High Court · 2025

9. Daruvuri Srinivasa Rao Chowdary, S/o D. Laxmaiah, aged rirajor, Occ.Business, Fl/o Flat No.401, H.No.B-3-633/79, KVR Enclave, Yellareddy, Yellareddyguda, Ameerpet, Hyderabad-500 073.

10.Gokula Pothuraju, S/o K. Govindu, aged major, Occ. Business, Fl/o Flat No.401 , H.No.8-3-633/79, KVR Enclave, Yellareddy, Yellareddyguda, Ameerpet, Hyderabad-500 073.

11. K. Anjaneyulu, S/o Late K. Krishna Rao, Aged years, Occ. Business, Rl/o Flat No.40'1, H.No.8-3-633/79, KVR Enclave, Yellareddy, Yellareddyguda, Ameerpet' Hyderabad-5.. 073 ...RES'.NDENTS ' Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of Writ of Mandamus, declaring the action of the respondents 2 to 8 in not taking any action against illegal / unauthroised construction of G Pl..US 5 floors by obtaining permis;ior only for G PLUS2 on Plot Nos.67 AND 68 H.No.4-32- 411130t6711, Allr,nyn ()olony, Kukatpally, lTyderabad, despite of bringing to the notice of the r,>spcndents 2 to B about illegal constructions by way of representations d aled 1311212024, 2410612024 as illegal, arbitrary and in violation of the provisions of C reater Hyderabad Municipal Corporation Act. 1 955 and Rules made there unde'an<l consequently direct the respondents 2 to I to take action against the illega constructions carried out by the respondents g tc 11 under the provisions of Gre rter Hyderabad Municipal Corporation Act and ru es made there under. lA NO: 1 OF 2025 Petition un,ier Siection 151 CPC praying that in the circumstances stated in the affidavit filed n support of the writ petition, the High Coud mai, be pleased to direct the respon<len.s, 2 to B to take steps against the illegal cons.ruction of G+5 floors by obtainirg p,r:rmission only for G+2 on Plot Nos.67 and 68 H.No.4-32- 41113016711, Allwyn Solony, Kukatpally, Hyderabad, pending disp,lss1 of ihe writ petition in the interesl cf justice. Counsel Counsel Counsel GHMC Counse I Cou nse I for the Fetiticner: SRI SAFDAR MIRZA for the Flesp,cndent No.1 : GP FOR MCPL ADMN & URBAN DEV for the Flesp'cndent Nos.2 TO 7: SRI K.RAVI MAHENDAR, SC FOR for the for the Flesp,rndent No.8: SRI V.NARSIMHA GOUD, SC FOR HMDA F:esprndent Nos.9 TO 11: -- The Court made the following: ORDER 0 HON'BLE SRT JUSTICE K. LAKSHMAN WRIT PETITION No.22Ll of 2025 ORDER: Lleard learned counsel appearing for the petitioner, Sri K. Ravi Mahendar, learned Standing Counsel appearing for respondent Nos.2 to 7 and Sri V. Narsimha Goud, learned Standing counsel appearing for respondent No.8. Perused the record

2. In view of the nature of relief sought by the petitioner, this Writ Petition is disposed of at the admission stage dispensing with notice to respondent Nos.9 to 11.

3. Petitioner herein is resident of Allwyn Colony, Kukatpally, Hyderabad. Respondent Nos.9 to 11 obtained permission for construction of residential building consisting of Ground + 2 Upper Floors. They have already constructed 3 Upper floors un-amthorizedly. There is deviation in the said construction. Therefore, he has , .t i I KL,J W-P.No..21, ll of 2025 2 :? submittert representations, dated 24.06.2O.24 arld

13.12.2ota4 to the GHMC with a request to tz*:e action against r rsl),)ndent Nos.9 to 1 1. Despite recei.,,ing ancl acknou4e,lgirLg the said representatiols, GHMC authorities <lid not act upon the same. Aggrieve,l by the said ina.cLior of GHMC authorities, petitioner .iled the present writ tr)etition.

4. Whe:easi, Sri K. Ravi 1\4ahendar, learnr:d Sitanding Counsel appearing for respondent Nos.2 to 7, has produced v,;-itten instructions of respondent No.4, wherein i- irs stated that respondent Nos.9 to 11 have obtained b r.,; ilding permission for construc tion of residentia. c:omplex consisting of Ground + i: Upper floors. Th<:re Ls deviation in Nala side constructir:n. Thev have constru,rted 3 Upper floors un-authorizedly. They have once demolished the un-authorized construction. Thereaftr:r, rr:spondent Nos.9 to 11 have hled a suit vide O.S.No.23,l cf 2024 against the GHMC seeking 1tr:rpetual injunction Tber:e is an interim injunction. However, they KL,J W.P.No.221 I of 2025 ) will file a counter in the said Interlocutory Application and bring it to the notice of the Trial Court about the un- authorized construction ald deviation in construction and also take steps to dismiss the said I.A. They have already filed written statement in the said suit. However, they will take steps against respondent Nos.9 to 11, strictly in accordance with the procedure laid down under the GHMC Act, 1955. The said written instructions and Show Cause Notice, etc., are placed on record.

5. In the light of the said submission, this Writ Petition is disposed of directing respondent No.7 to consider the representations, dated 24.06.2024 and 13.12.2024 submitted by the petitioner and also speaking order and i l take action against respondent Nos.9 to 11, strictly in accordance with the procedure laid down under the GHMC Act, 1955. He shall take steps to file counter in the Interlocutory Application in O.S.No.236 of 2022, bring the aforesaid un-authorized constmction of respondent Nos.9 to 11 to the notice of Trial Court. He l l ., KL.J \L.P.i\o.22l1of 2025 4 -l shall file rm zrpplication seeking. advancemenl of the said LA. He slLal, also bring to the notice of the Triirl Court with regzrr d t.o the Guidelines iSsued by a Divisiorr Bench of this Oc urt in Municipal Corporation of Hgd"erabad., Hgderabad D. Philomena Education Found.ation of India, Hyderabadt and Circular ROC.No.14/Reg.Jud1./ 2023, datrd a8.71.2023 of this Court. Howevcr, he shall complete -he said exercise within a period of eright (g) weeks frorn ',he date of receipt of a copy of thir; order. Liberty is also gralted to the petitioner to file arl applicatirlr tc implead himself in the said suit. There shall be nc olrler as to costs. As a se.<1uel, the miscellaneous petitions. if any, pending in the Writ petition shall stand closed. 2008 (1) ALr 670 (DB) ! To //TRUE COPY// SD/. L. VIJAYA LAXMI ASSISTANIT REGISTRAR 1 Je CTION OFFICER 1 2 3 4 5 6 The Princip,al l) lcretary, IVunicipal Administration AND Urban l]evelooment 9epa_rtmert Ser:retariat Building, State of Telangana, HyDERI,BAD The Commissioner, Greater Hyterabad Municip"al Corporation Lower Tank Bund, Hyderabzrd The Additic nal ()ommissioner (planning) Greater Hyderabad l\, unicipal Corporatior r, Hvderabad lfrg_{1sls1:11 rl ity Pla n ner, G reater Hyderabad Municipat Co rp oration HYDERAB,\D The Zonal, )omrlissioner, Moosapet Zone,Greater Hyderabad lv4unicipal Corporaticr r (Gl-lI\/C) Hvderabad ' T.he Town I)lanrring Officer, Greater Hyderabad Municipal Corporation, Hyderabad Hyderabad Z IIS..9qp,Iy Commissioner,. grggter Hyderabad Municipal Corporation - (GHMC) Ctcle24, Kukatpatty, Hydera-bad. 8. Commissioner, Hyderabad Metro-politan Development Authority (HMDA), 9. One CC to SRI SAFDAR MIRZA, Advocate loPUCl '10.Two CCs to GP FOR MCPL ADMN & URB AN DEV, High Court for the State 1 . Two CD Copies of Telangana, at Hyder+be!:_pUTl 1 PSK. CJP / HIGH COURT DATED:28 t0112025 u oRDER WP.No.2211 of 2025 .-a= i,ie S lA/ ( oA ( q d oz \Pll 2025 I .> t I /-l1::. p.,1rl\\ DISPOSING OF THE WRIT PETITION WITHOUT (]OSTS //4 // t t t I: