High Court · 2025

Judgment

1. 2 The State of Telangana, Rep by its Principal Secretary, Municipal Administration Department, Secretariat, Hyderabad. Greater Hyderabad Municipal Cooperation, Rep by its Commissioner, Head office, Municipal Corporation, Tank bund, Hyderabad.

3. Greater Hyderabad Municipal Corporation, Rep by its Zonal Commissioner, LB..Nagar Zone-Fruit Market, Opp to Kothapet, Saroornagar.

4. The Deputy Commissioner, GHMC-Rajendranagar Circle-'l 1, Rangareddy District.

5. The Asst. City Planner, GHMC-Rajendranagar, Circle-11, Rangareddy District. 6. Mr. Buttala Narsimha @ Thota Narsimha, S/o Ellaiah, Age about 54 years, Occ. Govt. Employee, Rl/o H. No. 3-6-5, Bagavath Guda, Budvel, GHMC, Rajenderanagar Circle-1 1, Rangareddy District.

7. Smt. Buttala Sharadha @ Thota Sharadha, Wo Buttala Narsimha @ Thota Narsimha, Age about 43 years, Occ. Housewife, R:/o H. No. 3-6-5, Bagavath Guda, Budvel, GHMC, Rajenderanagar Circle-11, Rangareddy District. - ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the clrcumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, or writs, order or orders, direction or directions, more particularly one in the nature of Writ of Mandamus to declare the unauthorized construction of the building by the Respondent No.6 and 7 over Plot No.1 , admeasuring 225 sq. yards in Sy. No. 72 of Hyderguda Village, GHMC, Rajendraanagar circre-11, as iflegar, arbitrary and vioration of fundamentar rights guaranteed under Articre 14, 16, 21 and 300 A of constitution of rndia and consequently, direct the respondents to consider the representation dt. 23-10-2024 in respect of the plot No. .l , admeasuring 22S sq yards in Sy. No. 72 of Hyderguda, Village, GHMC, Rajendranagar Circle_11, Raj endrangar Mandal, Rangareddy District IA 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 forthwith to demorish the unauthorized construction over the Plot No. 1, admeas uring 225 sq. yards in Sy. No. 72 of Hyderguda, Village, GHMC, Rajendranagar Circle_.1 1, Rajendrangar Mandal, Rangareddy Diskict, pending disposal of the main case. Counsel for the petitioner: SRI S.GANESH counsel for the Respondent No.1: AGp FoR McpL ADMN URBAN DEV counsel for the Respondent No.2 to 5: sRr RAPARTHT VENKATESH, SC FOR GHMC The Court made the following: ORDER I HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION N0.554 0F 20.25 ORAL ORDER Heard Sri S. Ganesh, learned counsel for the petitioner, learned Assistant Government pleader for Municipal Administration and Urban Development for respondent No. 1 and Sri Raparthi Venkatesh, learned standing counsel appearing for respondent Nos.2 to 5. Perused the record.

2. Petitioner is a resident of H.No.3_6_42, Burlvel Village, GHMC, Rajendranagar Circle. Respondent Nos.6 and 7 are making construction without obtaining permission from GHMC. On the complaint lodged by the petitioner, respondent No.4 has issued notice dated O4.O3.2O22 to respondent No.6 stating that respondent No.6 has unauthorizedly raised columns for ground floor without obtaining prior permission from GHMC, which is violation of G.O.Ms.No. l68, MA, dated OZ.O4.2Ol2. ?? Thereffire, respondent No.4 directed respondent No.6 to -) stop construction and submit explanation within seven (71 days. Even then, respondent Nos.6 and 7 are proceeding r,r,ith the construction. Therefore, petitioner has submitted representation dated 23.10.2024 to respondent No.4 with a request to take action against respondent Nos.6 and 7. Despite receiving ald acknowledging the said representation, respondent No.4 did not act upon the sarrre. Aggrieved by the said inaction of respondent No.4, petitioner filed the present writ petrtton

3. Sri Raparthi Venkatesh, learned standing counsel appearing 1or respondent Nos.2 to 5 on instrrrctions would submit that respondent No.4 will consider the representation dated 23.1O.2024 and take action against respondent Nos.6 and 7 strictly in accordance with the procedure laid down under GHMC Act, 1955 by putting the petitioner and respondent Nos.6 and 7 on notice and affording them an opportunity of hearing. 3

4. It is also relevant to note that in the representation dated 23. 1O.2O24, petitioner has specilically stated that respondent Nos.6 and 7 are proceeding with construction by occupying his land to an extent of 90.93 sq.yds. and constructing house over 225 sq.yds. without any permissions. A suit vide O.S.No.61 of 2O2O filed by him seeking declaration of title and recovery of possession is also pending. However, the said aspects, respondent No.4 cannot consider. Respondent No.4 will consider as to permission if any obtained by respondent Nos.6 and, 7 while making construction.

5. In the light of the aforesaid discussion, this writ petition is disposed of directing respondent No.4 to consider the representation dated 23. IO.2024 submittecl by the petitioner to the notice dated 04.03.2022 issued by respondent No.4 and take action against respondent Nos.6 and 7 strictly in accordance with the procedure laid down under GHMC Act, 19SS by putting the petitioner and respondent Nos.6 ar;rd 7 on notice and \ i I i ( 4 affording them an opportunity of hearing. He shail complete the said exercise within a period of four (4) weeks from thc date of receipt of copy of this order However, respondent No.4 shall not consider inter-se disputes bctu.een the petitioner and respondent Nos.6 and 7 including alicgation made by the petrtioner that respondent Nos.6 ald 7 are making consl.rr-rction by occupying his lald to an extent of 90.93 sq.yds. It is for the petitioner to pursue the said suit vide O.S.No.61 of 2O2O tled by him. In the circumstances of the case, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in tl're Writ Petition shall stand closed To //TRUE COPY// SD/. A.SRINIVASA REDDY ASSISTANT REGISTRAR Jl\i ECTION OFFICER 1 . The Principal Secrelary, Municipal Administration Department, Secretariat, Hyderabad, State of Telangana.

2. The Commissioner, Greater Hyderabad Municipal Cooperation, Head office, Municipal Corporation, Tank bund, Hyderabad.

3. The Zonal Commissioner, Greater Hyderabad Municipal Corporation, L.B.Nagar Zone-Fruit Market, Opp to Koth5pet, Saroornagar. a. IE Deputy Commissioner, GHMC-Rajendranagar Circle_1 1, Rangareddy District.

5. The Asst. city Pranner, GHMC-Rajendranagar, circre-1 1, Rangareddy District. / I

6. One CC to SRI S.GANESH, Advocate tOpUCl 7. One CC to SRt RAPARTHI VENKATESH, SC FOR GHMC [OPUC] B lwo CCs ro Gp FOR Mr Telangana ,t nva"rrnrocfLlltDMN URBAN DEV' High court for the state of

9. Two CD Copies BSR PSK r-u HIGH COURT DATED: 0810112025 t I ORDER WP.No.SS4 of 2025 I \ 'I x.S C. c 0 + f I t :d(] 7 z a t r) FspATc.P. * DISPOSING OF THE WRIT PETITION, WITHOUT COSTS :.! Gx.\4'' u-/ tl,{