Samrat Construction Co v. '1 . The State of Telangana

6. Mr. Ahmed Badgail, S/o Late Omer Hassan Badgail Age-35 years, Occ ' Business Fl/o H.No.3-5-780/10, Penterghast, Khanazad Colony, King Kothi, Hyderabad.

7. It/i. lvtohammed Omar Hassan Badgail, S/o Late Omer.Hassan Badgail Age- 33 years, Occ. Business Rl/o H. No.3-5-780/10, Penterghast, Khanazad Colony, King Kothi, HYderabad.

8. Mr. Oiman Omar Badgail, S/o Late Omer Hassan Badgail Age-30 years, Occ . Service Fi./o H.No.3-5-780/ 10, Penterghast, Khanazad Colony, King Kothi' Hyderabad.

9. Ms.Saba Omer Hassan Badgail, D/o Late Omer Hassan Badgail Age-23 years, Occ . Business Rl/o H.No.3-5-780/10, Penterghast, Khanazad Colony, King Kothi, Hyderabad.

10.Ms. Sana Omer Hassan Badgail, D/o Late Omer Hassan Badgail Age-21 years, Occ . Business Fl/o H.No.3-5-780/10, Penterghast, Khanazad Colony, King Kothi, HYderabad. q 1 1. Ms. Fatima Begum, D/o Late Hassan AIi Badgail Age-56 years, Occ . Housewife R/o H. No.3-5-780/10, Penterghast, Khanazad Colony, King Kothi, Hyderabad

12.1,1s. Zahera Begm, D/o Late Hassan Ali Badgail Age-45 years;, Occ . Business FYo H.No 3-5-780/10, Penterghast, Khanazad Cotony, King K.othi, Hyderabad.

13. t\,4r. Syed A jaz Ul Hassan, S/o Late Syed Ameen Ul Hassan,Age-42 years, Occ . Business R/o H. No.3-5-78Oll1Bl411 , penterghast, Khanazad Colony, King Kothi, Hyderabad. ..... 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 pass an order or direction particularly in the nature of writ of Mandamus, declaring the action of the Respondent No.1 to 3 in not taking action on the representation dated 18.01 .2024 made by the petitioner to remove the unauthorized construction of Ground pluE 6 Upper Floors over the premises bearing H.No 3-5'780/10, besides ord rvLA euarters, King Kothi Hyderabad, by Respondent No.L to 13, is arbitrary, illegal, and discriminative, in violation of principles of natural justice, violative of the Fundamental Right gr-raranteed under Articles 14 and tht: Constitutional Right guaranteed. I.A.NO:1 OF 2025 Petition Unrier Section 151 cpc praying that in the circunnstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondent No.2 to 3 to remove the unauthorized construction of Ground + 6 upper Floors over the premises bearing H.No.3-5-1,g0/10, besides old IVLA Quarters, King Kothi, Hyderabad, by Respondent No 4 to 13. Counsel for the Petitioner : SRI B.V.V.S.MURTHY Counsel for the Respondent No.1 : Gp FOR MCPL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3 : SRI M.ARUN KUMAR Counsel for the Respondent Nos.S to 13 : - The Court at the stage of admission made the following ORDER HON'BLE SRI JIISTICE K. LAKSHMAN WRIT PETITToN No.2471 of 2o25 ORDER: Heard learned counsel appearing for the petitioner and Sri Midde Arun Kumar, learned Standing Counsel appearing for respondent Nos.2 and 3' Perused the record. In view of the nature of relief sought by the 2. petitioner, this Writ Petition ls disposed of at the admission stage dispensing with notice to respondent Nos.4 to 13.

3. Petitioner is resident of house No'3-5-78O/ 1 1, besides old MLA Quarters, King Koti, Hyderabad' Respondent Nos.4 to 13, his immediate neighbours are making construction in deviation to the building permit order, due to which, there is no free air and light, which is causing lot of inconvenience to him. Therefore, he has representation dated 1a.O7.2024 to submitted a i :l iI { I KL,J W.P.No.2471 of 2025 2 ::\1 ; l i I l l responderrt No.3 with a request to take action against respondert Nos.4 to 13. Despite receiving and acknowiedging the said representation, responclent No.3 did not act upon the same. Aggrieved by the saicl inaction of responCent No.3, petitioner filed the present writ petition. 4 Whereas, Sri Midde Arun Kumar, learned Standing Counsel a.ppearing for respondent Nos.2 ald 3, on rnstructions, would submit that respondent No.3 will inspect the site and if the allegations made by the petitioner zrc found to be true he will take actiorL against respondent Nos.4 to 13, strictly in accordance with the procedure laid down under the GHMC Act, 1955, by putting tht: petitioner and respondent Nos.4 to 13 on notice and affording them al opportunity of hearing

5. In the light of the aforesaid submission, this Writ Petition is disposed of directing respondent No.3 to consider the representation, dated 1g.07.2024 submitted KL,J W.P.No.2471 of 2025 3 by the petitioner, inspect the site and if the allegations made by the petitioner are found to be true respondent No.3 shall take action against respondent Nos.4 to 13, strictly in accordance with the procedure laid down under the GHMC Act, 1955, by putting the petitioner and respondent Nos.4 to 13 on notice and a-ffording them an opportunity of hearing. He 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 seqrrel, the miscellarleorls petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPY// SD/-N. SRIHARI SI TANT REGISTRAR SECTION OFFICER To r j

1. The Principal Secretary, Municipal Administration and Urban Development Secretariat, State of Telangana at Hyderabad.

2. The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund, Basheerbagh, Hyderabad.

3. The Deputy Commissioner, GHMC, Circle-'14 Abids Parking Complex, Abids, Hyderabad.

4. Two CCs to GP FOR MCPL ADMN AND URBAN DEVELOPMENT' High Court for the State of Telangana at Hyderabad. [OUT] 5. One CC to SRI B.V.V.S.NIURTHY, Advocate [OPUC] 6. One CC to SRI N/.ARUN KUMAR, Advocate (OPUC) 7. Two CD Copies SA GJP ? HIGH COURT DATED:3010112025 rl,i.i ORDER WP.No.2471 of 2025 ( q J o 1t\f. SIAre (,A 2 5 tliff ?025 { l)i,.i),ti rC ?c a* t DISPOSING OF THE W.P WITHOUT COSTS. //e /.,/ /3 /J // 2