High Court · 2025
Case Details
Petition under Article 226 oI 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the action of the official respondents in not taking any steps in pursuance of the Show Cause Notice No....ffPS/DC/ClR- 17\GHMC|2O24 dated 03.04.2024 issued by the 4th respondent to the 6th respondent for removing of unauthorized left over the old compound wall without removing from the premises after obtaining building permission duly causing severe hardship in using walk way to the locality people at H. No.6-3-609/10/1 , Anand Nagar Colony, Khairatabad, Hyderabad, though the show cause notice was issued as early as C'3.04.2024 as illegal, arbitrary and violation of provisions of GHMC Act and conrsequently direct the official respondents to take immediate action in pursuance of the Show Cause Notice No..../TPS/DC/CIR-17lGHMCl2024 dated 03.04.2024 iss,:ed by the 4th respondent. 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 official responderrts to act upon the Show Cause Notice No ..../TpS/DCiClR- 17lGHMCl2024 dated 03.04.2024 issued by the 4th respondent to the 6th respondent for remo'val of old compound wall in respect of H. No.6-3-60g/10/1 , Anand Nagar Colony, Khairatabad, Hyderabad forthwith, pending finalization of the Writ Petition. Counsel for the Petit,ioner: SRI NARENDAR JALL! Counsel forthe Respondent No.1: cP FOR MCPL ADMN & URBAN DEV Counsel for the Resp,ondent Nos.2 TO 5: SRI MIDDE ARUN KUMAR, SC FOR Counsel for the Respondent No.6: -- The Court made the following: ORDER GHMC THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRTT PETITT ON No.39o4 0F 2026 ORDER: Heard Sri Narendar JaJli, learned counsel for the petitioner and Sri Midde Arun Kumar, learned Standing Counsel appearing for respondent Nos.2 to 5.
2. Petitioner is resident of Anand Nagar Colony, Khairtabad, Hyderabad. 6rh respondent is his neighbour.. 6*, respondent has obtained building permission for construction of ground + 3 upper floors and she has completed construction, but she has not removed the old compound wall, which is obstructing the free flow of the traffic and it is causing inconvenience to the residents of the said area. In proof of the same, petitioner has liled photographs. petitioner has submitted a representation dated 21.03.2024 to the 4th respondent with a request to take action against 6th respondent. On receipt of the said representation, 4ln respondent has issued show cause notice dated O3.O4.2O24 to the 6tn respondent as to why action should not be taken against her. Seven days time was granted to 6th respondent l I i I I I 2 to submit explanation. Even then 4th respondent is not proceeding further pursuant to show cause notice dated 3O.O4.2O24. Challenging the said action of 4ti' respondent' petitioner filed the present writ petition'
3. Wherdas Sri Midde Arun Kumar, learned Standing Counsel appearing for respondent Nos-2 to 5, on instructions' would submit that 4th respondent will take action against 6th respondent pursuant to show cause notice dated 03'04'2024 by considering the representation dated 2L'O3'2O24 of the petitioner herein strictly in accordance with ttre procedure laid down under the Greater Hyderabad Municipal Corporation Act, 1955 by putting the petitioner as well as 6th respondent on notice and affording them an opportunity of hearing. Written instructions of 5th respondent are placed on record. 4 In the light of the said submission, notice to 6th respondent is disPensed with
5. Ttris Writ Petition is disposed of directing 4th respondent to consider representation of the petitioner dated 31.O3.2O24, show cause notice dated O3'O4'2O24, 3 explanation, if any, submitted by 6th respondent and take action against 6th respondent strictly in accordance with the procedure iaid down under the Greater Hyderabad Municipal Corporation Act, 1955 by putting the petitioner as well as 6th respondent_ on notice and affording them an opportunit5r of hearing. He shall complete the said exercise within a period of four (04) weeks from the date of receipt of a copy of this order. Miscellaneous petitions pending, if any, shill stald closed. There shall be no order as to costs, //TRUE COPY// SD/. A. SREENIVASA REDDY T REGISTRAR ASS / I SECTION OFFICER The Princip_al gecretary, Municipal Administration and Urban Development Wl :nd U D) Dept, T^eiangana Secretariar, nyOeraUaO, Siii" ;i i;ta;g;;;. lhe Uommissioner, Greater Hyderabad Muni'cipal Corporation, Tank ti'und Road, Hyderabad. !,ne,Z_o1gl Commissioner, Greater Hyderabad Municipal Corporation, Circle No.1 7, Khairtabad Zone, Hyderabad. The Deputy commissioneri Greater.Hyderabad Municipar corporation, circre No.1 7, Khairtabad Zone. Hvderabad. The.Assistant city Planner, Greater.Hyderabad Municipal corporation, circre No. 1 7, Khairtabad Zone, Hvderabad. One CC to SRI NARENDAR JALLI, Advocate toPUCI Two CCs to GP FOR N/CPL ADMN & URBAN bEV, FJiqh Court for the State of Telangana, at Hyderabad. [OUT] one cc to sRt MrDDE ARUN-KUMhR, sc FoR GHMC [OPUC] Two CD Copies \ To
6. 7. B. 9. PSK.*s L HIGH COURT DATED:1110212025 ORDER WP.No.3904 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS €g*uo %"F { y\E S{A r ,- c. J () ?t yiii ltlb < .1 j.l i 't * DEspArr'