Sri Radheshyam v. Hyderabad

2. The Greater Hyderabad Municipal Corporation, Rep., by its Commissioner, 3. The Deputy Commissioner, GHMC, Circle- 1 5, Musheerabad Division, 4. The Assistant City Planner, GHMC, Circle-'15, Musheerabad Division, 5. Sri Gopal Agarwal, S/o. Sri Ramkishan Aganival, Aged About.60 years, Occ. Hyderabad. Hyderabad.

6. Sri Girdharilal Agarwal, S/o. Sri Ramkishan Agarwal Aged About. 58 years, 7. Sri Govind Agarwal, S/o. Sri Ramkishan Agarwal Aged About. 55 years, Occ. Occ. Business,

8. Manish Agarwal, S/o. Sri Ramkishan Agarwal Aged About. 50 years, Occ. Business, Business, Business Respondents No. 5 to 8 are residents at H. No. 1-2-593115, Gagan Mahal Colony, Domalguda, Hyderabad, Telangana. ...RES'ONDENTS 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 a writ, direction or order more particularly one in the nature of Writ of Mandamus to declare the inaction of Respondents No. 2 to 4 in removing the illegal structures raised by the Respondents Nos. 5 to B over the stilt floor of the building known as Sri Balaji Solitiare, bearing H. No. 1-2-593143A and 1-2- I 593144, situated at Gagan Mahal Colony, Domalguda, Hyderabad, Telangana - 500029, as arbitrary, illegal and unconstitutio nal and in violation of the provisions of relangana Apartrnents (Promotion of construction and ownership) Act, 19g7 and consequently, cirect the Respondents Nos. 2 ro 4 ro remove the illegal structures raised by the Respondents No. 5 to B at the stilt floor of the building known as Sri Balaji solitiare, bearing H. No. 1-2-sg3l43A aad 1-2-s93t44, situated at Gagan lllahal Colony, Domalguda, Hyderabad, Telangana - 500029, being violation of th,3 permission vide permit No. s1981/Ho/ czlclR-gt2o16, dl. o5-o7'2016, in File No. 731931121041 2o16tHo, issued by Greater Hyderabad Municipal Corporation 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 Responderrts No. 2 to 4 to remove the unauthorized structures raised by the Respondent Nos. 5 to I in violation of permission virle permit No. 51981/Ho/ czlclR-9tt2016, dt. 05-07-2016, in Fite No. 73193t1zto4t2o16t{o, issued by the Greater Hyderabad Municipal corporation at the stilt floor of the building known as "lSri Balaji Solitiare,,, bearing H. No. .l_2_593 43A and 1_2_ 593144, situated at Gagan Mahal colony, Domalguda, Hyderabad, Telangana - 500029, pending disposal of this Writ petition Counsel for the Petitioner: SRt. pURUSHOTAMLAAL counsel for the Respoqdent No.1: Gp FoR MUNrcrpAL ADMrNrsrRATroN AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2to4: SRI MIDDE ARUN KUMAR, The court made the following: oRDER sc FoR GHMC HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.1344 of 2o25 ORDER: Heard learned counsel appearing for the petitioner and Sri Midde Arun Kumar, learned Standing counsel appearing for respondent Nos.2 to 4. 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.5 to 8.

3. Petitioner is resident of Flat Nos.2O2 and 3O2, 2nd and 3.d floor, in residential building popularly known as Sri Balaji Solitiare, bearing H.Nos'l-2-593 l43A and L-2-593144, situated at Gagan Mahal Colony, Domalguda, Hyderabad. According to the petitioner, respondent Nos.5 to 8 constructed a room along with a washroom in the stilt floor (parking area). It is un- authorized construction. Therefore, he has submitted a KL,J IV.P.No. 11144 of 2025 2 representation, dated OL.O8.2O24 to respondent No.3 with a reqllest to take action against respondent Nos.S to

8. Despite receiving arrd acknowledging the said representation, respondent No.3 did not act Llpon the same. Aggri,:ved by the said inaction of respondent No.3, petitioner hled the present writ petition.

4. Whereers, Sri Midde Arun Kumar, learned Standing counsel appearing for respondent Nos.2 to 4, has produced rv;:itten instructions stating that on receipt of the said cornplaint respondent No.3 has already issued Show Causr: Notice, dated 12.09.2024 to respondent Nos.5 to 8 with a request to submit explanation including documents 'within 7 days. They have submitted reply, dated Ol.7'C.2024. According to respondent No.3, respondent Nos.5 to 8 have obtained permission for constmction of Stilt for parking + 5 floors vide permit No.51981/llOlCZ/Cir-g/2016, dated 05.O7.2016 and their ofhce has verihed the sanctioned plan and observed KL,J W.P.No.1344 of 2025 3 that respondent Nos.S to 8 has obtained permission for watchman room and toilets in Stilt floor. He has also produced copy of Show Cause Notice, dated 12.09.2024 and reply, dated O1.IO.2O24 and building permit order, dated O5.O7.2016 along with written instructions. The same are placed on record. However, learned couhsel appearing for the petitioner disputes the same.

5. On receipt of reply, dated 01. LO.2O24 submitted by respondent Nos.S to 8 to the Show Cause Notice, dated

12.O9.2024, respondent No.3 has to pass speaking order. He has not passed any speaking order

6. As discussed supra, petitioner is resident of the very same building. According to him, respondent Nos.5 to 8 constructed a room along with a washroom in the \ stilt floor (parking area) in 2021. But, he did not bring the said fact to the Municipality. He was sleeping over. However, he has submitted representation only on I I KL,J W.P.No. 1344 of 2025 4 O1.08.2019. Therefore, bonafides of the petitioner are doubtful.

7. In the light of the aforesaid discussion, this Writ Petition is disposed of directing respondent No.3 to pass speaking order pursuant to the Show Cause Notice, dated

12.O9.2024 considering the explanation, dated Ol.lO.2O24 r;ubmitted by respondent Nos.5 to g and inform the afore-stated facts to the petitioner herein. He shall complet,: the said exercise within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be: no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPY// SD/-N.SRIHARI ASSISTANT REGI STRAR ION OFFICER ffi f*sf,{i[rf,+'*,#"if,ll,#{ft affi ;**il,,: citv Pranner, GHMC, circte-'15, Musheerabad Division, Il3#351:"', ft?5;"5p,H.he*,sx*fr"*ffi+![lrf *uffiir,ff ]"..,, \ To,

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5. b 7 8 B M /BSK --{ o1 HIGH COURT DATED:2010112025 ORDER WP.No.1344 ot 2025 ri- Sl'Af 1i\o ii:t ti] I ?[25 ''i ." i.-: '-:._i;.; -,-*. - .:-:;; 7 Z a) 11 //,.' DISPOSING OF THE WRIT PETITION WITHOUT COSTS /1 . vP- S 2-, )-\ \\Co(u'\. €