High Court · 2025

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 direction more particularly one in the nature of Writ of Mandamus declaring the high handed action of the respondents particularly the respondents 4 and 6 in trying to demolish the unauthorized construction of ,servant room and existing compound wall, which was constructed backside the house of the petitioner bearing municipal no.B-2-2931821LI38-A, admeasuring 502 Sq. yards (out of total 1'102 Sq. yards), under Sy.No.1201403/1 of Shaikpet Village and Sy.No.102/1 of Hakimpet Village, within the limits of GHMC, in Ward No.8 and Block No.2, situated at Venkateswara Co-operative House Building Society' Road No.12, Banjarahills, Hyderabad, during pendency of BRS application No.200006752O dated.23.12.2015 submitted by the petitioner in terms of G.O.Ms.No.152, Municipal Administration and Urban Development (Ml) --L 7 Department, dt.02. i r .2015, without folrowing the procedure as contemplated under law, is arbitrary, ilegal, unjust, u nconstitutionar, vioration or principies or natural justice and also contrary to the provisions of GHMC Act, i 955 tn" Rules made thereunder, and consequenuy direct the respondent, z to o not to interfere or demolish the unauthorized construction of servant room and existing compound wall, which was. constructed backside portion of the subject property, without following the procedure contemplated undei law "nJ ., lA NO: 1 OF 2025 Petition under Section i 51 cpc praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High court may ue pteaseo to Ji,ect the respondents 2 to 6 not to demorish the unauthorized construction of servant room and existing compound wall, which was constructed backside the house of the petitioner bearing municipal no.B-2-293lg2lLl38-A, admeasuring soz sq-. yaros (out of total 1102 sq. yards), under Sy.No.120/403/1 of shaikfiet virragJ and Sy.No.102/1 of Hakimpet Viilage, within the rimits of GHMC, in ward Noi.8 ano Block No.2. situated at Venkateswara co-operative House Buitding society, Road No.12, Banjarahirls, Hyderabad, without foliowing the procedure a"s contemplated under the law, pending disposal of the writ petition Counsel for the Petitioner: SRl. MOHD MOIN AHMED eUADRI Counsel for the Respondent No.1: Gp FOR MCpL ADMN URBAN DEV Counsel for the Respondent Nos.2 to 4: SRI MIDDE ARUN KUMAR SC FOR Greater Hyderabad Municipal Corporation Counsel for the Respondent Nos.5&6: AGp FOR REVENUE The Court made the following: ORDER I HON'BLE SRI JUSTICE IC LAKSHMAN WRIT PETITION No.2752 oF 202s ORAL ORT) ER: Heard leamed counsel for the petitioner, Mr. Midde Arun Kumar, leamed Standing Counsel for GHMC appearing on behalf ot respondent Nos.2 to 4 and leamed Assistant Govemment pleader lor Revenue appearing on behalf of respondent Nos.5 and 6.

2. The petitioner herein is claiming that he and his brother purchased two plots i.e., plot No.3g_A, admeasuring 600 square yards in Survey No.l20l403 of Shaikpet Village and 102ll of Hakeemmper Village and Plot No.38-A (part), admeasuring 502 square yards in Survey No.l20/403/ll of Shaikpet Village and Survey No.l02ll of Hakeemper Village, both within rhe GHMC limits, Banjara Hills, Hyderabad, on the strength of two registered sale deeds bearing document Nos.3322 of 2015 and, 3597 of 2015, both dated

22.07.2015, respectively. Thereafter. they have executed a partition deed bearing document No.4434 of 2023, d,ated 2g.06.2023. Ir is the specific contention of the petitioner that their vendor had obtained building permit order dated 29.0g.19g5 from the Municipal Corporation of Hyderabad, constructed house in one plot. With regard 2 KL.J W.P No.2752 of2025 to other plot, they have constructed only one servant room and also compound wall. The same is unauthorized. Therefore, they have 'submitted an application dated 23.12.2015 vide application No.2000067520 with respondent No.2 seeking regularization of the said unauthorized construction. The same is pending. In the meanwhile, respondent Nos.4 and 6 came to the subject property and tried to demolish the same without following due procedure laid down under law. Challenging the said action of respondent Nos.4 and 6, the petitioner filed the presenr writ perilion.

3. Whereas. Mr. Midde Arun Kumar, leamed Standing Counsel for GHMC, on instructions, would submit that respondent No.2 will consider the application dated 23.r2.20r 5 submitted by the petitioner seeking regularization of unauthorized construction and sub.lect to result of the same, respondent Nos.2 to 4 will take action, if any, against the petitioner strictly in accordance with GHMC Act. 1955.

4. In the light of the aforesaid submission, this writ petition is disposed of directing respondent No.2 to consider the application dated,23.l2.20l5 submitted by the petitioner seeking regularization of unauthorized construction. If respondent No.2 is not inclined to \ accept the request made by the petitioner, he shalt pass an order J Kl-,J W P No 2752 of2025 specirying the reasons and communicate a copy of the same to the petitioner. He shall complete the entire exercise within a period of six (06) weeks from the date of receipt of copy of this order' Subject to result of the same, respondent Nos.2 to 4 shall take action against the petitioner strictly in accordance with the procedure laid down under GHMC Act, 1955. In the circumstances of the case, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// ASSISTA SD/.N. SRIHARI NT REGISTRAR \ CTION O FFICER To, 1 2 The Principal Secretary' tvlunicipal Administration and Urban Development O"patr"fit, Secretariat. Hyderabad' The I\,4unicipal Commissioner Greater Hyderabad tr4unicipal Corporation' Tankbund Road HYderabads'

3. The Deputy Commissioner Greater Hyderabad Municipal Corporation' Circle- - t S, .Junitee l-1ills. HYderabad' 4 5 7 8 I TheAssistantCityPlannerGreaterHyderabadMunicipalCorporation,Circle- i e. .Jrut"" Hills. HYderabad' The District Collector, Hyderabad District' The Tahsildar, Shaikpet Mandal, Hyderabad District' One CC to SRl. IvIOHD t\4olN AHIVED QUADRI Advocate IOPUCI One CC to SRI tr/IDDE ARUN KUMAR SC FOR Greater Hyderabad Municipal Corporation [OPUC] Court for the State of Two CCs to GP FOR IVCPL ADIVN URBAN DEV 'High Telangana. [OUT] 1 0. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] '1 1.Two CD CoPies KKS GJP {v ) HIGH COURT DATED:3010112025 { ORDER WP.No.2752 of 2025 1 HE SIE t 3 0tFrs 2Bz5 I oF.Qo,. -r,r(t- t DISPOSING OF THE WRIT PETITION WITHOUT COSTS I ,t a I e S 4 itir I r .".ri,.: -. - ,',;Sffiqq . :.' :) ,,;,.. i: .. -- -.-.--a.' --i-rn----