High Court · 2025

Petitian under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue an appropriate writ, order or direction more parlicularly one in I the nature of wRll OF MANDAMUS declaring the action of the respondents No. 2 to 6 herein in not taking action on the notice dated 20 01 .2025 issued by the 4th respondent herein basing on the complaint / representation dated 08.01 .2025 submittFd by the petitioner against the respondents No. 7 afd, 8 he(ein \^/hq are making illegal constructions in their plots being H No 8-2-29QlQ2lA and B aitqate{ at Ambekdar Nagar, Road No 46, ,lubilge Hills, Hyderabad which are having eouthgrn side of petitioner's plot without having any vglid pqrmission and title by extending the slab into the petitioner's plot bearing No 77grc in Sy l),lq 120 NgIv ) ( Old Sy Ng 40311 ) of Shaikpet Village, and Sy l-'lo 10211 of Hal(eempet Village, admeasuring 1050 Square Yardfl, situated at Jublee Hillg CgQperative House Building Society Limited, Road No 45, Jlbilee Hillq, Hyderahad ls being illegql, arbitrary unreasonable, and violative p{ prinOlRlgs gf natural justice and violative of article 14 and 300-A of the Qonstitution of l6dia and contrary {p the provisions contemplated under the GHMQ Act qndTQ'B Eiqq Act and rules made lhereunder and consequently direot the reEpondgnts No 2 tg F hcrein to demolish the illegal constructions made by the rqspondQnls {g z en4 I herein in reEpect af their Plots lA NO: 1 OF 2025 petition undo.r section 151 CPC praying that in the cirgumslanceQ stated 1n ths qffidavit filed in support of the petition, the High Court may !e Olqased tO dirgct the reQpondents No 2 to 6 herein to stop the illegal c9nstruclion q1ad9 by the resgondgnts No. 7 and 8 herein in respect of their plotg bearing H No. !:2' ?g?,tl2lA anQ p, Arnbedkar Nagar, Road No 46' Jubilge Hills Hydepbad' which is qguthern Side of the petitioner's plot bearing No. 775-G in Sy N9, :!20 (Nely ) ( Qld Sy No 40311 ) of Shaikpet Village, and Sv No'102/1 of Hakeqmpet Villsgq, adFea$uring 1050 Square Yards, situated at Jublee Hills qooperative Hou$g Bullding Soqiety t.imited, Road No, 45, Jubilee Hills, HyderaQad, forthwith pending disposal ol'the main writ petition' geunsel for the Petitioner: SRI KOPPULA GOPAL Counsel for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent Nos.2 to 6: SRI ,i,OO= O^r* KUMAR, SC 7 Counsel for the Respondent Nos'7 and 8:-- The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.44O2 of 2o25 ORDER: Heard learned counsel for the petitioner, learned Assistant Go'u ernment Pleader lor Municipal Administration and Urban Dt:velopment appearing for respondent No.1 and Sri Midde Arun Kumar, learned Standing Counsel appearing for respondent Nos.2 to 6. Perused the record.

2. In view of the nature of relief sought by the petitioner, this Writ Petition is disposed of at the admission stage dispensing wi:h notice to respondent Nos.7 and 8.

3. Petitioner is claiming that she is the absolute owner and possessor of plot No.775-G, Road No.45, Jubiee Hills, Hyderabad. Respondent Nos.7 and 8 are making constructions southern side of the petitioner's property without obtaining permission. The same is unauthorized construction. Therefore, she has submitted a representation, dated 08.01.2025 to respondent No.4 with a request to take action against respondent Nos.7 and B. On receipt of the said representation, respondent No.4 has I EKI,.J \ W.P.No.zt402 of 2025 \ 2 issued notice, dated 20.01.2025. Respondent Nos.7 and 8 are not receiving the same. Therefore, respondent No.4 is not proceeding further. Aggrieved by the said action of respondent No.4, petitioner hled 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 Nos.7 and 8 have not received the said notice, dated 20.01:2025. Therefore, respondent No.4 has fixed the said notice on the wall of the subject property. He will take steps against respondent Nos.7 and 8 strictly in accordance with the Greater Hyderabad Municipal Corporations Act, 1955 (for short 'the Act, 1955) by putting the petitioner and respondent Nos.7 and 8 on notice and affording them an opportu nity of hearin g.

5. In the light of the said submissions, this Writ Petition is disposed of directing respondent No.4 to consider the complaint, dated 08.01.2025, notice, dated 20.01.2025, inspect the site and if the allegations made by the petitioner / / ,/ I I KL,J 'v\'.P.No.4402 of 2025 3 are found to be correct, he shall take action against respondent Nos.7 and 8 strictly in accordance with the procedure laid down under the Act, 1955 by putting the petitioner and respondent Nos.7 and 8 on notice and alfording them an opportunity of hearing. He shall complete the said exercise within a period of four (4) weeks from the date of receipt of a copy of this order. No costs. As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. SD/-K. SREE RAMA MURTHY R A //TRUE COPY// R

1. The Principal Secretary, lvlunicipal Administration and Urban Development Department, Secretariat Buildings. The State of Telangana, Hyderabad 2. The Commissioner , The Greater Hlrderabad Municipal Corporation, Tank 3. The Zonal Cornmrssioner, Khairatabad Zone. Khairatabad, Hyderaba(. 4. The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Bund Hyderabad Khairatabad Zone, Circle No. 18, Jubilee Hills, Hyderabad Corporation Tank Bund, Hyderabad

5. The Assistant City Planner, Greater Hyderabad Municipal Corporation, Circle No. 18, Jubilee Hills, Office of Deputy Commissioner, Khairatabad Zone, Hyderabad. 6. The vigilance,:nd Enforcernent Officer, Greater Hyderaba( Municipal ' 7. Qne QC to Sr Koppula Gopal, Advocate [OPUC] I fwo CC_s to GP fo1 Municipal Administration Urban Development, High Court fgr the Etate of Telangana, at Hyderaba! [OUT] g. One QQ to Sri Midde Arqn Kumar, SC IOPUC] 10. Two CD Copie s To, TJ BS HIGH COURT DATED:1410,212025 ORDER WP.No.4402 of 2025 ?n'' f, H S.T4 r C o^ ( q d oE I{{B ro25 spLlcv\;o OE I 'I c {t DISPOSING OF THE WRIT PETITION WITHOUT COSTS o /l