High Court · 2025

Smt. Fahimida Begum, W/o Mohd. Khurshid Aged about 40 years, Occ House Wife, R/o H.No. 19-3-870, Outside Aliabad, Hyderabad. ..,PETITIONER AND

2. J.

5. b. 7 The Commissioner, G.H.M.C., Tank Bund, Hyderabad. The Commissioner of Police, Hyderabad City, Basheerbagh, Hyderabad. The Deputy Commissioner of Police, South Zone, Purana Haveli, Hyderabad. The Collector & District Magistrate, Hyderabad District, Nampally, Hyderabad. The Tahsildar, Bandlaguda Mandal, Hyderabad. Syed Pasha, S/o Syed Vaziruddin Occ Business Ri"/o H.No. 19-3-871' Outside Aliabad, Hyderabad. Mohd. Anwar, S/o Syed Vaziruddin Occ Business, Ri/o H.No. 19-3-871 , Outside Aliabad, Hyderabad. ...RESPONDENTS Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue wRlT oF MANDAMUS declaring the action of the respondents I to 5 herein in not initiating any criminal/Civil action against the respondents 6 and 7 by registering a Crime or demolishing the illegal structures made by the respondents 6 and 7 in the common path way of ingress and ingress in between House Nos. 19-3-870 and 871, outside Aliabad, Hyderabad is illegal, arbitrary and consequently direct the respondents to take legal action of both criminal/civil action against the respondents 6 and 7 by initiating criminal action or demolishing of illegal structures rnade by the respondents 6 and Z in between House Nos 3-870 and 871, outside Aliabad, Hyderabad. 19- t.A. NOilo F 2013 PMP .N O:15 753 0F 2013 petition under section 151 cpc praying thai in the circumstances s;tated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents 1 to 5 to take regar acrion of both criminar/civir against the respondents 6 & 7 by'initiating criminal action or demolishing of structures made by the respondents 6 & 7 in between House Nos. 19-3-870 and 871, rutside Aliabad, Hyderabad, tr,ending disposal of the main Writ petition Counset for the petitioner : SRI GANESWARA RAO NTDUMUKKALA COUNSEI fOr RESPONdENT NO.1 : SRI G.MADHUSUDHAN REDDY, SC FOR (;HMC Counset for Respondent No.2&3 : SRt D.VENKATESH, Gp FOR HOME Counsel for Respondent No.4&5 : Gp FOR REVENUE Counsel for Respondent No.6&7 : The Court made the following: ORDER _- i i I HON'BLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION NO. L2793 0r 2013 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India, seeking to grant the following relief: "...to issue urit of manclamus declaing the action of respondent lVos. I fo 5 herein not irtitioting any Criminal/ Ciuil aciion ogainst the respondent Nos'6 and 7 bg registering a Cime i demolishing the itlegol sttltctures made bg tLrc respondent Nos.6 and 7 in the commotT path uaA of ingress oni ingr."" in betuteen Flouse Nos l9-3 87O ond 871' outsidei Atiabad-, Hyderabad is illegal, orbitrary and consequentlg clirect tlte respondents to take legal action of both ;nmin;l/ ciuil action against the respondent Nos'6 and 7 bg initiating ciminal action or demolishing of illegol stnlctures i"a. Ag the respondent Nos.6 and 7 in betuteen House Nos.19-5-870 and 871, outside Aliabod, Hgderabad and poss such otler order or orders . . . " It is submitted by the learned counsel for the petitioner

2. that the petitioner is the owner of house bearing No'19-3-870' Aliabad, Hyderabad and there is a common pathway between the house of the petitioner to the house of the respondent Nos' 6 and 7. While so, respondent Nos' 6 and 7 started making illegal construction by encroaching upon the said common pathway, thereby causing difliculty to the petitioner' 2 \

2.1. It is furlher submitted that though the petitioner made severaf representations to respondent Nos. I to 5, no action has been takt:n by the respondent authorities on thr: said representations

3. Heard Sri Ganeswara Rao Nidumukka_la, learned counsel for the petitioner and Sri G.Madhusudhan Redd_v, learned Standing Counsel for G.H.MC., for the respondent No. 1, Sri D.Venkatesh. iearned Government pleader for Home for respondent Nos.2 and 3; and learned Governnrent pread:r for Revenue for respondent Nos.3 and 4. 4 Perused the material available on record.

5. Learned counsel for the petitioner submits that despite several represerttations made before the resnondent No.3 on 10.01.2011, 1S.03.20I1, 24.O3.2013 and 17.O4.2O13, he has neither initiate,l any action nor has rejected the said representations rls on today.

6. Per contra, Sri Raparthi Venkatesh Goud, leained Government plt:ader appearing for Home, submits that inadvertently, th,- petitioner addressed the retter to responrrent I { I No.3/the Deputy Commissioner of Police, South Zone' PuranT Haveli, Hyderabad, instead of Deputy Commissioner' Circle - 9 GHMC. If the petitioner has grievance in respect of the illegal constructions he should have filed the representation before the respondent No.1 and then the respondent No'3 would have initiated appropriate action against the said unofhcial respondent Nos.6 and 7 by following due procedure contemplated under law.

7. In view of the aforesaid submissions, this Court is of the viewthatthepetitionerhasnotventilatedhisgrievancebefore the appropriate authority' tn the above facts and circumstances, the petitioner is permitted to file fresh representation before the Deputy Commissioner' Circle-9 Greater Hyd.erabad Municipal Corporation' within a period of two (O2) weeks from the date of receipt of a copy of this Order' On such representation being made, respondents are directed to take appropriate action within a period of four (O4) weeks' by following the due proced'ure as contemplated under the GHMC Act, 1955. !- \ -.*t \

8. With the above direction, the Writ Petition is disposecl of. No costs Miscellaneorrs applications pending, if any, shall stand closed. To /-P. PONNA KRIIJHNA A STSTANT REGISTRAR //TRUE COPY// SECTION OFI:ICER The Commissioner, G.H.M.C., Tank Bund, Hyde 1

2. The Commissioner of Police, Hyderabad City, Basheerbagh, Hyderabad. 3. The Deputy Commissioner of Police, South Zone' Purana Haveli' Hyderabad 4. The collector & t)istrict Magistrate, Hyderabad District, Nampally, Hyderabad' 5. The Tahsildar, Bandlaguda Mandal, Hyderabad' 6. One CC to SRI GANESWARA RAO NIDUMUKKALA' Advocate [OPUC] 7. One CC to SRI G.MADHUSUDHAN REDDY, SC FOR GHMC IOPUCI S.TwoCCstoGPFoRREVENUE,HighCourtfortheStateofTelanganaat Hyderabad. [OU T] g.TwoCCstoGPFoRHotvIE,HighCourtfortheStateofTelanganaat Hyderabad. [OUT] I 0. Two CD CoPies. BSK BS \y .--*< I I HIGH COURT DATED:2210812025 1 0 til, il;l5 \ 'i.. \ l), ...:,, ORDER WP.No.12793 of 2013 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \0\ro