High Court · 2025

lle _S!a!e o.f Telangana, Represeinted by its Principal Secretary, Municipal Administration and Urban Development-Departmeht, Secretariit, ttyderabad 9reater HLderabad Municipal Coiporation, Represented by its C.ommissioner Municipal Complex, Tank Bund Road, Hyderabad. The Zonal Cornmissioner, Greater Hydeiabad Municipal Corporation. Khairati.abad Zone, Khairatabad Road, Tai Enclave. Hvderabbd. The Ass.istant City.Planner, Greater Hydeiabad Muniiipal Corporation, Circle No. '18, Hyderabad. Sree Kailas lndustrial Gases Limited, A company registered under the pro_visions of The lndian Companies Act, 1956 h'aving its registered office at 607, Street No. 3, Tamaka, Secunderabad-sO0O17, Represented by its Managing Director ...RE''.NDENTS 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, order or direction, more particularly one in the nature of a Writ of Mandamus, declaring the inaction of the Respondent Nos. 2 to 4 in not taking measures against the unauthorised and illegal structures constructed by the Respondent No. 5 on Villa No. U4, consisting of Ground plus 2 Upper Floors, on the land admeasuring 906.21 square yards at premises bearing No. g-2-54S, known as Prem Parvat by PVP, in Town Survey No. 20t1 and 2012, Road No.7, Banjara Hills, Hyderabad (property) pursuant to representation of the petitioner dated 06.02.2025, as being illegal and arbitrary and for being violative of Articles 14 and 21 of the Constitution of lndia, 1950 and the GHMC Act, 1 955 / I I Ii 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 Respondent Nos.2 to 4 to take steps to forthwith stop the construction being carried out act by Respondent No. 5 on Villa No. U4, consisting of Ground + 2 Upper Floors on the land admeasuring 906.2'1 square yards at premises bearing No. 8-2-545, known as Prem Parvat by PVP, in Town Survey No. 2011 and 2O12, Road No.' 7. Banjara Hills, Hyderabad and pass Counsel for the Petitioner: SRI S. K. SHABBER AHMED Counsel for Respondent No. 1: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for Respondent No. 2 to 4: SRI MIDDE ARUN KUMAR Counsel for Respondent No. 5: -- The Court made the following: ORDER /i HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.4642 OF 2025 ORAL ORDER: Heard Mr.Sk.Shabber Ahmed, learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development for respondent No.1 and Mr.Midde Arun Kumar, learned Standing Counsel for respondent Nos.2 to 4

2. The petitioner herein is claiming that it is the absolute owner and possessor of Villa No.L4 and also developer of the property in plot Nos.Ul, U2, U3 and U4 situated in Sy.Nos.20l I and 20/2, Road No.7, Banjara Hills, Hyderabad, pursuant to the building permit order dated 25.08.2014. It is the specific contention of the petitioner herein that respondent No.5 has purchased Villa No.U4 consisting ground + 2 upper floors in the subject property i.e., house bearing No.8-2-545, known as 'Prem Parvat by PVP', Banjara Hills, Hyderabad, under the registered sale deed bearing document No.2529 of 2019, dated 17.O4.2O19. Respondent No.5 is making construction of two floors over and above the 2 ground + 2 upper floors. The same is unauthorised, Therefore, the petitioner herein has submitted a representation dated

06.O2.2025 to respondent Nos.2 and i with a r-equest to take action against respondent No.5. Despite receiving and acknowledging the said representation, respondent Nos.2 and 3 did not act upon the same. Aggrieved by the said inaction of respondent Nos.2 and 3, the petitioner filed the present writ petition.

3. Whereas, Mr.Midde Arun Kumar, learned Standing Counsel for respondent Nos.2 to 4, on instructions, would submit that respondent No.3 will consider the said representation dated 06.O2.2025 submitted bv the petitioner and inspect the site, if the allegations made by the petitioner are found to be true, he will take action against respondent No.5, strictly in accordance with the procedure laid down under the Greater Hyderabad Municipal Corporation Act, 1955 by putting the petitioner and respondent No.5 on notice and affording them an opportunity of hearing.

4. In the light of the said submission, notice to respondent No.5 is dispensed with. This Writ petition is disposed of, 3 directing respondent No.3 to consider the representation dated 06.O2.2025 submitted by the petitioner and inspect the site, if the said allegations made by the petitioner are found to be correct, he shall take action against respondent No.5, strictly in accordance with the procedure laid down under GHMC Act, 1955, by putting the petitioner and respondent No.5 on notice and affording them an opportunity of hearing. He shall complete the said exercise within four (4) weeks from the date of receipt of a copy of this order. In the circumstances of the case, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPY// SD/.P. GOWRI SHANKAR ASSISTANT REGIS SECTION OFFICER To, 1 2 3 4 5

6. The Commissioner, Greater Hyderabad Municipal Corporation, Municipal Complex, Tank Bund Road, Hyderabad. The Zonal Commissioner, Greater Hyderabad Municipal Corporation. Khairatabad Zone, Khairatabad Road, Taj Enclave, Hyderabad. The Assistant City Planner, Greater Hyderabad Municipal Corporation, Circle No. 18, Hyderabad. One CC to Sri S K Shabber Ahmed Advocate [OPUC] Two CCs to GP For Municipal Administration & Urban Development, High Court for the State of Telangana. [OUT] One CC to Sri Midde Arun Kumar, Advocate(OPUC) Two CD Copies MBC BS ,t,a HIGH COURT DATED: 1810212025 -r 11: ; r;\ / l. 7'l it. il? 16 ,f;. \ '. .' ' -. .;, z' ORDER WP.No.4642 o12025 DISPOSING OF WRIT PETITION WITHOUT GOSTS Uq.,* 1K n) €