Perused the record. 2. Perusal of record would reveal that respondent No.2 has issued a notice dated 17.10.2024 under Section 254 of the TELANGANA MUNICIPALITIES ACT , 2019 (for short ‘the Act’) requesting the petitioner to submit documents such as registered ownership document, link documents, building permission copies and LRS documents (if any) pertaining to the subject property i.e. land admeasuring Ac.6-09 gts., in Sy.Nos.28/6 and 29 (part) situated at Narapally Village, Ghatkesar Mandal, Medchal-Malkajgiri District and land admeasuring Ac.2-26 gts., in part of Sy.Nos.764/UU/1, 764/A/AA/1, 764/E/AA/1, 764/AA/AA/1 situated at Korremula village, Chowdariguda Grampanchayat, Ghatkesar Mandal, Medchal-Malkajgiri District, total admeasuring Ac.8-35- 56 gts. The said notice was issued on the complaints lodged by one Singi Reddy Srinivas Reddy, President of Pocharam Municipality Congress Committee and Kandadi Sudarshan Reddy during Prajavani and one Balagouni Venkatesh Goud, 10th Ward councilor of Pocharam Municipality. In the said notice, there is also mention about the complaints given by the aforesaid persons alleging that petitioner is developing the venture of Apartment in the name and style of Central Park East by illegally grabbing the land in Sy.Nos.27 and 28 to an extent of Ac.1-10 gts., situated at Narapally Revenue village, Ghatkesar Mandal, Medchal-Malkajgiri District by creating fake, sham and concocted documents. 3. Petitioner has submitted explanation along with documents to respondent No.2 on 21.10.2024. 4. Referring Section 254 of the Act, learned counsel for the petitioner would contend that respondent No.2 has power to summon any person to attend and give evidence or produce documents in respect of any question relating to taxation, inspection, registration, to the grant of any licence or permission under the provisions of the Act. Except the aforesaid five circumstances, respondent No.2 cannot direct the petitioner to produce the documents. In the present case, petitioner is making construction strictly in accordance with the Building permission dated 22.12.2023 and there is no deviation. In the notice dated 17.10.2024, there is no mention about the five circumstances to seek documents from the petitioner. Therefore, respondent No.2 cannot issue notice under Section 254 of the Act. In the present case, petitioner is making construction strictly in accordance with the Building permission dated 22.12.2023 and there is no deviation. In the notice dated 17.10.2024, there is no mention about the five circumstances to seek documents from the petitioner. Therefore, respondent No.2 cannot issue notice under Section 254 of the Act. He would further contend that respondent No.2 cannot decide the documents as either fake or sham or concocted. It is not the duty of respondent No.2 to decide the genuineness of the documents and it is for the civil court to decide the same. The aforesaid three persons who had made complaints belongs to ruling party and at their instances, respondent No.2 has issued the notice dated 17.10.2024. 5. Whereas learned standing counsel appearing for respondent No.2 and 4 on instructions would submit that respondent No.2 has issued the notice dated 17.10.2024 to the petitioner directing to submit the said documents for verifying the genuineness of the same, on the allegations made by the aforesaid three persons in their complaints. Respondent No.2 will consider the explanation dated 19.10.2024 submitted by the petitioner along with the documents and take action in accordance with the procedure laid down under the Act. 6. As discussed supra, respondent No.2 can issue summons to any person including the petitioner herein to attend and give evidence or produce documents in respect of any question relating to only five circumstances i.e. taxation, inspection, registration, to the grant of any licence or permission, under the provisions of the Act. For the purpose of making enquiry on the allegations of developing venture by the petitioner illegally by grabbing the land in Sy.Nos.27 and 28 to an extent of Ac.1-10 gts., situated at Narapally Revenue village, Ghatkesar Mandal, Medchal-Malkajgiri District, respondent No.2 cannot issue a notice under Section 254 of the Act and it is defective. He cannot direct the petitioner to produce the said documents as mentioned in the notice dated 17.10.2024 to verify whether the said documents issued are either fake, sham or concocted one. Therefore, the impugned notice dated 17.10.2024 issued by respondent No.2 is not in accordance with Section 254 of the Act. Therefore, it is liable to be set aside and accordingly it is set aside. However, liberty is granted to respondent No.2 to initiate fresh action, if any, against the petitioner in the event of any violation. Therefore, the impugned notice dated 17.10.2024 issued by respondent No.2 is not in accordance with Section 254 of the Act. Therefore, it is liable to be set aside and accordingly it is set aside. However, liberty is granted to respondent No.2 to initiate fresh action, if any, against the petitioner in the event of any violation. It is made clear that the petitioner shall proceed with the construction strictly in accordance with the Building permission dated 22.12.2023, failing which, liberty is granted to respondent No.2 to take action in accordance with the procedure laid down under the Act. 7. Accordingly, this writ petition is allowed. In the circumstances of the case, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.