The High Court · 2025

Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue writ or direction preferably writ of Mandamus, declaring the ...RESPONDENTS i action of Respondents No.2 to 5 in not taking action against the unauthorized construction being raised by the Respondent Nos.7 and 8 withr:ut following setback rules and violating the provisions of Greater Hyderabad Municipal Corporation (GHMC) Act, 1955 and TS bPass Act, 2020, al H. No.12-13-483/8/1 85 12-13-483t26, Street No.14, Lane No.5, Nagarjuna Nagar, Tarnaka' secunderabad, Telarrgana 500017 with permit no 44501619227|GHMC|2O24 despite receipt of cornplaints dt. 21to112025, 2910112025 to Respondent No.4' complaint ol.o5lo2/2o25 to Respondent No.5, Complaint Dt.l1lt)212o25 and 1710212025 to Respondent No.2 and complaint D1.1110212025 to Respondent No.3 from petitioner, rrrrhich is illegal, arbitrary and violative of provisions of Greater Hyderabad Municipal corporation (GHMC) Act, 1955 and TS bPass Act, 2O2O and Articles 21 of the Constitution of lndia -and consequentially direct the Respondent Nos.2 tr:6 to demolish the unauthorized structures raised by the Respondent Nos.7 and 8 without leaving setbacks and without following the rules, on the site admeasuring 185.18 sq. melets(221-48 sq yards, H' No'12-1 3- 483lBl1 and 12-13-483/26, Street No.14, Lane No.S, Nagariuna Nagar, Tarnaka, Secunderabad, Telanr;ana 50001 7. 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 Responde,nt Nos.7 and 8 to stop the illegal and unauthorized construction forthwith, on the site admeasuring 185.18 sq. meters (221 .48 sq yards, H. No.'12-13-483lB/1 and 12-13-483/26, Street No.14, Lane No'5, Nagarjuna Nagar, Tarnaka, Secunderabad, Telangana 5000'17, penCing disposal of the writ petition in tht: interest of justice. IA NO: 2 OF 2025 Petition under section 151 CPC praying that in the circumslances stated in the affidavit filed in support of the petition, the High court may tre pleased to direct the Responderrt No.2 to 5 to consider the complaints dl. 211o112025, 2glo1l2o25 submitted to Respondent No.4, Complaint Dt.0510212025 submitted to Respondent No.S, Complaint Dt.1110212025 and 1710212025 submitted to Respondent No.2 and complaint Dt.11lo2l2\25 submitted to Respondent No.3 by the petitioner for demolishing the illegal and unauthorized structures; immediately raised by the Respondents No.7 and I without leaving setback on the site admeasuring '185.18 sq. meters (221.48 sq yards, H. No.12-13-4B3lBl1 and 12- 13-483t26, Street No.'l 4, Lane No.5, Nagarjuna Nagar, Tarnaka, Secunderabad, Telangana 500017 pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: SRI SUBBA RAO VADREVU Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for the Respondent No.2 to 5: SRI G. MADHUSUDHAN REDDY' SC FOR GHMC Counsel forthe Respondent No.7 & 8: " - - The Court made the following: ORDER !gi{ / THT] HON'BLE SRIJUSTICE K. LAKSHMAN WRIT PETITION No.5510 of 2025 ORDER: Heard leamed counsel for petitioner and Sri G. Maclh:usudhan Reddy, learned Standing Counsel. fbr l Greater Hyderabad Municipal Corporation (GHMC) appearing for respondent Nos.2 to 5.

2. Petitioner is a resident of house b,earing No. l2-13-483,/,A., Street No.14, Lane No.5, Nagarjuna Nagar, Tamaka, Secunderabad. Respondent Nos.7 and 8 are his neighbours. T'hey are making construction in deviation to the building permit order without leaving setbacks. The same is an unauthorizecl ;onstruction. Therefore, he has submitted representations dated 21.01.2025 and 29.01.2025 to 4'h respondent; dated 05.02.2025 to 5'h respondent; d.ated

11.02.2025 aui 17.02.2025 to 2nd respondent and dated

11.02.2025 to 3'd respondent with a request to take actron against respon,Cent Nos.7 and 8. Despite receiving; and acknowledging the said representations, respondent Nos.2 to 5 did not act upon the same. Aggrieved by the said inaction of 2 kL,.I W P.No.55lO of 2025 respondent Nos.2 to 5, petitioner f,rled the present Writ Petition.

3. Leamed Standing Counsel appearing for 3d respondent, on instructions, would submit that respondent Nos.7 and g are proceeding with the construction without obtaining prior permission from 2"d respondent. However, 5th respondent will consider the aforesaid representations submitted by petitioner and inspect the site and if the allegations made by petitioner are found to be correct, he will take action against respondent Nos.7 and 8 strictly in accordance with the procedure laid down under the Telangana Municipalities Act, 2019, by putting petitioner and respondent Nos.7 and g on notice and affording them an opporh-rnity of hearing. 4 In the light of the above, notice to respondent Nos.7 and 8 is dispensed with. 5 5 Accordingly, this Writ petition is disposed of directing respondent to consider the aforesaid representations submitted by petitioner and inspect the site and if the allegations made by petitioner are found to be correct, he shail 3 KL, J w P.N..5510 o12025 take action against respondent Nos.7 and 8 strictly ln accordance 'with the procedure laid down under the Te:langana Municipalities Act, 2019, by putting petitioner and respondent Nos.7 and [i on notice and affording them an opporlunity of hearing. He shatl complete the said exercise within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellaneous applications, if any pending, shall .stand closed. To, sD,-K 3LTAft+tt8l URTHY s /ITRUE COPY// SECTION OFFICE R llm,lle+m*m*slg'***lffi' lttaeffi ;;*

10.Two CD CoPies s BN BS t I "tl { th Er 416 2B il25 9z a 5 t o - -r-'- t t HIGH COURT DATED:2510212025 ORDER WP.No.5510 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS €iq;q ?/