✦ High Court of India · 19 Feb 2025

The High Court · 2025

Case Details High Court of India · 19 Feb 2025
Court
High Court of India
Decided
19 Feb 2025
Bench
Not available
Length
1,000 words

Harika Hostel, Represented by Ms. Harika Flat no. 1 and 2 Ground Floor, Municipal No. 21-i1-30, (3-14:149), 156 to 159, Paigah colony, SP Road, Secunderabad - 500003. ...RESPONDENTS 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 writ or order more particularly in nature of a writ of Mandamus declaring the inaction of Respondent No. I to 4 in not taking any action on the complaint dated. 06-01-2025, given by the Petitioner herein against the Respondent No.5 as in violation of Article 14,16,21 of the constitution of lndia and consequently direct the Respondents No- 1 to 4 to immediately act on the same and to ensure that the Respondent No.5 herein desists from continuing the unlawful activities at Raghava Apartments on Plot no. I In Survey nos. 156 and 159, situated at Paigah Colony, behind Anand Talkies, SP Road, Secunderabad, Cantonment, Telangana. 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 No 1 to 4 to immediately act on the same and to ensure that the Respondent No.5 herein desists from continuing the unlaMul activities at Raghava Apartments on Plot no. 9 in Survey nos. 156 and 159, sltuated at paigah Colony, behind Anand Talkies, SP Road, Secunderabad, Cantonment,Telangina till the disposal of the present Writ Petition. Counsel for the Petitioner: SRI G.K. DESHPANDE Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINtSTRATION & URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI G. MADHUSUDHAN REDDy, SC FOR GHMC Counsel for the Respondent No.3: SRI K.R. KOTESWARA RAO, SC FOR SECUNDERABAD CANTONMENT BOARD Counsel for the Respondent No.4: ASST. GP FOR HOME The Court made the following: ORDER I ]'HE IION'BLE SRI JUSTICE K. LAKSIIIVIAN WRIT PETITION No.4786 of 2025 ORDER: Heard learned counsel for petitioner and Sri G. Madhusudhan Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation (GHMC) appearing for 2nd respondent and Sri K. R. Koteswara Rao, lear.ned Standing Counsel appearing for 3.d respondent and learned Assistant Government Pleader lbr Home appears for 4'h respondent.

2. Petitioner is a practicing Advocate. She is a resident of Raghava Apartments, Secunderabad. According to her, 5'h respondent is using the subject property, which is a residential pomplex, for commercial purposes i.e., running a hostel though permission was obtained for construction of residential building. Therefore, she has submitted a representation dated 06.01.2025 to 2nd respondent with a request to take action against 5'h respondent. Despite receiving and acknowledging the said representation, 2"d respondent did I I 2 KL. J W I,.No 4786 o12025 not act upon the same. Aggrieved by the said inaction of 2,d respondent, petirioner has filed the present Writ petition

3. Learned Standing Counsel appearing for 2nd reslrondent, on instructions. would subrnit that Deputy Commissioner, ' Circle No.l-1. (iHMC, will inspect the subject property, consider the representation dated 06.01.2025 submitted by petitioner and ilthe allegations made by petitioner are found to be correcl, lic rvill take action against 5th respondent strictly in accordance rvith the procedure laid down under Greater Hyderabad Nlunioipal Corporation Act, 1955 (for short 'the Act'), by putting petitioner and 5'h respondent on notice and affording therr an opportunity of hearing. 4 In the li-rrht of the above, notice to 5th respondent is dispensed with

5. Accortlingly, this Writ Petition is disposed of directing Deputy Conrnrissioner, Circle No.l3, GHMC, to inspect the subject property and consider the said representation dated

06.01 .2025 subrnitted by petitioner and if the allegations made by petitioner are found to be correct, he strall take action 3 KL. J W i' No +7a6 o{ 2025 against 5'r' respondent strictly in accordance with the procedure laid down under the Act by putting petitioner and I 5'l' respondent on notice and atlbrding thern an oppoftunity of hearing. He shall complete the said exercise within a period of four (4) wee ks from the date of receipt of a copy of this order Tliere shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// I To, SD/- T. JAYASREE ANT REGISTRAR SI ECTION OFFICER rban Development 1 . The PrinciPal Secretary MunrciP al Administration and Department, The State of Telang ana, Secretary Hyd erabad Telangana The Commiss ioner, GHMC, Lowe r Tank Bund Road , Hyderabad Aclministrative Officer, Secundera bad Cantonment Board ' Secun derabad Civil Courts ComPlex, Secunderabad. ir,rJ c"r-*il{.lonei or Police, Hyderabad City, Hyderguda' Hyderabad - 500029. 2 3 4 . on;ca to sRl G.K. DESHPANDE, Advocate Lofycl 5 . 6;; cc io 5ni c. ImoHUSUDHAN REDDY, sc-ror^Gf y9l9l99l 6 . 5;; cc i" 5iii r.n. r-oiESWARA RAo, sc ror SECUNDERABAD 7 CANTONMENT BOARD TOPUCI a iwo cc. io-eC Fon'uui'ttctpAi AD-MlNlsrRATloN & URBAN " DEViLoiMEr.rr, High Court for the State of Telangana- [oUT] s. i;,; 6-c-s to GF ron"nour, High court for the state of relangana 1 0. Two CD CoPies BN GJP I I HIGH COURT DATED:1910212025 ORDER WP.No.4786 of 2025 1ry1 '( z o .S 2 5 APh ZEZ5 I DEsparrlH €_O * DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ l* D

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