High Court · 2025

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 order or orders more particularly one in the nature of writ of Mandamus declaring the action of the Respondents No.3 and 4 herein in not considering to the representation dated 1s-07 -2024, and consequenfly direct the respondent no.3 and 4 to provide an opportunity to the petitioner herein if any kind of regularization application like TDR is applied by V.Janga Reddy i.e., the Respondent no.S in respect of the Residential Apartment constructed on plot No.35, Sri Sai Nilayam Apartments, Sri Ram Nagar, Behind Vijayalaxmi Theatre, I 1 *7 L.B.Nagar, Hyderabad, and arso direct the respondent no.5 immediatery not to proceed with the illegal construction being made which is absolutely illegal, arbitrary and violative of principles of natural justice and violation of violation of Articles 14, 19, 300-4 of the Constitution of lndia. l.A.NO:'l oF 202s Petition Under section 1sl cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to pass necessary orders directing the respondent no.3 and 4 to consider the representation dt. 1S-7-2024 made by the petitioner. Counsel for the Petitioner : SRI KIRAN REDDY MALLARAPU 99y-f"] for the Respondent No.1 : Gp FOR MCPL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 to 4 : SRI P.SRINIVASA RAO I Counsel forthe Respondent No.5 : - The Court made the following ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.6O6 OF 2025 { ORAL ORDER: Heard Sri M. Kiran Reddy, learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development for respondent No. 1 and Sri Srinivas Rao Pachwa, learned standing counsel appearing for respondent Nos.2 to 4. Perused the record.

2. Petitioner is claiming that he is the absolute owner and possessor of Flat No.4O1 in Fourth Floor of the Apartment named as 'SRI SAI NILAYAM', having a super built up area of 117O sq.ft., (including common area, balconies) together with a car parking of 80 sq.ft. totaling to 125O sq.ft., along with a proportionate undivided share and interest in the land admeasuring an area of 45 sq.yds., out of the total extent of land admeasuring 40O sq.yds., constructed on the land bearing Plot No.35, forming part of Sy.No.SS, situated at Parthiwada, 1n l 2 Karmanghat Revenue Village, Saroornagar Revenue Mandal, under Ward No.S, Block No.2 of L.B.Nagar Circle No.3 of GHMC, Ranga Reddy District, on the strength of a registered sale deed bearing document No. 11264 of 201g, dated 30.O9.20 18. Respondent No.5 is Builder. He has made unauthorized construction over the terrace in deviation to the Building permit order. Therefore, on the complaint lodged by the petitioner, respondent authorities demolished the same. Now, he has dumped construction material to commence construction on terrace. He is also trylng to obtain regularization proceedings from respondent No.2. Therefore, petitioner has submitted a representation dated \S.OZ.2O24 to respondent Nos.3 and 4 with a request to take action against respondent No.5 and not to grant regularization proceedings in favour of respondent No.S in respect of the unauthorized construction. Despite receiving and acknowledging the said application, respondent Nos.3 and 4 did not act upon the same. Challenging the said w7 ,'.'. ----- "-= -.v ./ inaction of respondent Nos.3 and 4, petitioner filed the present writ petition.

3. Sri Srinivas Rao Pachwa, learned standing counsel appearing for respondent Nos.2 to 4 on instructions would submit that respondent No.3 will consider the representation dated 15.07.2024 and take action against respondent No.5 for making unauthorized construction on the terrace by putting the petitioner and respondent No.S on notice and affording them an opportunity of hearing. However, petitioner has to submit a representation to respondent No.3 with a request not to consider any application submitted by respondent No.S to regularize the unauthorized construction. Respondent No.3 is the competent authority. t \

4. In the light of the said submission, notice to respondent No.5 is dispensed with.

5. This writ petition is disposed of directing respondent No.3 to consider the representation dated 15.07.2024, + lnspect the site and if the allegations made by the petitioner are found to be correct, he shall take action against respondent No.5 by putting the petitioner and respondent No.5 on notice and affording them an opportunity of hearing. He shall complete the said exercise within a period of four (4) weeks from the date of receipt of copy of this order. However, liberty is granted to the petitioner to submit representation to respondent No.3 with a request not to entertain the regulari zation applicertion submitted by respondent No.S in respect of unauthorized construction ald it is for the respondent No.3 to consider the same in accordance with law. In the circumstances of the case, there shar be no order as.to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the Writ petition sha_ll stand closed. To //TRUE COPY// SD/.A.V.S. PRASAD ASSISTANT REGISTRAR SECTION OFFICER I

1. The Principal Secretary, MA and UD, Secretariat, State of Telangana at Hyderabad.

2. The Commissioner, GHMC, Hyderabad. 3. The Deputy Commissioner, Circle No.4 East Zone GHMC, L.B.Nagar, Hyderabad.

4. The Assistant City Planner, Circle No.4 East Zone GHMC, Hyderabad. 5. Two CCs to GP FOR MCPL ADMN AND URBAN DEVELOPMENT, High Court for the State of Telangana at Hyderabad. [OUT] 6. One CC to SRI KIRAN REDDY MALLARAPU, Advocate IOPUC] 7. One CC to SRI P.SRINIVASA RAO, Advocate (OPUC) 8. Two CD Copies Vx, SA _--.-.\- 1 HE s an .::- '(- ( oe. rvr' \ 5 c (J 2 4 JAll 2[25 , Or g:pa-1gr.tli_ Cr * HIGH COURT DATED:0810112025 ORDER WP.No.606 ot 2025 DISPOSING OF THE W.P WITHOUT COSTS. ,\# \Lq,