R.Sujith v. 1. The State of Telangana

6. Smt.Mannem Lakshmi Ammaji, W/o Not Known to the petitioner Aged about Major, Occ.Business Plot No.64and65, in Sy.No.4'l112 and41l13, Khanamet village, Serilingampally mandal, Ranga Reddy District. .....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 a Writ, Order or direction more particularly one in the nature of Mandamus, declaring the in action of the Respondents on petitioner representations dated 0410112025 and 1610112025 seeking about illegal and un authorised constructions in and over Plot No.64,65,66 and67 in Sy.No.41112 and 41t13 ot Khanamet village, Serilingamaplly mandal, Ranga Reddy dist by the Respondent. No.5and6 is wholely illegal, arbitrary and against the principles of natural justice and also viotative of Articles 14, 19,21 and 300-A of constitution of lndia and consequently this Honourable Court direct the Respondent No.2 to 4 to consider the petitioner representations dated 0410112025, 1610112025 and take appropriate action in and over Plot No.64,65,66 and 67 in Sy.No.41 t12and41l13 of Khanamet village, Serilingarnaplly mandal, Ranga Reddy dist by the Respondent. No.5 and.6 in the interest of justice. |.A.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 No.2 to 4 to consider the petitioner representations dated 0410112025, 1610112025 and take appropriate action in and over Plot No.64,65,66 and67 in Sy.No,41112and41113 of Khanamet village, Serilingamaplly mandal, Ranga Reddy dist by the Respondent. No.5and6 and pass appropriate orders in the interest of justice Counsel for the Petitioner : SRI V.S.R.M.V.PRASAD SANAKA Counsel foithe Respondent No.1 : GP FOR MCPLADMN AND URBAN DEVELOPMENT !r Counsel forthe Respondent Nos.2 to 4: SRI G.MADHUSUDHAN REDDY Counsel for the Respondent Nos.S & 6 : - The Court at the stage of admission made the following ORDER HON'BLE SRI WSTICE K. LAKSHMAN WRIT PEIITION No.499O of 2o25 ORDER: Heard leamed counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Sri G. Madhusudhan Reddy, learned Standing Counsel appearing for respondent Nos.2 to 4. Perused the record. 2, In view of nature of relief sought by the petitioner, this Writ Petition is disposed of at the admission stage dispensing wit-h notice to respondent Nos.S and 6

3. Petitioner is resident of Ktranamet Village, Serilingampally Mandal within Greater Hyderabad Municipal Corporation (GHMC) limits. Respondent Nos.5 and 6 obtained building permissions for construction of residential house consisting of stilt + 3 upper floors. But, they have constructed 4tta, sth and 6th floors unauthorizedly. Therefore, on the complaint lodged by , -I KL,J W.P.No.4990 of 2025 2 the petitioner, respondent No.4 has passed speaking orders both, dated 17.U.2O25 directing respondent Nos.S and 6 to remove the unauthorized construction within fifteen (15) days from the date of receipt of a copy of the said order, failing which, action u'ill be taken against them in terms of Sections 636 and 4614, of the Greater Hyderabad Municipal Corporation Act, 1955 (for short 'the Act, 1955). Even then, they have not removed the same. Respondent No.4 is not proceeding further pursuant to the said speaking orders. Challenging the said action of respondent No.4, petitioner frled the present writ petition.

4. Whereas, Sri G. Madhusudhan Reddy, learned Standing Counsel appearing for respondent Nos.2 to 4 has produced written instruction of respondent No.4 stating that respondent Nos.S and 6 have filed suit vide O.S.No. 1229 of 2024 before VIII Additional Judicial Magistrate of First Class, Kukatpally, Ranga Reddy District against GHMC and obtained an order directing :'15' . KL,J W.P.No.4990 of 2025 3 respondent No.2 not to take any coercive steps against respondent Nos.S and 6. The said order is subsisting and the said suit is pending. Therefore, respondent No.4 is not in a position to take steps against respondent Nos.S and 6.

5. Perusal of the said order, dated 10.01.2025 would reveal that the learned counsel appearing for respondent Nos.2 to 4 did not produce parawise remarks to the learned Judge. Therefore, learned Judge has directed GHMC not to take any coercive steps without issuing notice and passing speaking orders. Learned Judge directed to call the matter on 23.04.2025. Thus, due to inaction of learned Standing counsel appearing for respondent Nos.2 to 4, the said order came to be passed by learned Judge and posted the matter to 23.04.2025 from lO.Ol.2O25 i.e., after 3% months, without considering the guidelines issued by a Division Bench of combined High Court of Andhra Pradesh at Hyderabad in Municipal Corporation of Hyderabad, Hyderabad v. KL,J . W.P. No.4990 of 2025 4 Philomena Education Foundation of Indial, as well as the High Court's Cinculars dated 2O.O2.2O17 in ROC.No.7/Reg.Judl/2O17 and dated 08.11.2023 in ROC.No. 1 4/Reg.Judl. /2023

6. Admittedly, respondent Nos.S and 6 have made construction of 4th, sth and 6th floors in deviation to the said building permit orders. The same is unauthorized construction. Respondent Nos.2 to 4 have to bring the said facts to the notice of learned Judge

7. Sri G. Madhusudhan Reddy, learned Standing Counsel for respondent Nos.2 to 4, submit that respondent Nos.5 and 6 have also submitted arr application to respondent No.2 with a request to regttlarize the said unauthorized construction in terms of Sections 4554. and 455AA of the Act, 1955. Respondent No.2 will consider the same in accordance with law. Subject to the result of the same and also subject to the orders to be passed by learned Judge in I.A.No. l'245 of 'lzqgs 111 ALr 670 (DB) l -* KL,J W.P.No-4990 of 2025 5 2024 in O.S.No.1229 of 2024, respondent No'4 will take action against respondent Nos.s and 6 in accordance with the procedure laid down under the Act, 1955.

8. In the light of the said submissions, this Writ Petition is disposed of granting liberty to the petitioner to implead himself in O.S.No.1229 of 2024 and file an application seeking advancement of the said I'A from

23.04.2025 to arly other date. Respondent No.4 shall also file an application seeking advancement of hearing of the said I.A application and on filing of the same, learned Judge shall consider the same. Both the petitioner and respondent Nos.2 to 4 shall bring to the notice of learned \ Judge the guidelines issued by the Division Bench in Philomena Education Foundation (supra) and aforesaid two circulars and learned Judge shall consider the same and decide the advancement applications, implead application frled by the petitioner and also I.A'No'1245 of 2024 in O.S.No.1229 of 2024. Respondent No'2 shall dispose of the applications submitted by respondent l' I ! KL,J W.P.No.4990 of 2025 .) 6 Nos.S and 6 seeking regularization of the said unauthorized construction in terms of Sections 455A and 455AA of the Act, 1955 within four (4) weeks from the date of receipt of copy of this order. Subject to the result of the aforesaid I.A and the said application, respondent No.4 sha-ll take action against respondent Nos.S and 6 pursuant to the speaking orders both, dated 17.O1.2O25. No costs. As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. SD/-P. PADMANABHA REDDY ASSIS ANT REGISTRAR //TRUE COPY// ECTION OFFICER Ranga Reddy dist, Hyderabad. The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, State of Telangana at Hyderabad. The Commissioner, Greater Hyderabad Municipai Corporation, Lower tank bund road, Hyderabad. . The Zonal Commissioner, Serilingampally Zone, GHMC, Serilingampally, . The Deputy Commissioner, GHMC, Chanda Nagar circle-21, Hyderabad. . Two CCs to GP FOR MCPL ADMN AND URBAN DEVELOPMENT, High Court for the State of Telangana at Hyderabad. [OUT] . One CC to SRt V.S.R.M.V.PRASAD SANAKA, Advoiate tOpUCl . One CC to SRI G.MADHUSUDHAN REDDY, Advocate (OPUC) . Two CD Copies - 2 3 4 E o 7 8 To 1 SA BS YY C.G. TODAY i': -' {, .E iir',-; !- \i 24 FIB ?16 HIGH COURT DATEp: 1 9 10212025 ORDER WP.No.4990 of 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. I ."dA Y - <ttr