Mr. Ramdev Mundada v. The Govemment of Telangana

Mr. Bhagwandas Mundada, Sio: Late Giridharilal Mundada, Aged 68 years, Occ: Business, Rl/o H No. 20-1-468, Old Kabutarkhana, Hussaini-alam, Hyderabad.

5. Mr Kishan Mundada, S/o: Mr. Bhagwandas Mundada, A Occ: Business, R!/o H No. 20-1-468, Old Kabutarkhana, Hyderabad. ged 68 years, Hussaini-alam,

6. Mr.Sandeep Attal, S/o: Late Giridhari Lal Aftal Aged 41 years, Occ: Business, Rl/o Plot No.6 and 7, Ratna Co-Society, Sikh Village, Near Hanuman Temple, Secunderabad.

7. Mr.Gautam Sharma, S/o: Sri. Ramesh Sharma, Aged 41 years, Occ. Service, Ri/o H.No.20-1-544, Old Kabutar Khana, Hyderabad. ...RESPONDENTS Petition under Article 226 of lhe Conslitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the act of Respondents no.2 and 3 for their inaction to the complaints dated.13.'12.2024, 23.12.2024 and 27.'12.2024 lodged by the petitioner in respecl of illegal construction raised at Southern and Eastern Portion of the property bearing Municipal 2O-1-468, situated at Old Kabutarkhana, Hussaini Alam, Hyderabad, by Respondent No.4 and 5 affecting the rights of the petitioner as envisaged under Article 19 and 300 A of lndian Constitution as totally illegal and arbitrary thereby directing the Respondent No's. 2 and 3 to take appropriate action stop the illegal construction raised at Southern and Eastern Portion of the property bearing Municipal 2O-1-468, situated at Old Kabutarkhana, Hussaini Alam, Hyderabad by Respondent No.4 and 5, without leaving mandatory setbacks as per GHMC Rules and Regulations. 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 Respondents No.2 and 3 to stop the illegal construction being raised by the Respondent No.4 and 5 on the Southern and Eastern Portion of property bearing Municipal No.20-1- 468, situated at Old Kabutarkhana, Hussaini Alam, Hyderabad, without leaving mandatory setbacks as per GHMC Rules and Regulations, pending disposal of writ petition. Counsel for the Petitioner: SRI DAMODAR MUNDRA Counsel forthe Respondent No.1: cP FOR MCPLADMN URBAN DEV Counsel forthe Respondent Nos.2 and 3: SRI RAPARTHI VENKATESH, SC Counsel for the Respondent Nos.4 lo 7:----- The Court made the following: ORDER / C HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.1251 of 2025 ORDER: Heard learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Sri Raparthi Venkatesh, learned Standing Counsel appearing for respondent Nos.2 and 3. Perused the record. In view of the nature of relief sought by the 2. petitioner, this Writ Petition is disposed of at the admission stage dispensing with notice to respondent Nos.4 to 7.

3. Petitioner and respondent No.4 are own brothers Respondent No.5 is son of respondent No.4. Respondent Nos.6 and 7 purchased the property from respondent No.5. According to the petitioner, respondent Nos.4 to 7 making construction by encroaching contmon KI-.J w PNo 1251of2025 2 l I passage illegally. Therefore, petitioner has submitted representations, dated 13.12.2024, 23.72.2024 and

27.12.2024 to respondent Nos.2 and 3 with a request to take action against respondent Nos.4 to T. Despite receiving and acknowledging the said reprcsentation, respondent Nos.2 and 3 did not act upon the same. Aggrieved b1'the said inaction of respondent Nos.2 and 3, petitioner filecl the present writ petition

3. Whereas, Sri Raparthi Venkatesh, learned Standing Counsel appearing for respondent Nos.2 and 3, on instructions, would submit that respondent No.3 has issued show cause notice, dated 24.12.2024 to respondent Nos.4 to 7 by granting seven (7) days time to submit explanation as to why action shall not be taken for making construction by encroaching into the common passage. Thereafter, respondent No.3 will take action strictly in accordance with the procedure laid down under the Greater Hyderabad Municipal Corporations Act, 1955 (.for short, the Act, 1955) by putting the petitioner and respondent 7 !il-,J w.P.No.l25l ol 2025 Nos.4 to 7 on notice and aflording them an opportunity of hearing.

4. In the light of the said submissions, this Writ Petition is disposed of directing respondent No.3 to consider the representations, dated 13.12.2024, 23.I2.2024 and

27.12.2024 submitted by the petitioner and inspect the site and if the allegations are found to be true, he shall take action against respondent Nos.4 to 7 strictly in accordance with the procedure laid down under the Act, 1955, by putting the petitioner and respondent Nos.4 to 7 on notice and affording them an opportunity of hearing within zt period of four (4) weeks from the date ol receipt of a copy ol this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPY// sD/- s. ALLIKARJUNA RAO TANT REGISTRAR ICER To, \

1. The Assistant City Planner, Greater Hyderabad Municipal Corporation' Circle lV, Sardar Mahal, HYderabad'

2. One CC to Sri Damodar Mundra, Advocate [OPUC] 3. Two CCs to GP for Municipal Administration Urban Development, High court " f;;ih; of Telansana"at Hvderabad [oUTl 4. One CC to Sri Raparthi Venkatesh' SC[OPUC] -sirt" 6- --b-l.a-- 7 I

5. .Mr. Bhagwandas Mundada, S/o: Late Giridharilal Mundada, Aqed 68 vears. Occ: Business, Rl/o H No. 20-1-468, Old Kabutarkhana, Hussa"ini-alarir, Hyderabad.

6. Mr Kishan Mundada, S/o: Mr. Bhqgwqndas Mundada, Aged 68 years, Occ: Business, RYo H No. 20-1-468, Old Kabutarkhana, Fussairii-alarir, Hyderabad.

7. Mr.lr.ndeep Attal, S/o: Late Giridhari Lal Attal Aged 41 years, Occ: Business, Ri./o Plot No.6 and 7, Ratna Co-Society, Sikh Village, Ne-ar Hanuman Temple, Secunderabad.

8. Mr.Gautam Sharma, S/o: Sri. Ramesh Sharma, Aged 41 years, Occ. Service, Rl/o H.No.20-1-544, Old Kabutar Khana, Hyderabid.

9. Two CD Copies TJ s HIGH COURT DATED:10101t2025 I I ORDER WP.No.1251 ot 2025 ( J C F,F- ST4 7'4: 1 ( ).. ( , o A 13 i[? 2[25 * () fs;rrATCr'r r-O / DISPOSING OF THE WRIT PETITION WITHOUT COSTS @t,rq %vw