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Judgment · High Court

Writ Petition No. 1881 of 2025K LAKSHMAN4 min read

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Key paragraphs

  • Para 44. In the light of the above, the present Writ Petition is disposed of dir, ecting re:spondent Nos.3, 4 and 5 to take furthr:r steps for removal of unrauthorized construction pursuant to speaking order dated 06.05.2022, in accordance with the procedure laid down under the…

Judgment

1.

The State of Telangana Rep by its- Principal Secretary' Ivlunicipal ' AJ;ini$;tion unO Uit"un-Oevei<ipment Departnient, Secretariat Buildings 2 it; "Gr"rt"r Hyderabad l\'4unicipal Corporation Rep by its Commissioner' s oeputv-commissioiei creater Hyderabad lvlunicipal corporation circle. 17, 4. The Zonal Commi*siilner, Greater Hyderabad lr,4unicipal Corporation , ^-... --^.i^^ /ii-^t 5. iii;'A;;Gtr"t ciiy p6;;;; breater Hyderabad Municipal corporation circle' 6. Smt. Sabera Begum,"fr7o Lat" Mohammed.t\'4ahmood Mia Saheb' Aged 55 "ciiiz"eri"nyo n lto'z-t -44lA, Leela Nagar' D K. Road' vears, occ, senior Ameerpet, HYderabad. z. rtt"JraiAiir6o, slo'i"t" lrilohammed Mahmood lvlia Saleb'-Aged a bout 35 ' ;;;H'o.;; Briin"tt nyo u.r'ro.7-t-++ln, Leela Nagar, D K Road Ameerpet' Hyderabad. ...RESPoNDENTS '1 7, Khairatabad, HYderabad. Petition under Article 226 of the constitution of lndia praying that in the may be circumstances stated in the affidavit filed therewith' the High 'pourt pleasedtoissueaWrit, orderordirectionmoreoneinthenatureofWRIToF MANDAMUS declaring the action of the resPondents 2 to 5 in not taking anY action on the speaking order No.

26726fiPSlACP/CIR-17 tKZtGHMCl2l22 dated 6-5-2l22and Notice Under Section 452(1) and 461(l of HMC Act' 1955 dated 20- 1o-2o2lforremove/demolishtheillegal, unauthorizedconstructionofroomin cellar constructed by the respondents 6 and 7 which is used for parking for Mahmood Plaza apartment at H.No'7-1-44, and 7-1-44tA' Dharam Karam Road' _j; Ameerpet,.Hyderabad is i[egar, arbitrary, contrary to GHtvlc Rules and act and consequently direct the respondents 2 to 5 to remo're/demolish the illegal, unauthorized construction of Room in cellar portion/parking plar:e made by the respondents 6 and 7 in Mahmood plaza apartment at H.No.7-.1-44, and 7-1-441A, Dharam Karam Road Ameerpet, Hyderabad lA NO: 1 OF 2025 Petition undr:r section i5'1 cpc praying that in the circumsrances stated in the affidavit filed in support of the petition, the High court may be preased to direct the responrlents 2 to 5 to demolish/remove the illega I unauthorized constructions made by the respondents 6 and 7 in celar /parking place in IVlahmood Plaza apartment at H.No.7-1-44, and 7-1-441A Dharar-r Karam Road, Ameerpet, Hyderabad Pending disposal of the above Writ oetition Counsel for the Petitioner: SRl.

MOHD BARKAT ALI counsel for the Respondent No.1: Gp FoR MUNrcrpAL ADMrNrs rRATroN AND URBAN DEVELOPME\T Counsel for the Respondent Nos.2,3,4&5: SRI M. ARUN KUMAFI, Counsel for the Respondent Nos. 6&7: -- The Court made the following: ORDER SC FOR GHMC THE HON'BLE SRI JUSTTCE K.LAKSHMAN WRIT PETITION No.1881 OF 2025 ORDER: Heard Sri Mohd. Barkat Ali learned counsel for the petitioner artd Sri M.Arun Kumar, learned Standing Counsel appearing for respondent Nos.2, 3, 4 and 5.

2.

The petitioner is resident of flat No.302, II floor, Mahmood Plaza, D.haram Kran Road, Ameerpet, Hyderabad. Respondent Nos.6 and 7 constructed a watchman room and additional room in Stilt floor by closing the car parking area. Therefore, on the complaint lodged by the petitioner, respondent No.5 has passed a speaking order dated 06.05.2022 directing respondent Nos.6 and 7 to remove the said unauthorized construction within seven days. However, respondent Nos.6 and 7 did not remove the same. Even then, respondent No.5 is not taking further steps. Aggrieved by the said inaction of respondent No.5, the petitioner has filed the I I present Writ Petition I t

3.

Sri M.Arun Kumar, learned Standing Counsel appearing for respondent Nos.2, 3, 4 arrd 5, had produced the written instructions of respondent No.5 stating that respondent No.5 will take action against respondent Nos.6 and 7 pursuant to speaking 2 order dated O'5.O5.2O22, in accordance with the provisions of the Greater Hyderabad Municipal Corporation Act, 1955, The said instructions are placed on record.

4.

In the light of the above, the present Writ Petition is disposed of dir, ecting re:spondent Nos.3, 4 and 5 to take furthr:r steps for removal of unrauthorized construction pursuant to speaking order dated 06.05.2022, in accordance with the procedure laid down under the GFIMC Act, 1955. Liberty is granted to respondent Nos.6 and 7 1.o challenge the speaking order dated Ct6.O5.2O22. However, resp(f,ndent No.5 shall complete the said exercise within a period of four (04) 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. To //TRUE COPY// AS SD/-V.KAVITHA REGISTRAR ON OFFICER Road Hydererbad. Khairtabad Zone, Hvderabad. 1 7. Khairatakrad. Hyderabad. Department, Secretariat Buildinds, T.S..Hvderabad.

1. The Principal Secretary, Jr,4unicipalAdministration and Urban l)evelopment 2. The Commissioner. Greater Hyd?rabad M[rnicipal Corporation Tank Bund 3. The. Deputy Commissioner, Greater Hyderabad l\,4unic; ipal Corporation Circle. 4. fhe Zonal C<>mmissioner, Greater Hyderabad IVunicipal Corporation 5. The Assistant city Planner, Greater Hyderabad Municipal corp; oration circle, 6. Two CCs to GP FOR IVUNtCtpAL ADM|N|STRAT|ON AND URBAN 7. one CC to SRt rvoFD BARKAT mt, Aovocatelo-pucl 8 ONE CC tO SIRI, IV. ARUN KUMAR, STANDING bOUI.Isrr FOR GHIVC 9. One CC to SIll. ,o J\; cD copies DEVELOPMENT ,High Court for the State of Telangarra, ai Hy,ieiaUaO tOUfl 1 7, Khairatatrad, hvderabad. Advocate [OPUCj loPUCl GJP .:+:.r*easry-r HIGH COUR.T DATED:2310112025 ORDER WP.No.1881 of 2025 -rrL>r( \r' o r- \\. t a^ 22 hi,B l[21 :, i \)-. p-.1 * o DISPOSING OF THE WRIT PETITION WITHOUT COSTS \)

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