Mohd. lsmail v. 1. State of Telangana

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, a writ, order or orders more particularly one in the nature writ of Mandamus declaring the action of the respondents particularly respondent No.2 to 5 herein in not demolishing the illegal and unauthorized construction of Stilt plus 5 Upper Froors raised by the unofficiar respondents in the premises bearing Municipal No.9-4-135/A/1 7, admeasuring 303 square yards, situated at Raghava colony, Torichowki, Hyderabad inspite of bringing notice to the officiar respondents i.e. respondent corporation by way representation dared 06.12.2024 is as illegal, arbitrary and unconstitutionar besides gross vioration of the provisions of the Hyderabad Municipar corporation Act 1955 consequenfly direct the official respondents i.e. respondent No.2 to 5 herein to remove / demolish the illegal and unauthorized construction of Stilt plus 5 Upper Floors raised by the unofficial respondent herein in the aforesaid premises in the interest of justice. LA.NO.I 0F 2025 Petition Under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High cor-rrt may be preased to direct the respondents to forthwith stop further construction and sealthe premises bearing Municipar No. 9-4-135lA/i 7, admeasuring 303 square yards, situated at Raghava Colony, Tolichowki, Hyderabad. Counsel for the Petitioner : SRI MOHAMMED HABEEBUDDIN 9:yry"] for the Respondent No.1 : Gp FOR MCPL ADMN AND URBAN DEVELOMENT Counsel for the Respondent Nos.2 to 5 : SRI M.ARUN KUMAR Gounsel forthe Respondent Nos.6 to g: _ The Court at the stage of admission made the following ORDER -r '1r.;i r.t1:w t t' ORDER: HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.2696 of 2o25 Heard learned counsel appearing for the petitioner and Sri Midde Arun Kumar, learned Stalding Counsel appearing for respondent Nos.2 to 5. Perused the record. In view of the nature of relief sought by the 2. petitioner, this Writ Petition is disposed of at the admission stage dispensing with notice to respondent Nos.6 to 8.

3. Petitioner is resident of house No.9-4-135/A121 (Part), Raghava Colony, Tolichowki, Hyderabad. Respondent Nos.6 to 8, his neighbours are making construction without leaving setbacks and in deviation to the building permit order. The same is un-authorized construction. Therefore, he has submitted a representation dated 06.12.2024 to respondent No.5 with a request to take action against respondent Nos.6 to 8' KL, W.P.No.2696 of 2025 2 Despite receiving and acknowledging the said representation, respondent No.5 did n.ot act upon the sarne. Aggrieved by the said inaction of respondent No.5, petitioner filed the present writ petition.

4. Whereas, Sri Midde Arun Kumar, learned Standing Counsel appearing for respondent Nos.2 to 5, on instructions, would submit that respondent No.S will considering the representation dat.ed 06.12.2024 submitted by the petitioner, inspect the site and if the allegations made by the petitioner are found to be true he will take action against respondent Nos.6 to 8, strictly in accordance with the procedure laid ctown under the GHMC Act, 1955, by putting the petitioner and respondent Nos.6 to 8 on notice and affording them an opportunity

5. In the light of the aforesaid submission, this Writ Petition is disposed of directing respondent No.S to consider the representation, dated 06. 12.2024 submitted KL,J W.P.No.2696 of 2025 3 by the petitioner, inspect the site and if the allegations made by the petitioner are found to be true respondent No.5 shall take action against respondent Nos'6 to 8, strictly in accordance with the procedure laid down under the GHMC Act, 1955, by putting the petitioner and respondent Nos.6 to 8 on notice and a-ffording them an opportunity. However, he shall complete the said exercise within a period of four (O4) 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' //TRUE COPY// SD/-A.V.S. PRASAD ASSISTANT REG]STRAR w SECTION OFFICER To

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

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

3. The Director, Directorate Enforcement Vigilance and Disaster Management, 6th and 7th floor, Buddha Bhavan, Tank Bund, Hyderabad.

4. The Deputy Commissioner, Circle No.13, Karwan, Khairtabad Zone, GHMC, Hyderabad.

5. The Assistant City Planner, GHMC, Circle No.13, Khairtabad Zone, Hyderabad.

6. Two CCs to GP FOR MCPL ADMN AND URBAN DEVELOPMENT, High Court for the State of Telangana at Hyderabad. [OUT]

7. One CC to SRI MOHAMMED HABEEBUDDIN, Advocate [OPUC] 8. One CC to SRI M.ARUN KUMAR, Advocate (OPUC) 9. Tloo eD CoDies R IJJ HIGH COURT DATED:3110112025 ORDER WP.No.2696 of 2025 I =:>- tr,6 i;TAr^ 1 ((' /-.)t-, I l-' 1 2 i:\i .iti25 r*t I .,rr,l C',r! =====;a--a? DISPOSING OF THE W.P WITHOUT COSTS. v+a , 7X \,