High Court · 2025

Petition under Article 226 o'f lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents No.2 to 4 in not taking any action on the unauthorized and illegal constructions being made by the 5th respondent in plot No. 203 in Sy.No.69 and 70, situated at Telecom Nagar (Shankarlat layout) Gachibowli, Hyderabad, deviating from the sanctioned plan even though petitioner made several representations as illegal and arbitrary and consequently to direct the respondent No.2 to 4 to remove the illegal constructions being made in plot No. 203 in Sy.No.69 and 70, situated at Telecom Nagar (Shankarlal layout) Gachibowli, Hyderabad. W f' l.A. NO: 2 OF 2015(WPMP. NO: 18270OF 20151 Petition under Section 15'1 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 2lo 41o restrain the 5th respondent 1n making any further constructions in plot No.203 in Sy. No.69 and 70, situatcd at Telecom Nagar (Shankarlal layout) Gachibowli, Hyderabad, pending disposa of the writ petition. I.A. N O:1 OF 201 PMP. NO: 18269 OF 2015 Petition under Section 151 CPC praying that in the cir:umstances stated in the affidavit filed in support of the petition, the High Cour ..nay be pleased to direct the respondents No.2 to 4 to remove the unatrthorized and illegal constructions being made by the 5th respondent in plot No. 2 03 in Sy. No. 69 and 20, situated at Telecom Nagar (Shankarlal layout) Gachibowli, Hyderabad, pending disposal of the writ petition. Counsel for the Petitioner : SRI P.RAVI KUMAR, rep., SRI S.V.RAMANA Counsel forthe Respondent No.1 : GP FOR MCPL ADMN-URBAiI DEV Counsel for Respondent No.2to4:SRl G.MADHUSUDHAN REDDY, SC FOR GHMC Counsel forthe Respondent No.s: SRI IGOPAL REDDY The Court made the following: ORDER l 7 HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.13952 of 2Ol5 ORDER: This writ petition is [iled sccking follou,ing relief "To declare the action oJ'respondent Nos.2 to 4 in not taking anA action on the unauthori-z,ed and illegal cons[ructions being made bA the srL, respondent in plot No.2O3 in Sy. No.s.69 and 70, situated at Telecom Nagar (Shankarlal lcLllotLt) Gachibotuli, Hyderabad, deutating from the scLnctionecl ptan euen though the petitioner made seueral representations, as illegal and ctrbitrary and consequerttlg, to dlrect the respondent Nos.2 to 4, to rentoue the illegal constntctions beirtcl rnacle h plot No.203 in Sly.Ir'os.69 and 70, situated at T'elecolt Nagar (Shankarlol lay out ) Gachibotu Li, Hy cle ra bacl. "

2. Heard Sri P. Ravi Kumar, learned counsel representing Sri S.V. Ramana, learned counsel for the petitioner on redord and Sri G. Madhusudan Redd-v. learned Standing counsel for respondent Nos.2 to 4.

3. Learned counsel for lhe petitioner u,ould submit that petitioner is the owner ancl possessor oi I{.No.C-3/500, Huda Colony, Chandanagar, Hyderabad, :rclmeasuring Ac.289 square yards in Sy.Nos.69 and 70, under a registered salc deed bearing document No.65O7 of 2003 dated 26.05.2OO3 and the said Muse has been constructecl by dul-v obtaining permission from municipality. He hrrther submitted that respondent No.5 2 commenccd construction of building which Ls on thc the u.cste rn sirlc ol pctitioner's plot i.e., plot No-20.1 u'ithouL [eaving On enquiry, pctitioner t a s informed that proPer st: t b:rcks rcsPondc;ll No.3 datr:d No.5 obtaincd building pe rmission l'torn ;espondent 25.O4.2O14 for sLilt, ground + t'\ o Lrppcr floors' the approved pcrmission, resporclcut No.5 is Contrary to makin€{ construction without le aving proper st:t backs as per the banctioned plan. Pctitioner has submittcrl -c pt'<:sc n talion s kd O2.O4.2015 and l8'O4 2015 to the resJ)('rrdeul' No 2' but "actron hzrs becn taken, dcspite deviation ol thc s:rnctioned Aggricved by tl-re same , petitioner herein fllcd thc prcscnt , grit Pctitiott l,earned Standing counscl lor respondtr t Nos 2 to 4 by 4. referring counter filed on behalf of responclcnt l\krs-2 to 4 uould submit that pursuant to representations given lrr tht'petitirrr-rer, respondents have inspectcd the site and fourll thal there are dcviations as to setbacks on sides and thcrcbre, respondent oflicials havc issued noticc dated 2O-O4.2O1r' unrlcr Scction 452(1) and 461(1) of HMC Act Thc respor-rdcrr. No.5 has given rcply to thc saicl noticc and the same was not Ji und szrtisfaclory and hcncc thc respondent officials have isst-tcrl at-rothcr tlotice dated 04.O5.2O15, Lln6lgt' Section 452(2) of FIiltl Ac:1. [n the rncanwhilc, pctitioncr has approached this Court by Iiling ''! + *.{- J present writ petition by making false allegations against the respondents. It is further submitted that hnal notice under Section 636 of HMC Act is required to be issued to respondent No.5. In fact, respondents are acted upon represcntations and are taking steps in accordance u,ith [aw. He finatly submitted that respondents will take further action pursuant to notice dated 04.O5.2015, issued under Section a52Ql ot HMC Act in accordance with law.

5. Considering the submissions made 1-.'y lcarned counsel for the petitioner and learned Standing counsel for respondent Nos.2 to 4, this writ petition is disposcd o[, and the respondents are directed to take furthcr action pursuant to notice dated

04.05.2015, issued under Sec[ion a52Q) of HMC Act, strictly in accordance rvith the provisions of GHMC Acl and bye law, rules there under. There shall be no order as to cosLs. Miscellaneous petitions pending, if any, shall stand closed. SDi. M.JAWAHAR REDDY SISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 2 The Secretary, State of Telangana, Department of The Commissioner, GHMC' Hyderabad , - The Deputy Commissioner, GHt\'4C Circle-1 1 Serlingampally' Hyderabad' ' 3 4. The Assistant City Planner, GHMC, Serlrngampally Circle' Ranga Reddy nicipal Administration,, District.

5. One CC to SRI S.V.RAMANA, Advocate lOPUCl 6. One CC to SRI G.TMADHUSUDHAN REDDY, SC FOR GHMC IOPUCI

7. Two CCs to GP FOR TMCPL ADMN-URBAN DEV, Higtr Court for the State of Telangana. [OUT]

8. One CC to SRI l.cOPAL REDDY, Advocate. [OPUC] 9.. Two CD Copies. BSK TKS t I I I ! i I HIGH COURT DATED:26109t2025 ORDER WP.No.13952 of 2O1S 1tE 3 !-.{ ;.5 q. za; I I '-\ t':Jr. \*n t B tlilI It 4= Itssp \: .aO arC\1u''-j' -=-;t/' DISPOSING OF THE WRIT PETITION WITHOUT COSTS J "( 1