D.ChandraShekar v. 1. The State of Telangana

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 any order or direction writ or writs more particularly on in the nature of WRIT OF MANDAMUS declaring the action of the Respondents No.1 to 6 in not taking action by considering the Representation submitted to them d1.1811112024 along with earlier complaint dt.27lOSl2O22 against Respondent No.7 in carrying illegal construction of Ground plus 2 floors House bearing NO.13-3- '1034 to 1038 situated at earlier lmampura, now Jiyaguda, Hyderabad, executed during the lifetime of her husband by name Gardoji Kawle even after dismissal of the suit in O.S.No.214912014 dt.10/0812016, and O.S.No.313112016 on the file of the Honourable lV Junior Civil Judge, City Civil Court at Hyderabad, is fllegal, arbitrary and violation of principbs of natural justice and consequenfly to direct the Respondents NO.'l to 6 to remove the illegal structures raised by the husband of the Respondent NO.7 without obtaining permission from the Respondents No.2 to 5, on House bearing NO,13-3-1034 to 1038 situated at earlier lmampura, now Jiyaguda, Hyderabad. 1A 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 Respondents No.1 to 6 to remove the illegal structures raised by the husband of the Respondent No.7 without obtaining permission from the Respondents No.2 to 5, on House bearing No.13-3-1034 to 1038 situated at earlier lmampura, now Jiyaguda, Hyderabad pending disposal of the above writ petition. Counsel Counsel Counsel Counsel Counsel for the for the for the for the for the Petitioner: SRI D.Y.L.N.CHARYULU Respondent No.1: GP FOR MPCL AOMN & URBAN DEV Respondent Nos.2 TO 5: SRI M.ARX KUMAR, SC FoR GHMC Respondent No.6: SRI K.RAVINDER REDDY, SC FOR HYDRAA Respondent No.7: - The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.545 of 2O2S ORDER: Heard Mr. D.Y.N.L.N. Charprlu, learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, Sri. M. Arun Kumar, learned Standing Counsel for GHMC appearing for respondent Nos.2 to 5 and Sri K.Ravinder Reddy, learned Standing counsel for HYDRAA appearing for respondent No.6. Per-ursed the record.

2. Petitioner is the resident of Jiyaguda, Hyderabad' Respondent No.7 is also the resident of same area. Respondent No.7 is proceeding with unauthorized construction of Ground floor + 2 floors without obtaining permission from the respondent corporation. Two suits were filed for perpetual injunction by the husband of respondent No,7 vide O.S. No.2149 of 2Ol4 on the file of the learned IV Junior Civil Judge, City Civil Court, KL,J W.P.No.545 of 2025 2 Hyderabad and alother suit vide O.S. No.3131 of 2016 on the hle ol the learned IV Junior Civil Judge, City Civil Court, Hyderabad against Greater Hyderabad Municipal Corporation (GHMC) and the said suits were dismissed. Therefore, the petitioner has submitted representations dated 27 .O5.2O22 and L8.L1.2024 to respondent Nos.2 to 5 with a request to remove the said illegal and unauthorized construction made by the husband of respondent No.7. It is also stated by the petitioner herein that the husband of respondent No.7 died. Despite receiving and acknowledging the said representations, respondent Nos.2 to 5 did not act upon the sarne. Aggrieved by the said inaction of respondent Nos.2 to 5, petitioner hled the present writ petition.

3. Whereas the learned Standing Counsel for respondent Nos.2 to 5, on instructions, would submit that respondent No.7 and her Iate husband made construction without obtaining building permission and KL,J W.P.No 545 of2025 3 also violating the provisions. Learned trial Court dismissed both tJle suits. However, respondent No.4 will take action against respondent No.7 6y putting petitioner and respondent No.7 on notice and alfording them an opportunity and to follow the procedure laid down under the Greater Hyderabad Municipal Corporation Act, 1955 (for short, GHMC Act, 1955).

4. In the light of the said submissions, notice to respondent No.7 is dispensed with. The present writ petltron IS disposed of directing respondent No.4 to consider representations dated 27.O5.2O22 and

18.1L.2O24 submitted by the petitioner, conduct site inspection and take action against respondent No.7, strictly in accordance with law and also the procedure laid down under the GHMC Act, 1955, by putting petitioner and respondent No.7 on notice. Respondent No.4 shall complete the said exercise within a period of KL'J w.P.No.545 of 2025 4 four (04) weeks from the ciate of receipt of a copy online application. No order as to costs As a sequel, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPYII SO/.P.CH. NAGABHUSHAMBA AsslNtNr REGTSTRAR l\\-- To \SECTION OFFICER 1. The Secretarv Municioal Admin-igllration, and Urban Development Department, - Secretariat H-yderabab, state oiteJanoa;;- "'* z. I he Commissioner, Greater Hyderabat Municipal Corporation, Tank Bund 3. The Zonal Commissioner, Kh.eirtabgg Zone, Circie_13, Hyderabad. 1 I!,," Deputy Commissioner, c.ircie-rs Khilia6li'2on-" liGEEG;. 5. The Assistant cftv pranner, circre-15 rr,iirtJiJi 2on", H'vo-"ru-o-"-0. 6. The Commissioner HyDRliA- HF;il;'il;&; Response and Asset Hyderabad. !ffib%l,""AsencyHyDRAA,reiangi"isd,6ii';ri'Hr[e-.;fi ";;}effi;:r*

7. One CC to SRt D.Y.L.N.CHARy_UL_U, Advocate [OpUC] 8. one cc to sRt M.ARUN KUM4n,-st icjntiirhb topi,rct 9. Two CCs to Gp FoR MPC_L a-qll.ry_a UnsAIi bi"v, nightorrt forthe State .^ of Telangan-a, at Hyderabad. IOUTI- 10.one cc to SRI K.FiAVtNDER'neo6v, sc FoR HYDRAA IOpucI 1'1.Two CD Copies PSK. BSK HIGH COURT DATED:07101t202s ORDER WP.No.545 ot 2025 -t F{E sr4) (. o -( e ,( ) 3, 24FEB ?t25 Z a I t oe ,s-p'alcAL o DISPOSING OF THE WRIT PETITION WITHOUT COSTS '&$,{