High Court · 2025

Ms. Nazeer Sajida, w/o. Late lvlirza Yawar Ali Baig aged about 8{ years, Occ. Pensioner, Ry6.H.No. 6-2-55, Plot No. C-9, Sun City, Bandlaguda Jagir, Kismatpur, K.V. Ranga Reddy, Telangana. ...'ET'T'ONER The State of Telangana, Rep. by its Principal Secretary, Itilunicipal Administration and urrban development, Secretariat, Hyderabad. The Commissioner, Bandlaguda Jagir Municipal Corporation li/unicipality/ Municipal Corporation, Gandipet M Mandal, Ranga Reddy Dist. M/s. Cbncept one Developers Private Limited, Rep by its directors Mr. Abdul Rabbin Abdullah I\/r. Mohij Albosi, P.No. 8-1-400/61 , Westfield deluxe colony, Tolichowki, Hyderabad,500008 hm*ects ...RES'ONDENTS AND

2. l) Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in lhe affidavit filed therewith, the High Court may be pleased to issue appropriate writ, order or direction more particularly one in the nature of Mandamus declaring the inaction on the part of Respondents Nor.2 in taking action on the petitioner's representation dated 08-10-2024 (Annexure-1)to take action against the unlawful construction of the unofficial respondent without maintaining proper set. backs in respect of Plot No. 70,72 86 73 situated at survey No. 15/1 il*i- t Slz of Hydershahkote village, Gandipet ltrlandal, Ranga Reddy District as illegal, arbitrary, ultravires against the intents and objects of Sections 174, 177,178 86 180 of The Telangana tt/u nicipalities Act 20l9andconsequently direct Respondents No 2 to remove the deviations and bring the construction carried out by Respondent No 3 herein in accordance with the building permit order vide application No. 006335/8P/HMDA/ 12541DKP12022 dated 0210512024 and the sanctioned plan forthwith and report compliance to the Hon'ble Court in the interest of justice .- lA NO: 1 OF 202.5 Petition unlt r Section 151 CPC praying that in tho cir,;r m I.rta nces stated in the affidavit filec i' support of the petition, the High cjourl rna y' be pleased to direct the Respon r ents No. 2 to consider petitioner's repre sentation dated 0811012024 and ic r : ke action against the unlawful cons;tructjDn of the unofficial respondent witho -t r-laintaining proper set-backs in respect oi plot No. 70,72 &6 or.d 73 situated at Suri ey No. 1Sl1 ffi ., ,r, of Hydershahkote v llag'e, Gandipet Mandal, Ranga Fle ldy District as illegal, arbitrary, ultravires against the intents and objects of Se:t,'ns 174, 177,17886 180 of rhe Telanganir I\,lunicipalities Act 2019 Counsel for the Pet itioner: SRl. SYED MOUNIS JAFER ABIDI Counsel for the Re,;pondent No.1 : AGp FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for thr: Rr :spondent No.2: Smt. M. BHAGYASRI, Counsel for the Re;pondent No.3: - The Court made thr following: ORDER SC FOR MUNICIPALITY 4 HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION N0.6099 0F 2025 ORAL ORDER: Heard learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development for respondent No' 1 ald Smt.M.Bharyasri, learned Standing Counsel for respondent No.2.

2. The petitioner is a resident of House bearing No'6 2-55, Plot No.C-9, Sun City, Bandlaguda Jagrr, Kismatpur' Respondent No.3 is making construction rn'ithout leaving set backs in deviation to the buiiding permit order dated 02.O5.2024. It is unauthorised construction' The said construction is abutting to the aforesaid house of the petitioner. Therefore, she has submitted a representation dated 08.10.2024 to respondent No'2 with a request to take action against respondent No'3' Despite receiving arrd acknowledging the said representation, respondent No'2 did not act upon the sarne. Aggrieved by the said inaction of respondent No.2, the petitioner frled the present writ petition' I 2

3. Wht:r-:,,,,, S*t.M.Bharyasri, resDcnri.ni No ? on learned Star_r ciin,rl Counsel lnstructions, would suirmit that has already considered the rellre,sentation submitted by the petitioner an d rssued responderLt \i.2 dated 08. 10 .t024 show-6s,.15s -otice respondenl \o 3 Respondenr l o,! strictly in a:,lr r,Jance Telalgana .t4 Lt. I rcipalit and responder r: No.3 opportunity rl- I ,..arlng with a request will take action

16.10.2024 and 28. . 0.2O24 to to stop the co rs,:ruction. against responde..rt No.3, with the procedure Iaid clora.rr urrder the ies Act, 2Ol9 by putting the pr,titioner on notice and affording th,:m an 4 In the I Fh rr:sip(,ndent of the said submission, notice to No.3 is disp,-';15cd u,ith. This Writ petition ls dis;r61:gcl 61 directing resl)()i rlent No.2 to take further respondent .iV,r .3

16.10.2024 arc dated 0g. 1O.20.,. accordalce \,\. tii Telangarra Mrrnir:i1 ralities Act, 2019 respondent lo.3 on notice action al,lainst Dursuant to the show_cause noticr_. ,latecl 18 1O.2O24 and consider the reoresentrrtion the petitioner, stl:tl ir in Iaid down uncle r the by putting the petrtir,ner and affording them al submitted by Procedure I I l J I l t{*.r .' /,. 3 opportunity of hearing. However, he shall complete the said exercise within four (4) weeks from the date of receipt of a copy of this order. In the circumstances of the case, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPY// SD/- P.Ch. NAGABHUSHAMBA AS ISTANT REGISTRAR / SECTION OFFTCER To, n

1. The PrinciPal Secretary, Municipal Administratio a d urb Secreta at, T.S.,Hyderabad 2. The Commissioner, Bandlag uda Jagir MuniciPal Corporation MuniciPalitY/ lVunicipal Corporation, Gandip et M Mandal, Rang a Reddy Dist. 3. One CC to SRI. SYED MOUN IS JAFER ABIDI ,Advocate [OPUC] 4. Two CCs to GP DEVELOPNTENT 5. One CC to Smt. 6. Two CD CoPies FOR IV1UNICIPAL ADI\4INISTRATION AND URBAN ,Hig h Court for the State of Telangana, at HYderabad [OU! tM. B HAGYASRI, SC [OPUC] an development, BIV GJP \w , B 6 d r ( HIGH COURT DATED:2810212025 ORDER WP.No.6099 of 2025 t- S:-r j\ t"i 2 I r,tH 2[ l5 9 b q J jJr t) \ I. Ur, \-'n. -<- DISPOSING ()F THE WRIT PETITION WITHOUT C(}STS -t .,r,{* 'k^@