✦ High Court of India · 27 Feb 2025

ACE ATLANTIS OWNERS WELFARE ASSOCIATION v. 1. The State of Telangana

Case Details High Court of India · 27 Feb 2025

19.11.2024, 29.11.2024 submitted by the petitioner to the respondents as illegal and arbitrary, apart from violative of indefeasible right to ife as enshrined in the Article 21 of the Constitution of lndia and consequently direct the respondents to remove/demolish the labour quarters with 3 large sheds which were illegally constructed without obtaining requisite permissions in Sy. No. 131/1 , Khajaguda Village, Serilingampalli Mandal, Rangareddy District in accordance with the provisions of Telangana Municipalities Act, 2019 to ensure the safety of members of the petitioner society residing in the abutting apartment. |.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High C'lurt may be pleased to direct the respondents take rmmediate and appropriate act on to remove/demolish the labour quarters with 3 large sheds which were illegally constructed without obtaining requisite permissions in Sy.No.131/1 , Khajaguda Village, Serilingampalli Mandal, Rangareddy District pending disposal of writ petition. Counsel for the Petitioner : SRI JOGINIPALLY SAI KRISHNA Counsel forthe Respondent No.1 : GP FOR MCPL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 to 4 : SRI G.MADHUSTJDHAN REDDY Counsel for the Respondent No.s : - The Court made the following ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.5757 of 2025 ORDER: Heard Sri J. Sai Krishna, learned counsel for the petitioner and Sri G. Madhusudhan Reddy, learned standing counsel appearing for respondent Nos.2 to 4 Perused the record,

2. Petitioner is a registered association by name Ace Atlantis Owners Welfare Association. 165 owners of flats of a residential building are members of the said association. According to the petitioner, 5'h respondent is claiming that he is owner of the entire property. 56 respondent constructed 3 sheds for labour qua-rters ' The same is illegal construction. Therefore, petitioner association has submitted representation dated 19.LL.2024 with a request to take action against 5'h respondent. Despite receiving and acknowledging the said representation, 3d respondent did not consider the same. Aggrieved by the same, petitioner filed the present writ petition. KL,J w.P.No.5757 of 2025 2

3. Whereas, Sri G. Madhusudhan Rt:ddy, learned standing counsel appearing for respondent Nos.2 to 4 on instmctions would submit that 3.d responderLt will consider the representation submitted by the petitionr:r, inspect the site and if the allegations made by the petitic)ner are found to be correct he would take action against :im respondent strictly in accordance with procedure laid down under the Greater Hyderabad Municipal Corporation Act, 1955 by putting the petitioner and 5th respondent c n notice and affording them an opportunity of hearing.

4. In the light of the said submission, notice to 5th respondent is dispensed with

5. In the light of the foregoing discussi,rn, this writ petition is disposed of directing 4th responderrt to consider the representation dated lg.Il.2024, inspect the site and if the allegations made by the petitioner are found to be correct he shall take action against 5th respondent strictly in accordance with procedure laid down under the Greater Hyderabad Municipal Corporation Act, 1955 by putting the KL,J W.P.No.5757 of2O2s 3 petitioner and sth respondent on notice and affording them an opportunity of hearing. He shall comptrrete the said exercise within a period of (08) weeks from the date of receipt of copy of this order.

6. With the aforesaid directions, this writ petition 1S disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending , - in the Writ Petition shall stand closed. //TRUE COPY// DI L. VIJAYA I AXMI S TANT REGISTRAR SECTION OFFICER To 1 . The PrinciP al Secrelary, IVlunicipal Administration 2. The Commi ssioner, Greater Hyderabad Municrpal Corporation' Lower Tank Department Secretariat, State of Telangana at Hyde rabad. ban Development Ur Bund, Liberty HYderabad 3' The Zonal Commissioner, West Zone, Serilingampally Ranga Reddy District 4.TheDeputyCommissioner,CircleNo.20,serlhgampally-GHMC'.tly.derabad o. r*" -c-Cii6 cp ron N/cPL ADIMN AND URBAN DEVELoPMENT' Hish - Courrfor the State of Telangana at Hyderabad [OUT] Z. Srl. S-. JrnarOnan, Slo Swa"my, Aged about Ma.ibr years, Occ-. Business Ri./o. ' ff . N". S-Si, knaiaSroa, Khajigudja Village Serilingampally Mandal' Ranga Reddy District. . On. CC to SRI JOGINIPALLY SAI KRISHNA' Advocate [OPUCI . One CC to SRI G.IvIADHUSUDHAN REDDY, Advocate (OPUC) . Two CD CoPies 5 6 7 SA GJP I HIGH COURT DATED:2710212025 ORDER WP.No.5757 o12025 ( t\ .rHS s 14 Ie o o 1O JUll 2M t o ,'soa Tcrrt rt* {, DISPOSING OF THE W.P WITHOUT COSTS. CT

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