The High Court · 2025

Judgment

4. 6 7 Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus, to declare the non-action of the official respondents against the private respondent No.7 over the entertainment of illegal structures made against to the rules and violation of construction permission without demolishing the illegal structures and as well as treating the acts of the private respondent are very dangerous to the aggrieved parties in premises No.7-1-306/2/,4/3/18(old ) and 7-1-396/2/A/3/'1 8(New), situated at B.K.Guda, S.R.Nagar, Hyderabad, Telangana state and consequentially declare I I I I the acts of the private respondent No.7 which is entertained by official respondents are illegal, against to living liberty of aggrieved civilians lA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the official respondents to demolish the illegal structures forthwith constructed by private respondent entertained by official respondents in premises No. 7-1 -306/2lAl3l18 (Old) and 7-1-396121A13118 (New), situated at B.K.Guda, S.R.Nagar, Hyderabad, Telangana state pending disposal of the main Writ Counsel for the Petitioner: SRl. KATRAPATI SATYANARAYANA Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMIN|STRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos. 2to6: SRI MIDDE ARUN KUMAR, SC FOR GHMC Counsel for the Respondent No.7:-- The Court made the following: ORDER ,- HON'BLE SRI JUSTTCE K. LAKSHMAN WRIT PETITION No.35O of 2025 ORDER: Heard learned counsel appearing for the petitioner, learned Assistant Government Pleader for Municipa'l Administration and Urban Development appearing for respondent No. 1 and Sri Midde Arun Kumar, learned Standing Counsel appearing for respondent Nos'2 to 6. Perused the record.

2. In view of the nature of relief sought by the disposed of at the petitioner, this Writ Petition 1S I l I admission stage dispensing with notice to respondent No.7.

3. Petitioner is a registered association. Residents of ESW Quarters, S.R. Nagar are its members. Respondent No.7 has obtained building permission from the GHMC for construction of G+2 upper floors in 85 Sq. yards situated at H.No.SRT-147, S.R. Nagar, Ameerpet, t KL,J W.l'>.No.35o of 2025 2 Hyderabad. He is making construction in deviation to the building pennit order. He has already compieted 3.d floor and constructing 4th floor un-authorizedb.. It is un- authorizecl construction. Therefore, the petitioner has submitted a representation, dated 18.12.2024 with respondent No.5 with a request to take action against respondent No.7. They have visited the subject property, but they have not taken any action against respondent No.7. Thercfore, the petitioner has also submitted another representation, dated 20.12.2024 with the Commissioncr, GHMC, with a request to t.ake action against respondent No.7. Despite receiving and acknowledging the said representations, responclent No.5 did not act upon the same. Aggrieved by the said inaction of respondent No.5, petitioner filed the present writ petition.

4. Whercas, Sri Midde Arun Kumar, learnecl Standing Counsel appearing for respondent Nos.2 to 6, on instructions. would submit that on receipt of complaint, I I I I i J KL,J W.P.No.35O of 2025 dated O3.1O.2O24 from one , Mr.Japtish and representation, dated 18.12.2024 of petitioner association, respondent No.2 has issued a Show Cause Notice, dated 1O. lO.2O24 to respondent No'7 and also passed speaking order dated 23.12.2024 directing respondent No.7 to remove the said un-authorized construction. But he has not removed' However, respondent No.S will take action against respondent No'7 by addressing a letter to the Nodal Ofhcer with a request to remove the un- auth orized construction pursuant to the speaking order, dated 23.12.2024. He has also furnished copies of Show Cause Notice, dated 1O' lO'2024 and speaking order dated 23.12.2024 to the learned counsel appearing for the petitioner and also to this Court. The same are placed on record.

5. In the light of the said submission, this writ petition is disposed of directing respondent No'5 to consider the representation, dated 18.12.2024 submitted by the petitioner and take action against respondent No'7, \ \ KL,J W.P.No.350 of 2025 4 pursuant to the speaking order, dated 23.L2.2024, strictly in accordance with the procedure laid down under law. He shall complete the said exercise within a period of four (4) weeks from the date of receipt of a copy of this orcler. There shall be no order as to costs. As a sequel, the miscellaleous petitions, if any, pending in the Writ Petition sha,ll stand closed. I I To, i/TRUE COPY// SD/.N.SRIHARI ASSilSTANT REGISTRAR ECTION OFFICER State State State. Telangana State. 1 . The Principal Secretary, Municipal Administration, Hyderabad, Telangana 2. The Municipal Commissioner, GHMC, Lower tank bund, Hyderabad, 3. The Chief city planner, GHMC, Lower tank bund, Hyderabad, Telangana 4. The Zonal Commissioner, GHIr/C, Khairtabad Zone, Hyderabad, Telangana 5. The Deputy_Commissioner, GHMC, Circle No.17, Khairtabad, Hyderabad, 6. The Assistant City PFnner, Circle No.17, Khairtabad, Hyderabad. 7. Two CCs to GP FOR MUNICIPAL ADMINISTRAT|ON AND URBAN - DEVELOPIV^ENT ,F_il9! .CouI! for the State of Telangana, ar Hyderabad [OUT] 8. One CC to SRl. KATRAPATI SATYANARAYANA, Advocate IOPUC] 9. One CC to SRl. MTDDE ARUN KUMAR, SC FOR GHMC [OPUC] 10.Two CD Copies Telangana State. B IV /BSK I I HIGH COURT DATED:0610112025 ORDER WP.No.350 of 2025 I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS /3 4./, 7V//, I //a- I/o [|", \e. 1HE SI4 o 13 tEB lTfi z D €sp^TC rr(:Q