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 of Mandamus or any other appropriate writ, order or direction, in taking necessary action against 6th Respondent regarding illegal ...RESPONDENTS constructions of a building being done by him without any permission or approval from the concerned authorities as per law and enforce necessary measures to stop the illegal activities of constructions immediately as illegal, arbitrary, unjust and u nco nstitutionat and consequently direct the respondents to take necessary action against the above said persons regarding illegal constructions of a building being done by 6th Respondent without any permission or approval from the concerned authorities. lA NO: 1 OF 2025 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to take necessary action against the 6th Respondent and his associates regarding illegal constructions of a building being done by 6th Respondent without any permission or approval from the concerned authorities. Counsel for the Petitioner: SRI THAKUR CHANDRA KAMAL SINGH Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 to 5: SRI RAPARTHI VENKATESH' S.C. FOR GHMC Counsel for the Respondent No.6: - The Court made the following: ORDER 7 HON'BI E SRIJUSTICE K.I.AKSHMAN Wri t Petition No-3782 of2025 Order: Fleard leamed counsel for the petitioner and Sri Raparthi Venkatesh, leamed Standing Counsel appearing for respondens No.2 to 5. 2 Petitioner herein is claiming that she owns a ponion of open plot Nos.45 and 48 in Survey No.15 admeasuring 25 square yarids situated Mailandevpally Village, Greater Hlderabad Municipal C.olporation (GfIMIg. Respondent No.6 is proceeding with the consrruction in the said properry without obtaining permission and without even registering himself with Grearer Hyderabad Municipal Corporation (GFillIQ in terms of Section 7(2) of the Telangana State Building Permission Approval and Self Crrtification Sptem (TS-bPASS) Act, 2020 (for short 'the Act). The said construction is unauthorized construction. Therefore, petitioner has submitted representarion dated 30.01.2025 to 2 respondents No2 to 5 with a request to tal<e action against respondent No.5. Despite receiving the said rePresentation and acknowledging the same, respondents No.2 to 5 did not act upon the same. Aggrieved by the said inaction of respondents No.2 to 5, petitioner filed the present sryit petltlon.

3. Sri Raparthi Venkatesh, leamed Standing Coursel appearing for respondents No.2 to 5 has produced wriuen instructiors of respondent No.4- Depury C-ommissioneS Rajendranagar Circle 11, GHMC, stating that on receipt of the representation of the petitioner, he has inspected the subject site and found that respondent No.6 is proceeding with the construction without obtaining prior permission including registration in terms of Section lQ) of the Act. Therefore, he has directed respondent No.6 to stop construction. fusistant Gry Planner, Rajendranagar Circle 11, GHMC has also issued notice dated 07.02.2025 to respondent No.6 with a direction to l.:-t.:i-7 3:: t I submit cenain documents including permission etc. thereafter, he will take action agairst respondent No.6 strictly rn accordance with the procedure laid down in the Act byputting respondent No.6 on notice and affording an oppornrnfuy of hearing. The said written instructions along with copy of notice dated 07.02.2025 are placed on record.

4. Leamed counsel for the petitioner, on instructiops, would submit that respondent No.5 is proceeding with the constructlon even now.

5. In the fuht of aforesaid submission, notice to respondent No.6 is dispensed with and this Vrit Petition is disposed of directing the Assistant Gry Planner, Rajendranagar Circle 11, GHMC, to inspect the sub.iect site and if the allegations made by the petitioner are found to be correct, take action against respondent No.6 strictly in accordance with the procedure laid dosin under the GHMC Act, 1955. FIe shall also consider the explanation/documents submined by respondent No.6. FIe 4 shall complete the said exercise within a period of four weeks from the date of receipt of a copy ofthis order. No costs. As a sequel, interlocutory applications, pending if any, stand closed. SD/.P. CH. NAGABHUSHAMBA TRE GISTRAR ASSIs //TRUE COPYII To, 1 TherAssistant City planner, Rajendranagar Circle 11, GHMC, Ranga Reddy CTION OFFICER 2 1 !}fofi Hit",.",sffi i"'tl,d#bIi.lx#'"$'H#" ;di fr f f r,:,[il:i $.3"fu:s#ffi 3it.(RI'#li.?sii"#,,.fl a:fi.,#H]:8i,ff r,"ix,,,:x6f": . !!tflnd-!rffii1?:*5i"#fl[1'[,;rtt,-t.ft;' ffiffiF:y, rs"#B .&llJffi i:8."/f,tfl fi;5ffi$,i?J:*3h{}r.#iy_fi"3,:I#rB",iffi r "[];Jffilc":#fdil5, 7. One CC to SRt THAKUR CHANDRA KAMAL S|NGH, Advocare tOpUCl 8. Two CCs to Gp for ML 9. One CC to SRt RAPARTH| VENKATESH, S.C. for GHMC [OPUC] s t, t"ir ri,Hf,X ii,Tj?!1',.:ti"*.i6oryi*, D e,e ro p m e n t, H is h li#i'#e#f:i,{i.?rrj:i#rt",,r,i:f c o u rt ro r t "

10.Two CD Copies wMP BS I I HIGH COURT DATED:1 010212025 oR 1HE S ir 11 (. <,^ o 2qrfi nzs t PATCHF-o r ) cI ORDER WP.No.3782 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS *dd Y-t-- 6{w