ftll{ Hqleem Hamid v. 1. The State of Telangana

Petition under Article 226 of ihe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order, direction or writ particularly in the nature of Writ of Mandamus declaring the inaction of the Respondents No. .2 to 4 on the representation of the Petitioner dated 1610112025 in respect of illegal construction being carried out by the Respondent No. 5 in and over the property bearing No. S- 7-328, total admeasuring 300 Sq. Yards, situated at New Agapura, Hyderabad, TS, as illegal, arbitrary, and unconstitutional. consequenfly this Honourable court may. be pleased to direct the Respondents No. 2 to 4 to take immediate and necessary action against the illegal construction being raised by the Respondent No. 5 in and over the house property bearing No. 5-7-32g, total admeasuring 300 Sq. Yards, situated at New Agapura, Hyderabad, TS. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in :;upport of the petition, the High Court may be pleased to pass an lnterim Direction thereby directing the Respondents No. 2 to 4lo stop the illegal construction being carried out by the Respondent No. 5 on the subject property bearing horrse No. 5-7-328, total admeasuring 300 Sq. Yards, situated at New Agapura, Hyderabad, TS, and demolish the illegal structure being raised over the said propefty without the sanction plan or permit and demolish the entire illegal structure standing on the subject property. Counsel for the Petitioner: SRI MOHAMMED ADAM Counsel for the Respondent No.1: cP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for the Respondent No.2 to 4: SRI MIDDE ARUN KUMAR, SC FOR GHMC Counsel for the Respondent No.S: - - - - The Court made the following: ORDER n TTIE HON'BLE SRI JUS'TICE K. LAKSHMAN WRIT PETITION No. 3871 of 2025 ORDER: Heard learned counsel for petitioner and Sri Midde Arun Kumar, learned Standing Counsel for Greater Hyderabad Municipal Corporation (GHMC) appearing for respondent Nos.2 to 4.

2. Petitioner is claiming that he is one of the owners of I house bearing No.5-7-328, admeasuring 300 Sq.yards,, situated at New Agapura, Hyderabad. The aforesaid property is not partitioned. All the legal heirs of late M.A. Majeed are having right over the said propefiy. Therefore, petitioner had filed a srtit vide O.S.No.126 of 2025 seeking parlition and separate possession of the said property. The said suit is pending. During pendency of the said suit, 5'h respondent starled construction on the aforesaid property by encroaching into the public road/passage without obtaining required permission lrom GHMC and without leaving setbacks. The same is an t unaut&orized construction. It is a significant threat to the safety 2 KL, J w P.No 382I of 2025 and integrity of the people of the said locality. Therefore, petitioner has submitted a representation dated 20.01 .2025 to 4'h respondent - Assistant City Planner, Circle 14, GHMC, Gosha Mahal, Hyderabad, with a request to take action against 5'h respondent. Despite receiving and acknowledging the said representation, 4th respondent did not act upon the same. Aggrieved by the said inaction of 4'h respondent, petitioner has filed the present Writ Petition.

3. Learled Standing Counsel appearing for respondent Nos.2 to 4. or.r instructions, would submit that 4'r' respondent will consider the said representation submitted b1z petitioner and inspect the subject propefty and if the allegations made by petitioner are found to be correct, he will take action against 5'h respondent strictly in accordance with the procedure laid down under Greater Hyderabad Municipal Corporation Act, 1955 (for shofi 'the Act'), by putting petitioner and 5tl,respondent on notice and affording them an opportunity of hearing. I 1 t I 3 KL, J w.P.No 3821 of 2025

4. In the light of the above said submissions, issuance of notice to 5't' respondent in the present Writ Petition is dispensed with.

5. Accordingly, this Writ Petition is disposed of directing 4tr' respondent to consider the representation dated 20.01 .2025 submitted by petitioner and inspect the subject properly and if \ the allegations made by petitioner are found to be correct, he shali take action against 5'r' respondent strictly in accordance with the procedure laid down under the Act, by putting petitioner and 5'h respondent on notice and affording them an opporlunity of hearing. Fufther, 4'h respondent is directed not to adjudicate the disputes between petitioner and 5th respondent with regard to albresaid propefty since the suit vlde O.S.No.126 ol 2025 filed by petitioner seeking partition and separate possession of the subject propefty is pending. He shall confine to the allegations made by petitioner that 5'l' respondent is proceeding with the construction on the subject property without obtaining prior permission from GHMC by encroaching into the public road/passage. However, i 4 KL, J \\' P No 3821 oi2O2s he shall complete the said exercise within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Miscr:llaneous applications, if any pencling, shall stand closed. //TRUE COPY// SD/.K. SREE RAMA MURTHY RAR \\--- CER I '1 . The Principal Secretary (Municipal Administration), The State of Telangana, 2. The Cbmmissioner, The Greater'.Hyderabad Municipal Corporation, Tank Having office at Secretariat, Hyderabad.

3. The Chief Cit\,. Planner, Greater Hyderabad Municipal Corporation, Tank Bund Road, F{yderabad. Bund, Hyderabad.

4. The Asslstanl City Planner, Circle -14, Greater Hyderabad Municipal Corporation, Gosha Mahal.

5. One CC to SRI MOHAMMED ADAM, Advocate [OPUC] 6. One CCto SRI MIDDEARUN KUMAR, SCfoTGHMC IOPIJCI 7. Two CCs to CIP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPIVE:NT, High Court for the State of Telangana. [OUT] B. Two CD Copies To, / I BN BS 7 HIGH COUR'T DATED:1110212025 ORDER WP.No.3821 ,of 2025 .t t \1 ),, '(lr f,. sY,q /( ? / Fits 2025 9e.9PAIC (i C .l- DISPOSING OF THE WRIT PETITION WITHOUT COSTS --,l,'1, (r\/ '"F> u