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 pass an order, direction or writ particularly in the nature of Writ of Mandamus declaring the inaction of the Respondents No. 2lo 4 on the representation of the Petitioner daled 17-01-2025 against the illegal structure being raised by Respondents 5 to 8 in and over the property bearing r i No. 9-4-86/20, on F lot fJo. 20 in Survey Nos' 141 ' 142' 143' admeasuring 280 Sq. Yards, situatel at Salar '\rng Colony' Tolichowki' Shaikpet Village' Hyderabad, TS, '1c illelJal, arbitrary, and unconstitutional Consequently this Hon'ble Court may be pleased to direct the Respond/ents No 2 to 4 to take immediateandnectrssaryactionagainsttheillegalConstructionbeingraisedby the Respondent No 5 lcr 8 in and over the house bearing No 9-4-8ei/20' on Plot No. 20 in Survey Nos. 141 , 142, 143, admeasuring 280 Sq Yards situated at Salar Jung Colony', Iolichowki, Shaikpet Village' Hyderabad' T S' lA NO: 1 oF 2025 Petition uncler Section 151 CPC praying that in the circumstances stated intheaffidavitfiledinsrpportofthepetition,theHighcourtmaybapleasedto pass an lnterim Directic'n thereby directing the Respondents No 2 to 4 to stop the illegal constrllc ion being carried out by the Respondent No 5 to, 8 on the subjeit property br,arin3 house No 9-4-86120 ' on Ptot No 20 in Survey Nos' 141 , 142, 143, adrreasuring 280 Sq Yards' situated at Salar Jung Colony' Tolichowki, Shaikptl{ Village, Hyderabad, TS' and demolish the illegal structure being raised over the said property without the sanction plan or permit and demolish the entire illegal structure standing on the subject property Counsel for the Petitioner: SRI MOHAMMED ADAM Gounsel for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2 to 4: SRI MIDDE ARUN KUMAR' SC FOR GHMC The Court made the following: ORDER a_-\ THE HON'BLE SRIJUSTICE K. LAKSHMAN WRIT PETITION No.3808 of 2 02s ORDER: Heard learned counsel for petitioner and Sri Midde Arun Kumar, leamed Standing Counsel for Greater Hyderabad Municipal Corporation (GHMC) appearing for respondent Nos.2 to 4.

2. Petitioner is claiming that she is one of the owners of house bearing No.9-4-86l20 on plot No.20 in Survey Nos.l4l, 142, 143, admeasuring 280 Sq.yards, situated at Salarjung Colony, Tolichowki, Shaikpet Village, Hyderabad. The aforesaid property is not partitioned. All the legal heirs of late M.A. Kasim are having right over the said property. Therefore, petitioner had filed a suit vide O.S.No.47l of 2019 seeking partition and separate possession ofthe said property. The said suit is pending. During pendency of the said suit, respondent Nos.5 to 8 started construction on the aforesaid property by encroaching into the public road/passage without obtaining required permission from GHMC and without leaving 2 KL, J $ P.No 31108 of2025 setbacks. '-he same is an unauthorized construction. [t is a significant threat to the safety and integrity. df the people of the said locali y. 'lherefore, she has submitted a representation dated 17.01.2025 to 4ft respondent - Assistant City Planner, Town Planning Section, Circle 10, Ward 47, Hyderaba<l, with a request to take action against respondent Nos.5 to 8. Despite receiving and acknowledging the said represerLtation, 4th responc.ent did not act upon the same. Aggrieved by the said inaction ol4th respondent, petitioner has filed the present Writ Petition.

3. Leanred Standing Counsel appearing for resp'cndent Nos.2 to 4, on instructions, would submit that 4th resp,cndent will consicer the said representation submitted by petitioner, inspect thr strbject property and if the allegations mzrde by petitioner iLre lbund to be correct, he will take action against respondent Nos.5 to 8 strictly in accordance with the procedure laid down under Greater Hyderabad Municipal Corporatior .A.ct, 1955 (for short 'the Act'), by putting 3 KL, J w.P-No 3808 of 2025 petitioner and respondent Nos.5 to 8 on notice and affording them an opporhrnity ofhearing.

4. In the light of the above said submissions, issuance of notice to respondent Nos.5 to 8 in the present Writ petition is dispensed with.

5. Accordingly, this Writ Petition is disposed of directing 4n respondent to consider the representation dated 17.01.2025 submitted by petitioner, inspect the subject properfy and ilthe allegations made by petitioner are found to be correct, he shall \ t t take action against respondent Nos.5 to 8 strictly in accordance with the procedure laid down under the Act, by putting petitioner and respondent Nos.5 to 8 on notice and affording them an oppomunity of hearing. Further, 4th respondent is directed not to adjudicate the disputes between petitioner and respondent Nos.5 to 8 with regard to aforesaid property since the suit vlde O.S.No.47l of 2019 filed by petitioner seeking partition and separate possession of the subject property is pending. He shall confine to the allegations made by petitioner 4 KL, J rI' P N. 3soa of 2025 that respondent Nos.5 to 8 are proceeding \Yith the constructior on the subject properfy without obtaining; prior permission from GHMC, by encroaching into the public road/passalie. l{owever, he shall complete the said e>rercise within a period of four (4) weeks from the date of receipt of a copy ofthi,; order. There shall be no order as to costs. Misc:llaneous applications, if any pending, shall stand closed. To, //TRUE COPY/i SD/- T.'VIJAY KUMAR Ass(s ANII REGISTRAR T I I $ecroru oFFrcER I

1. The Principal Secretary (Municipal Administration) Having office at secretariat Buildings t lyderabad, State of Telangana.

2. The comn issioner, Greater Hyderabad Municipal corporatirln, Tank Bund Road, HYderabad.

3. The chief city Planner, Greater Hyderabad Municipal corporation, Tank Bund, Hydr,rabad.

4. The Assistant City Planner, Town Plhnning Section Circle 10, Ward 47 Hyderabad TSi

5. One CC to SRI MOHAMMED ADAM, Advocate [OPUC] 6. One CC 1o SR MIDDE ARUN KUMAR, SC FOR GHMC [OPU(]] T.TwoCCstrGFFORMCPLADMNURBANDEV,HighCourtfortheStateof Telangana at H'rderabad [OUT] Two CD C(,pies 8 BSR GJP HIGH COUTTT DATED: 11,i0212025 ORDER WP.No.380B of 2025 e ) o .: lit t, SI4, .\q 4 ?g il,lH m[ { \r1qp+E * DISPOSING OF THE WRIT PETITION, WITHOUT COSTS