High Court · 2025
Case Details
Acts & Sections
IIg.Yg!i._!qul_Commissioner, Greater Hyderabad Municipal Corporation (GHMC), CC Complex, Tank Bund Road. Himayatnagar, fetanginisOO OOS. The ZonalJt4unicipa I Commi.s_sioner.,_serilingampally, Greater Hyderabad Municipal Corporation (GHMC). CC Comple-x, Tink Bund Road,' Himayatnagar, Telangana 500 063. Mr. J Ramulu, S/o. Late Yerrana, Aged about 5g years old. Occ. Business. R/o. B-1-106/4/253, Vinobha Nagarlshaikpet, Gdtconda, Hyderabad SOO OOe tt{r, )ted Jhangir Khan, S/o. Mr. Syed,Ar'lahamood Khan. Aged about 56 years -- - old, Occ. Business. R/o. H.No. tS-3-201142, Saddam Colony, lifrinumal Near Water tank, Falaknuma. Charminar, Hyderabad, fetanljani SOO OO) ...RESPONDENTS 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 appropriate writ, order, or direction more particularly one in the nature of Writ of Mandamus declaring the inactions of the Respondent No. 3 and 4 herein for not taking into consideration the representation dated 2111212024 made by the Petitioner herein as illegal, arbitrary and consequently direct Official Respondents, more particularly Respondent No.3 and 4 herein to take to demolish such illegal and unlaMul construction that is being raised by the Respondent No. 5 and 6 over subject land i.e., the property of House bearing Municipal No. 8-106, PTIN No.11i99127o9, within the limits of Gramakantam, having plinth area of 215.28 square feet (ACC), admeasuring 4s Square yards or 37.62 Square meters, situated at RAIDURG NAW KHALSA VILLAGE (RAYADARGA), serilingampally Mandal, Under GHMC seriringampally circre, Ranga Reddy District-Tela nga na State_ 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. 5 and 6. to not to alienate the subject property i.e., the property of House bearing Municipal No. 8-.106, pTlN No.1.t lggi27\g, within the limits of Gramakantam, having plinth area of 2.15.28 Square feet (ACC), admeasuring 45 square yards or 32.62 Square meters, situated at RAIDURG NAW KHALSA VILLAGE (RAYADARGA), Seritingampaily Mandat, Under GHMC serilingampally circle, Ranga Reddy District-Telangana state in favour of third parties. lA NO: 2 OF 202s 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 stay the illegal and unlawful construction that is being raised by the Respondent No. S & 6, over subject land i.e., the property of House bearing lUunicipal No. B-106, PT|N No.11 19912709, within the rimits of Gramakantam_ having printh area of 215.28 Square feet (ACC), admeasuring 4s square yards or 37 62 square meters. situated at RAIDURG NAW KHALSA VTLLAGE (RAYADARGA ). Seritingampaily Mandar, Under GHMC Seriringampary circre, Ranga Reddy District-Terangana State. Counsel for the Petitioner: SRI T. VENKATESH Counsel for the Respondent No.1: Gp FOR MCPL ADMN URBAN OEV Counsel forthe Respondent Nos.2 to 4: SRI RAPARTHt VeNXeigq SC The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN 1VRIT PE"TITION No.1617 OF 2025 ORAL ORDER: Heard Sri Thodeti Venkatesh, learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development for I respondent No. 1 and Sri Raparthi Venkatesh, learned Standing counsel appearing for respondent Nos.2 to 4. Perused the record.
2. Petitioner is a resident of Madhura Nagar Colony, Raidurga, Golconda, Hyderabad, within GHMC limits. Respondent Nos.5 and 6 are making construction illegally in 45 sq.yds., of Government land. It is unauthorized construction. Therefore, petitioner has submitted a representation dated 27.12.2024 to respondent No.4 with a request to take action against respondent Nos.S and 6. Despite receiving and acknowledging the said representations, respondent No.4 did not act upon the 2 same. Aggrieved by the said inaction of respondent No.4, petitioner filed the present writ petition.
3. Whereas, Sri Raparthi Venkatesh, learned Standing counsel appearing for respondent Nos.2 to 4 on instructions would submit that respondent No.4 will consider the said representation, inspect the site and if the allegations are founC to be correct, he will take action against respondent Nos.S and 6 in accordance with procedure laid down under GHMC Act, 1955 by putting the petitioner and respondent Nos.S and 6 on notice and allording them an opportunit5r of hearing.
4. In the light of the said submission, this writ petition is disposed of directing respondent No.4 to consider the representation dated 21.L2.2O24, inspect the site and if the allegations made by the petitioner are found to be correct, he shall take action against respondent Nos.S and 6 strictly in accordance with the procedure laid down under GHMC Act, 1955, by putting the pel_itioner and -t respondent Nos.S and 6 on notice and a-ffording them an opportunity of hearing. He shall complete the said exercise within four (4) weeks from the date of receipt of copy of this order. In the circumstances of the case, there sha-ll be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPY// SD/- P.Ch. NAGABHUSHAMBA ASSISTANT REGIST SE ION OFFICER To -cp Himayitnagai, Telangana 500 063. ''l . The Zonal Municipal Commissioner.,-serilingampally' Greqler Hyderabad ' ri,ir""iiidrl c"ipoiStion (GHMC), CC Complex, Tank Bund Road' z. One-6C to"Sri t. Venkatesh, Advocate tOPL-lCl 3. i;; ddrio for the State of Telangana. at Hyderab-ad [OU^l .l +. One CC to Sri Raparthi Venkatesh, SCIOPUCI 5. Two CD CoPies TJ G ro, rrauni-rpjr Administraiion ur'ban Development, High court HIGH COURT DATED:22101t202s ORDER WP.No.1617 of 2025 DISPOSING OF THE WRIT PETITION WTHOUT COSTS lHE ST4 ^ o o 0 s rit 2025 * sPircH EO
2. ^