✦ High Court of India · 24 Jan 2025

M. Bhavana, W /o Sri v. Goutham Reddy, aged about

Case Details High Court of India · 24 Jan 2025
Court
High Court of India
Decided
24 Jan 2025
Bench
Not available
Length
1,417 words

5 9ri M. Naresh Reddy, S/o Venkat Reddy, Aged 37 years, Occ. Pvt. Employee, R/o '1-18-51, MES Colony, Venkatapuram, Alwal, Secunderabad 500015. 6. Sri. M. Shiva Reddy, Sio Lat Buchi Reddy, aged about 83 years, Occ. Retired, R/o H. No. 1-4-5711 ,Lothukunta, Alwal, Trimulgherry Post, Secunderabad 500015

7. M. Muthyam Reddy, Si o. Lakshma Reddy, Aged About 55 years, Occ. .Agriculture, R:/o. Lothkunta, Alwal Village and Mandal, Medchal-Malkajgiri District, T.S

8. M.Narayana Reddy, S/o Lakshma Reddy, Aged about 55 years, Occ. Agriculture, Rl/o. Lothkunta, Alwal Village and Mandal, Medchal-Malkajgiri District, T.S.,

9. M. Laxminarayana Reddy, Siolate Buchi Reddy Aged about 67 3, ears, Occ. Cultivation, R/o 1-13-6, Opp. Hanurnan Temple, Lothukunta, Secunderabad, 500015

10.M. Venugopal Reddy, S/o Not known, Aged Not known Rl/o H. No. 21-31616, Chittamnagar Colony, Venkatapuram, Alwal, Secunderabad.

11. M. Bhavana, W /o Sri, V. Goutham Reddy, aged about 39 years, Occ. Housewife, Fl/oPlot No. 146, Teachers Ci,lort, Trirnulgheriy, Lait Bazar, Secunderabad 500015

12.M. Padmaja, [1o-Lgtg M. Venkat Reddy, Aged 62 years, Occ. House wife, R/o 'l -18-51 , MES Colony, Venkatapura-m, Alwal, Secunderabad 500001S' 13. Swig_g_y Private Limited (previo_usly Bundl Technologies pvt. Ltd.), Address. No. 55, Sy. No. 8-14, Ground Floor, land J Block, Embassv fecfr Viitaoe. Outer Ring Road, Devarbisanahalli, Bengaluru - 560103 Xdrnataka, tnjii' 14.M/s. Scootsy Logistic_s (ll Limited, Office No.SS, Survey No. g_14, Ground Floor, Tower I and J Block, Embassy Tech Village, Ouier ning nirid, - - Devarabisanhalli, Bengaluru. . . .. - ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High cJurt may be pleased to issue an appropriate writ, order or Direction, more particularly, one in the nature of writ of Mandamus, declaring the inaction of the iesponaents ruo. 2 to 4 against the illegal, unauthorized structures constructed by tire Respondent t9 ] + despite issuing notices under Sections 451 (1) and 461 (1 ) oi GHMC |o, S Act, 1955 and permitting them to continue the illegal and unauthorized construction as illegar, arbitrary, unconstitutional, nult and void, and conseguently direct the Respondent No.2 to 4 to demolish the illegal constructions made by the Respondent 5 to 14. - 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, itre Higrr court may be pleased to direct the Respondents No. 2 to 4 to take action against the illegai structures and constructions made by the Respondents No. 5 to 14. Counsel for the Petitioner: M/s. A. SATYASIRI counsel for the Respondent No.1: cp FoR MUNrcrpAL ADM|NrsrRATroN & URBAN DEVELOPMENT counsel for the Respondent No.2 to 4: sRr K. RAVI MAHENDER, sc FoR GHMc Counsel for the Respondent No.S to 14: - - - - The Court made the following: ORDER i.lf HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.!922 OF 2o.25 ORAL ORDER: Heard Ms. A. Satyasiri, learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development for respondent No.l and Sri K. Ravi Mahender, learned Standing counsel appearing for respondent Nos.2 to 4' Perused the record.

2. Petitioner and his family members are claiming that they are the absolute owrrers and possessors of Ac'4-O4 gts., in Sy.No.28O, Ac. 1-11 gt"., in Sy.No'28 1, Ac'l-24 Ets., in Sy.No.282 and Ac.1-05 gts., in Sy'No'283, situated at Lothukunta, Alwal. Respondent Nos'S to 14 are making construction illegally in the said property wittrout obtaining permission from GHMC' Therefore, petitioner has submitted several representations including representations dated 2a'O5'2021 and 2

03.06.2021 to the respondent corporation with a request to take action against respondent Nos'5 to 14 ' Thereafter, respondent No.4 has passed a speaking order dated 05.09.2024 directing respondent No'S to remove the unauthorized, construction of shed constnrcted by him without permission. He has also issued notice dated OT.IO.2O24 to respondent No.6. Thereafter, they are not taking action against respondent Nos'S to 14' Aggrieved by the said inaction of respondent No'4, petitioner filed the present writ Petition.

3. Whereas, Sri K. Ravi Mahender, learned Sta4ding counsel appearing for respondent Nos'2 to 4 has produced the written instructions of respondent No'4 stating that during routine inspection, Town Planning oflicials found that respondent No.6 constructed a shed in Sy.Nos.185 and 186 situated at Lothukunta, Alwal without any permission from GHMC. A show cause notice dated 23.O8.2024 was issued to him with a reqrrest to \ 3 stop unauthorized constmction. He has neither responded nor submitted any explanation to the same. Therefore, respondent No.4 has passed a speaking order dated 05.09.2024 directing respondent No.5 to remove the unauth orized construction. He has not removed it. Therefore, respondent No.4 has addressed a letter dated 2O.O9.2024 to the Noda-l Offrcer, Kukatpally Zone, GHMC to remove the unauth oized construction pursuant to speaking order dated OS.O7.2024. A notice dated 12.1L.2024 was issued to respondent No.5 under Section 461-A of GHMC Act, 1955 instructing them to vacate from the subject property. He has not vacated. Therefore, another notice dated 18.01.2025 was issued to him.

4. Vide Intimation letter dated O9.01 .2025, respondent No.4 directed respondent No. 14 to vacate from the subject propert5r. Respondent No. 14 has not vacated. However, respondent No.4 will take further action against respondent Nos.S to 14 in accordance with the procedure 4 laid down under GHMC Act, 1955' The said written instructions and Intimation letter dated 09'01'2025 are placed on record.

5. According to the petitioner, respondent Nos'5 to 14 are making construction in the land belonging to the petitioner and his family members' However' GHMC authoritiescannotconsidertheinter.sedisputesbetween the petitioner and respondent Nos'5 to 14' Petitioner has to settle the same by way of frling civil suit' However' GHMC authorities will consider only three aspects i'e' 1) misrepresentation/suppression of facts' 2) false statements, if any, made by respondent Nos'S to 14 and 3) unauthorized construction, if any, made by respondent Nos.5 to 14.

6. In the present case, even according to respondent No.4, respondent No.S made unauthorized construction of shed. Therefore, he has passed a speaking order dated O5.O}.2O24 directing respondent No'5 to remove the t I 5 same. Respondent No.4 has also issued notice dated O9.1O.2O24 to respondent No.6 saying that he has also constructed compound wall without permission from GHMC. Vide Intimation letter dated 09.O1.2025, respondent No.4 directed respondent No. 14, tenant of respondent No.5 to vacate the subject property. Respondent Nos. 13 and 14 are tenants of respondent No.5.

7. In the light of the aforesaid facts, this writ petition is disposed of directing respondent No.4 to take furtfier steps pursuant to speaking order dated O5.O9.2O24, notice dated 09.10.2024 and Intimation letter dated O9.O1.2O25 against respondent Nos.S to 14 strictly in accordance with procedure laid down under GHMC Act,

1955. He shall complete the said exercise within a period of eight (8) weeks from the date of receipt of copy of this order. However, respondent Nos.2 to 4 are directed not to decide/adjudicate the inter-se disputes with regard to the t I 6 aforesaid property between the petitioner and respondent Nos.5 to 14. In the circumstances of the case, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions,lf aty' pending in the Writ Petition shall stand closed' SD/.A. SRIN ASSISTAN IVASA REDDY EGISTRAR //TRUE COPY// SE FFICER To,

1. The Principal Secretary' Municipal Administration and Urban Development' ' tii" biii" bt reransana 2 The Commissioner, lne. 3 *rrg;t;,lJ3i!?131;"er Hvderabad Munici par co rporati o n' ct cte -27' " awat --^- Greater Hyderabad Municipal corporation' circle-2l ' 4. DePutY Commissloner' \ 3,"::?:?LiJ:Y:351bft0,ni"ipur corporation, \ ;,3*ieg',:";m$$ffi+H",fi{[rt?F-ffi *:r,st?^, 8. Two CD CoPies BN LS +y HIGH COURT DATED:2410112025 ORDER WP.No.1922 ot 2025 IHE sI1 14: (t.( z a l'J {} 4 ti:"{ ut3 * sParc r,r-Ll , DISPOSING OF THE WRIT PETITION WITHOUT COSTS \r 'x1 t ?"\ \

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