High Court · 2025

petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High cou,, may be pleased to issue writ, order of Direction more particurarry one in the nature of Writ of Mandamus dectaring the action of the Respondent No. Sin not taking necessary steps to demorish the unauthorized construction consisting Ground plus Seven Floors being made in plot No. 603, adrneasuring 300 Sq. yards equivalent to 2s0.83 sq. mts, part of sy. Nos. 11l.14, 11t1s, 1ir16, 11r1r, ;1/|8, situated at Khanamet Vi age. Rajendra Nagar, Mandar, R.R. District in spite of issuing show cause notice vide Notice no. r)cr92rc-2lirpscHM./20 24 Dt. 23_ 12-2024, under section 451(1) and 461(1) of GHMC Act, 195S tothe Respondent no' 4, as being iregar. arbitrary and viorative of Articres 14, 19, 21and 300-4 of the constitution of India and arso in gross vioration of principres of Natural Justice and consequen,y seeking a direction to demorish the unauthorized construction b::in1; made in Plot No.603, admeasuring 300 Sq. '/ards equivalent to250.83Sq. mts,Partof Sy.Nos. 11/14, 11115, 11116,11117,11118,situatedat Khanamet Villag,-. Rajendra Nagar, Mandal, R.R. District lA NO: 1 OF 202!5 Petition un,l-.r Section 151 CPC praying that in the oircurnstances stated in the affida'vit fi € (l in support of the petition, the High Cou 1 may be pleased to direct the Rr:sporCent no. 4 to stop the building constructio'l aclivity undertaken in Plot No. 603. ri jmeasuring 300 Sq. yards equivalent lo 250-83 Sq. mts, Part of Sy. Nos. 1li14 11115, 11116, 11117, 11/18, situated a Khanamet Village, Rajendra Nag;:rr. Vlandal. R.R. District as being illegal, arbitrary and violative of Article 14, 111. 2'l and 300-A of the Constitution of lndia Counsel for the Petitioner : SRl. NARAPARAJU AVANEESFI Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMII\IISTRATION Counsel for ther Respondent Nos.2&3: SRI G. MADHUSUT)AN IREDDY, SC AND URBAN DEVELOPMEI'IT Counsel for the Ilespondent No.4: SRI P. NAGESWAR RAo The Court marje the following: ORDER I ] t I i l l l a TITE HON'BLE SRI JUSTICE I( LAKSHMAN WRIT PETITION No.2975 of 2025 ORDER: Heard Sri Narapraju Avaneesh, leamed counsel for the petitioner; Sri G. Madhusudan Reddy, leamed Standing Counsel appearing for respondent Nos.2 and 3 and Sri P. Nageswar Rao, learned counsel for respondent No.4.

2. Petitioner herein is claiming that he is the absolute owner and possessOr ofplot No.603, admeasuring 300 sq. yards, in Sy.Nos.l l/14, ll/l5,ll/16, ll/17 afi I 1/18, situated at Khanamet Village, Rajendra Nagar Mandal, Ranga Reddy District, on the strength of a registered sale deed bearing document No.345 of 1984, dated 19.01.1984. Respondent No.4 is proceeding with construction in the said property, which belongs to the petitioner, without obtaining prior permission from GHMC. The said construction is unauthorized construction. Therefore, the petitioner has submitted a representation dated

18.12.2024 to respondent No.3 with a request to take action against respondent No.4. On receipt of the said representation, respondent No.3 has issued show cause notice dated 23.12.2024 to respondent No.4 directing to stop the unauthorized construction and submit I I I 2 explanati,lrr \vithin 7 days. Petitioner has also lodlled complaint "r before thr: \lrrdhapur, Police Station, against respondernt I'lo'4' who in tum regii;tcrred the case in Crime No.l317 of 2024, dated 0'1 '102024 against r,:spcndent No'4 for the offences punishable unrler Sections 447,406.4i.(t,41g,465,46'7,468and471ofIPCTht:investigationis pending [r',r:n then, respondent No.3 is not takinq fu rther action against lespc'ndent No.4 and resptndent No'4 is pro')eedjng with the constnlclic,t '. Aggrieved by the said inaction of resprlnde nt No.3, the petition('r h,r'; filed the present writ petition'

3. \\'hereas, Sri G' Madhusuqn RedOy, leamed Sitanding Counsel appearir,g lrr respondent Nos..2 1qd 3, on instructions' v ould submit that dr:sfite receipt of show cause notice dated 23 12 2024 , respondent No.4 dirt nor submit any explanation. Therefore, respond':nt No'3 has a[ read,v r: s sed speaking order dated 03.02'2025 dirt:ct i nrl rcspondent No.4 to rcrrove the unauthorized construction' He has rot removed rhc saicl r.rtr tuthorized construction. Respondent No - w'il L take further sleps a u; i rst respondent No.4 strictly in accordan':e with the proceJr re ,aid down under the Greater Hyde-aba'l Municipal Corponrtt,r I Act, 1955 (for short, 'the Act, 1955'), 3

4. In the light of the aforesaid submissions, this Writ Petition is disposed of directing respondent No.3 to take further steps against respondent No.4, including seizing of the building, etc., pursuant to the speaking order dated 03.02.2025 strictly in accordance with the procedure laid down under the Act, 1955. He shall complete the said exercise within a period of four (04) weeks from the date of receipt of a copy of this order. Liberty is granted to respondent No.4 to challenge the speaking order dated 03.02.2025. There shal[ be no order as to costs. As a sequel thereto, pending miscellaneous applications, if any, shall stand closed. /TTRUE COPY// SDI.V.KAVITHA ,/ ANT REGISTRAR / ECTION OFFICER To, ! I I I ! I I i I

1. The PrinciPal Secretary MuniciPalAdministration an Urban Development Dep artment, Secretaria t Buildings , Sec retariat, HYde rabad The Com missioner' Greater HYderabad MuniciPal Corporation, GHMC Chandanagar, Serilingampally Zone' GHMC' Bhavan, Hyderabad. The DePutY Commis sbner, One CC to SRI. NARAPARAJU AVANEESH, Advocate IoPucl Hvd erabad. Two CCsto GPFORM UNICIPAL ADMINIST RATION AN DUR BAN urt for the Sta vocate [O PUCI DEVELO SWAR RA One CC to One CC to SRI. G MADHUSUDDAN RED DY, SC toPUCl Two CD CoPies BM Co NAGE SRI. P. PMENT o, Ad ,High

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6. te of Telang ana, at Hyderabad [oUIl GJP (P- d HIGH COLIR DATED:04'102,12025 Il -\' /-- r.l o r(_- C,^ 2 h JUll 206 I.T \.i- ,i-o ORDER WP.No.29'75 ot 2025 DISPOSIilIG OF THE WRIT PETITION WITHOUT' C OSTS ?r ;(a ar5 I