The High Court · 2025
Case Details
7. Sri Burma Sree Hari (Sri Hari), S/o Burma Narayana Age- 69yrs, House number- 12-11-222, Brahaman Basthi, Warasiguda, Secunderabad - 500061 B. Sri Burma Ram Mohan, S/o B.Narayana. Age- 70yrs House number - 12-11' 222, Brahaman Basthi , Warasiguda, Secunderabad - 500061Mobile- 9246169958
9. Smt. Alladi Sri Devi, W/o Alladi Durga Raju, House No- 11-2-25311,F-2O1, Sujatha Residency Mylargadda, Beside Lane Bank of Baroda, Seethaphalmandi, Secunderabad, Hyderabad - 500061 I l n,-zt -''
10.Smt. Padala Lalitha, W/o P N Rajendra, House No - 12-11-223, Flat No 301 , Ranga Residency, Warasiguda, Secunderabad, Sitaphalmandi, Hyderabad - 500061
11. tV/s. Sri Laxmi Narayana Developers, a partnership firm, rep. by its partners i. Rayudu lMohan Rao S/o. Late. R.V. Subbarao, Aged about 65 years, Occ- Business, R:/o. Plot No 50, Brindavan Estates, Nizampet Road, Kukatpally, Hyderabad.Mobile- 9849912573 ii. Kambharnpati Madhusudana Rao S/o Kambhampati Narasaiah, Flat No 401 , Kaizen Laxmi Hari Nivas, Teachers Colony, East lrilarredpallv, 1-3-7811 and 7Bl112, Street No-2, Hyderabad, Telangana - 500026
12.Thumu Nikhil Kumar, S/o. Thumu Shravan Kumar Business, Ry o. H.N0.12-5-211 , Maruthi Nagar, Moosapet, Kukatpally, Hyderabad, Telangana- 500018. Mobile-9032812345 ed about 28 yrs, Occ- ehind ZPHS School, Ag B
13.Sri. Kotari Sai Kiran, S/ o. Kotari Pentaiah, Aged about 38 yrs, Occ- Business, Rr/ o. Flat No. 304, Sri Laxmi Narayana residency, Patel Nagar,Moosapet, Hyderabad. Mobile-9000692469 (Chintuu Fancy Bangle Store) ...RESPONOENTS 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 in the nature of writ of mandamus- a. Declaring the inaction of the Respondent Authorities in not acting upon the representation dated O4.11.2024 by demolishing the unauthorized structures i.e., 4 shops- G-1 , G-2, G-6 and G-7 constructed in the parking spaces and Flat No. 601 on the 6th floor of Sri Laxmi Naravana Residence, bearing H. No. 12-4-7511, Moosapet Village, Kukatpally Mandal, Medchal-Malkajgiri District raised and occupied by the Respondent Nos. 7 to 13 and further perpetrating the said illegal commercial activity, as being bad in law, arbitrary, illegal and in violation of Art. 300A of the Constitution of lndia, 1950 and b. consequentially direct the Respondent Authorities to demolish the said unauthorized structures in parking spaces and 6th floor in an appropriate and complete manner. lA NO: 1 OF 2025 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 to take appropriate action as per the representation dated 04.11.2024 given by the Petitioner society pending disposal of the writ petition. .9 lA NO: 2 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 Respondents specifically Respondent No.6, not to register any transaction with regard to illegal constructions i.e., shops (G-1, G-2, G-6 and G-7) and Flat No. 601 of Sri Laxmi Narayana Residency, bearing H. No. 12-4-7511, Moosapet Village, Kukatpally Mandal, Medchal- Malkajgiri District, barring creation of third party interests pending disposal of the writ petition. Counsel for the Petitioner :SRl. R ANURAG Counsel for the Respondents No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondents No.2to6:SRl K.RAVI MAHENDER, SC FOR GHMC Counsel for the Respondents No.7to13 : -- The Court made the following: ORDER ) /-) HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.5624 of 2o25 ORDER: Heard learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Sri K. Ravi Mahendar, learned Standing Counsel appearing for respondent Nos.2 to 6. Perused the record. In view of the nature of relief sought by the 2. petitioner, this Writ Petition is disposed of at the admission stage dispensing with notice to respondent Nos.7 to 13.
3. Petitioner is a registered association of the flat owrlers of Sri Laxmi Narayana Residency situated at Moosapet Village, Kukatpally M andal, Medchal- Malkaj giri District within the Greater Hyderabad Municipal Corporation (GHMC) limits. Respondent Nos.7 to 13 KL,J W.P.No.5624 of 2025 2 made illegal construction of Stilt and pent house in plot a,rea. On the complaint made by the petitioner,GHMC authorities demolished the same on 15.72.2020. They have sealed the same. Even then, respondent Nos.7 to 13 reopened the said seal and complete the said construction. Therefore, petitioner has submitted a representation, dated 04.LL.2024 to respondent Nos.2 to 5 to take action against respondent Nos.7 to 13. Despite receiving and acknowledging the said representation, respondent Nos.2 to 5 did no act upon the same. Aggrieved by the said inaction of respondent Nos.2 to 5, petitioner hled the present writ petition. 4, Sri K. Ravi Mahendar, learned Standing Counsel appearing for respondent Nos.2 to 5 has produced written instructions of respondent No.4 wherein it is stated that respondent No.4 has already issued show cause notice, dated 15.06.2024 and passed a speaking order, dated 25.06.2024 directing respondent Nos.7 to 13 to demolish the unauthorized construction. They have KI-"J W.P.No.5624 of 2025 J not removed the szune. Therefore, he has already addressed a letter, dated 2I.09.2024 to the Nodal Officer concerned with a request to remove the said unauthorized construction pursuant to the speaking I I orcler, dated 25.O6.2024. However, respondent No.4 will pursue with the Nodal Officer and execute the speaking order, dated 25.O6.2024 strictly in accordance with the procedure laid down under the Greater Hyderabad Municipal Corporation Act, i955.
5. In the light of the said submissions, this Writ Petition is disposed of directing respondent No.4 to pursue with the Nodal Officer, in pursuance of his letter, dated 21.09.2024 and take a1l necessary steps for execution of the speaking order, dated 25.06.2024. He shal1 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. KI,J W.P.No.5624 of 2025 ( 1 As a sequel, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. SD/. K. SREE RAMA MURTHY ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER
1. The principal secretary, State of Telangana, Municipal Administration and Urban Development Department
2. The GHMC Commissioner, Greater Hyderabad Municipal Corporation, CC Complex, Tank Bund Road, Lower Tank bund, Adarsh Nagar, Hyderabad, Telangana - 500063
3. The Zonal Commissioner, Circle - 23,Greater Hyderabad [t/unicipal Corporation, Kukatpally Zone, Moosapet Cross Rd, Janta Nagar, AGI Colony, Moosapet, Hyderabad, Telangana 500072.
4. The Deputy Commissioner, Circle - 23,Greater Hyderabad Municipal Corporation, Kukatpally Zone, Moosapet Cross Rd, Janta Nagar, AGI Colony, Moosapet, Hyderabad, Telangana 5OO072.
5. The Assistant City- Planner, Circle - 23, Kukatpally Zone, Greater Hyderabad Municipal Corporation, Moosapet Cross Rd, Janta Nagar, AGI Colony, Moosapet, Hyderabad, Telangana 500072.
6. The Sub -Registrar, Prashanth Nagar, IDA Kukatpally, Kukatpally, Hyderabad, Telangana 500072
7. One CC to SRI R.ANURAG, Advocate. IOPUCI B. Two CCs to GP FOR MCPL ADIUN URBAN DEV, High Court for the State of 9. One CC to SRI RAPARATHI VENKATESH, SC FOR GHMC. [OPUC] 10.Two CD Copies. Telangana. [OUT] BSKBN To, I I I HIGH GOURT DATED:2510212025 CC TODAY ORDER WP.No.5624 of 2025 1HE sr4 ,6. ( ($ o 1 0 7 llAH ilm ,"4 * -/;7 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \3 I I