High Court · 2025

Petition under Arlicle 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 Writ of Mandamus by declaring the action of the Official Respondent Nos.1 to 5 more particularly the Respondent No.2 to 5 inspite of receiving Petitioners Written Complaint dl. 1610112025 in not taking necessary action against the Unofficial Respondent Nos.6 who have carried out unauthorized construction in House Property bearing Municipat Municipal No. 10-2-317147, 10-2-3\7l47lA and 10-2- 317147t1, admeasuring 210 Sq. Yards, situated at Vijay Nagar Colony, Nedr Asif Nagar Mandal Otfice Street, Hyderabad, without any sanction plan and without leaving any mandatory setbacks, as arbitrary, discriminatory, ex- facie illegal, highhanded, and giving colourable exercise to its statutory powers which is in violation of principles of natural justice and consequently may direct the official r :-:1 --=+ Respondent Nos.1 to 5 more particularly the Respondent No.4 ind 5 to take necessary acticrn on the petitioner said written compraint dt. 1610112025 by demolishing thr-. said unauthorized construction in House property bearing Municipal No. 10-2-317147, 1o-2-31rt4ztA and 10-2-31714711, edmeasuting 210 Sq. Yards, situated at vijay Nagar corony, Near Asif Nagar Mandar office street, Hyderabad, without any sanction plan and without leaving any mandatory setbacks, carried cut by the Unofficial Respondent Nos.6, in the interest ofjustice. lA NO: 1 OF 202s 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 pteased to direct the official Respondent Nos.1 to 5 more particurarry the Respondr..nt No. 2 to 5 to forthwith considr-'r the Petitioner written complaint dt. 16-01-,2025 by taking necessary action against the Unofficiar Respondent Nos.6 by demorishing the unauthorized construction in House property bearing Municipat Municipar No. 10- 2-317147, 10-2-3171471A and 1\-2-31il4711, admeasuring 210 Sq. vards, situated at Vijay Nagar colony, Near Asif Nagar Mandar office street, Hyderabad, besides directing the Resrpondent No.2 to 5 from not to make any furthr:r unauthorized construction and Deviations and also to seal the premises, in the interest ofjustice pending disposal of the main Writ petition. Counsel for the Petitioner: SRI L.RAM SINGH Counsel for the Respondent No.1: Gp FOR MCPL ADMN & URBAN DEV Counsel for the Respondent Nos.2 TO 5: SRI MIDDE ARUN KUMAR, SC FOR Counsel for the Respondent No.6: -- GHMC The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.5959 OF 2o25 ORDER: Heard Sri L.Ram Singh, learned counsel for the petitioner and Sri Midde Arun Kumar, Iearned Standing Counsel appearing for respondent Nos.2 to 5.

2. Petitioner is resident of Vij ayanagar Colony, Hyderabad. 6th respondent is his neighbour. 6th resporrdent is proceeding with construction unauthorizedly. Therefore, petitioner has submitted a representation dated 16.01.2025 to respondent Nos.2 to 5 with a request to take action against 6th respondent. Despite receiving and acknowledgement the said representation, respondent Nos.2 to 5 did not act upon the same. Aggrieved by the said inaction of respondent Nos.2 to 5, petitioner hled the present writ petition.

3. Whereas, Sri Midde Arun Kumar, learned Standing Counsel appearing for respondent Nos.2 to 5 has produced written instructions of Sth respondent wherein it is 2 ') stated that lith respondent has already issued shoq' cause notice dated, 26 .Og .2023 to 6th respondent and passed speaking orcier dated 30.O9.2024 directing 6th respondent to remove the unauthorized construction. Instead of removing the said unauthorized construction, 6th respondent .ras filed a suit ulde ,C.S.No.4l73 of 2024 and obtained stltus quo order on O5.O9.2O24. However, respondent Nos.2 to 5 are taking steps to bring the said unauthorized constrtt<:tion to the notice of the learned IV Junior Civil Judge, C:ity Civil Court, Hyderabad and also the guidelines issuercl by a Division Bench of combined High Court of Andhra Pradesh at Hyderabac. in Municipal Corporation of Hyderabad, Hyderabad v. Philomena Education Foundation of Indiar, as well as tl:re High Court's Circuiars dated 20.02|LOl7 in ROC.No.7/R,=g.Judl/2017 and dated Oa'll-2023 in ROC.No.14/Reg.Judl .12023 ald thereafter they r'vrll take action againrst the 6tt' respondent strictly in accordance with the Greater Hyderabad Municipal Corporation A<r, 1955 pursuant to speaking order dated 3O.Og .2024 - llhe said written instrrrctions are placed on record. 2008 (1) Ar.r 670 (DBl ,-7 3 \ \

4. In the light of the said submission, this Writ Petition is disposed of directing respondent Nos.2 to 5 to bring the aforesaid unauthorized construction made by 6ff respondent to the notice of learned IV Junior Civil Judge, City Civil Court, Hyderabad in O.S.No.4l73 of 2024 and also the guidelines issued by a Division Bench of combined High Court of Andhra Pradesh at Hyderabad in Municipal Corporation of Hyderabad, Hyderabad v. Philomena Education Foundation of Indiaz, as well as the High Court's Circulars ROC.No.7/Reg.Jwdll2Ol7 and dated OA'll'2023 in

20.02.2017 ROC.No.l4/Reg.Jtdl./2023 and the learned IV Junior Civil Judge, City Civil Court, Hyderabad shall consider the same' Subject to result of LA.No.2434 of 2024 in O'S'No'4173 of 2024, respondent Nos.2 to 5' shall tdke action against 6th respondent pursuant to speaking order dated 30 'O9 '2024 strictly in accordalce with the Greater Hyderabad Municipal Corporation Act, 1955. However, they shall complete the said action within four (04) weeks from the date of receipt of a copy of this order. '. 2oo8 (1) ALT 670 (DB) , I 1 4 Miscellaneous petitions pending, if any, shzrll stand closed. There sha-ll be no order as to costs. //TRUE COPY// SD/-MOHD. ISMAIL GISTRAR AS OFFICER The lV Jurior Civil Judge, City Civil Court, Hvderabad. The Principal Secretary, Municipal Administr-ation Department. Telangana Secretariat, Hyderabad, State of Telangana. The Commissioner, GHMC, having offiEe at Tankbund, Hyde-abad, T.S The 4onal Commissioner, GHMC,-Circle No. 12, KhairtabhO, HydeiaOaa, t.S The Deputy Commissioner, GHMC, Circle No.12, Khairtabad, {yderabad, T.S. T-he Assistant C_ity Planner, Town Planning Section, GHMC, Oircle No.12, Khairtabad, Hyderabad, T.S. One CC to SRI L.RAM SINGH. Advocate IOpUCI Two CCs to GP FOR MCPL ADMN & URBAN DdV, Hiqh Court for the State of Telangana, at Hyderabad. [OUT] one cc tc, sRt MTDDE ARUN-KUMhR, SC FOR GHMC [Optj{}] r' Two CD Copies To

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9. '10 PSK. GJP 6 HIGH COURT DATED:2710212025 ORDER WP.No.5959 of 2025 ( ..r ) t o,tu '\. :. ,\4rC 1lr 0 7 ilrir 2U5 o .!' a t.a S- DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0,*' %" ,'