High Court · 2025

1. The State of Telangana, Represented By lts Principal Secretary (MAUD), , Telangana Secretariat Building, Hyderatiad-500022. 2. Greater Hyderagld MunicipalCorioration (GHMC), Represented by its Commissioner, CC Complex, Tank Bund Road, Hyderabad- 500065 3. The Zonal Commissioner, GHMC, Central Zone, Khairtabad, Hyderabad - 4. The.Deputy Commissioner, GHMC, Circle-18, Jubliee Hills, Khairtabad Zone, 5. The Assistant City Planner, GHMC, Circte-18, Jubliee Hills, Khairtabad Zone, 6. Smt. Amulya Re{dy Chennuru, W/o. Sri. Satish polamreddi , aged about 4g yggqs,.-Oy1er o_{ Plol No.'1014-C, Road No.51, Jubilee Hilts, Hyderabad- 500033. R/o. Villa No.23, Aparna Orchids, Hitex Road, Kondailur, Hyderabad, Telangana 5ooo81 Khairtabad, Hyderabad -500004. Khairtabad, Hyderabad -500004. ...REspoNDENTs Petition under Article 226 ot the Constitution of lndia prayinE that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction, more particularly one !1 the nature of writ of Mandamus declaring the inaction of the Respondents more particularly Respondents No.2 to 5 herein in removing the illegally unauthorizedly constructed structure and stopping the commercial usage of the build ing/structu re in Plot No.1014-C, Road No.S1, Jubilee Hitls, Hyderabad- b00033, being carried out by the Respondent No.6 in blatant violation of the provisions of the GHMC Act and its allied Rules and regulations, despite the petitioner making specific multiple written representations daled 3011212024 and 0710112025, all addressed to the official Respondents herein as illegal, arbitrary and in violation of Article 14 :i and 21 0f the c.nstitution of rndia and in vioration of the GHMC Act, .1g55, relevant Zoning and Deveropment promotion Regurations and rs-bpASS Act, 2020, and consequenry direct the Respondents No. 2 to 5 herein to remove the illega'y unauthcrr zedry constructed strudure and stop the commerciar usage of the buirding in prot No.10'14-C, Road No.S1, Jubiree Hirs, Hyderabad- 500033, being carried by the Respondent No.6. IA NO: 10F 2025 Petition uncer section 151 CPc praying that in the circurnstances stated in the affidavit firecr in support of the petition, the High court nray be preased to direct the Respondent No-2 to 5 :herein to stop any, further iregar modifications/cor struction as we, as the commerciar u$age of the build ing/structu re in prot No.1014-c, Road No.51, Jubiree Hirs, Hyderabad- 500033' by the R'|-'spondent No.6 pending disposar of the above writ petition. Counsel for the petitioner: SRt K.AROAH Counset for the Resoondent No.1: Op fdn MCPL ADMN & URBAN DEV counset for the Respondenr Nos.2 To siiCiMi;# ARUN KUMAR, sc FoR Counsel for the Respondent No.6: - The Court made the foltowing: ORDER r GHMC THE HONOURABLE SRI JUSTICE K. LAKSHIUAN WRIT PETITION No.6352 OF 2o25 ORDER: Heard Sri K.Aroah, learned counsel for the petitioner and Sri Midde Arun Kumar, learned Stqnding Counsel appearing for respondent Nos.2 to 5.

2. Petitioner is resident of Plot No. 1039, Road No.5l, Jubilee Hills, Hyderabad. 6n respondent is his neighbour. 6th respondent is making construction illegally without obtaining permission from Greater Hyderabad Municipal Corporation (GHMC), using the said premises for commercial purpose. The same is unauthorized construction. Therefore, petitioner has submitted a representation dated 30.12.2024 to the 2"d respondent with a request to take action against the 6th respondent. Despite receiving and acknowledgement the said representation, 2"d respondent did not act upon the same. Aggrieved by the said inaction of 2'd respondent, petitioner has filed the present writ petition.

3. In the writ affidavit as well as in the representation dated 3O.12 .2024, petitioner specifically stated that 6th 2 respondent completed construction in the year 20 16 .itself and she is using the subject premises for. commercial ptrrposes. Even then, petitioner did not submit representation immediately :n the year 2OL6 and on completion of construction, it appears he has submitted represe ntation. Perusal of photographs liled by the petitioner wou lcl reveal that the construction was completed and the same is used for commercial purposes. Even then, petitioner is sleeping over. The bona fides of petitioner are highly doubtful.

4. Whr:reas Sri Midde Arun Kumar, learned Standing Counsel appearing for respondent Nos.2 to 5, on instructions, would submit that 6th respondent has already filed a :stit uide O.S.No.313 o1'2018 against GHMC seeking perpetual injunction and interim injunction was granted in 1_he said suit. A tenant of the subject propert5r has a_lso Iilerf a suit ulde O.S.No. 1BO9 of 2Ot9 against GHMC for perpetual injunction. There is an interim injunction. Therefore, respondent No:;.2 to 5 are not in a position to take action against the 6th respondent. On instructions, learned Standing Counsel would further submit that 6*, respondent proceeded with the construction without obtaining permission 3 from GHMC. The entire construction is unauthorized. 6th respondent is using the said propert5r for cOrnmercial purposes. However, respondent Nos.2 to 5 will take action against 6th respondent on disposal of the interlocutory application filed by 6ft respondent in O.S.No.313 of 2018.

5. The aforestated facts would reveal that the construction made by 6th respondent is unauthorized and it is without obtaining permission from GHMC. Therefore, the injunction order granted in O.S.No.313 of 2018 is contrary to the guideiines issued by a Division Bench of combined High Court of Andhra Pradesh at Hyderabad 1n Municipal Corporation of Hyderabad, Hyderabad v. Philomena Education Foundation of Indial, as well as the High Court's Circulars dated 2O.O2.2O 17 in ROC. No. 7 / Reg.Judl / 20 17 and dated 08. 1 1.2023 in ROC.No. 14/Reg.Judl./2023. Therefore, 4m respondent shall bring the said facts to the notice of the learned Judge in O.S.No.313 of 2Ol8 includir( the unauthorized construction made by 6m respondent and the learned Judge shall consider the said guidelines issued by a Division Bench of combined High Court of Andhra Pradesh at r. zoos 1r1 ALT 670 (DB) 4 Hyderabad in Municipal Corporation of Hyderabad, Hyderabad v. Philomena Education Foundation of. Indiaz, as well as th.e High Court's Circulars dated 20.02.2017 in ROC.No.7/Re,g.Judl/2Ol7 and dated 08.11.2cri13 in ROC.No.i4/Reg.hdl.12023 and dispose of the interlocutory application fi1e,1 by 6ft respondent in O.S.No.313 of !1018, as expeditiously,as possible.

6. In t he iight of the same, this Writ Pel.ition is disposed of granting liberty to the petitioner to take steps to implead himsell in O.S.No.313 of 2018 and file an application under Order )C(XX Rule 4 of Code of Civil procedurt:, 1908. 4ft respondent shali file an application seeking advancement of hearing of thc said interlocutory application. 4th respondent shall inspect the subject property and if the allegatior:i-.i made by the petitior:Ler are found to be correct, he shall subrnit the said facts in O.S.Nos.3O3 of 2Ol8 and 18O9 oI 2019. Thereafter he shal1 take action against 6tn respondent in accordance u,ith the procedure laid down under Cireater Hyderabad Municipal Corporation Act, 1955 by puttirrg the petitioner and 6rh respondent on notice ald affording them an '. zoos 1t1 ALT 670 (.)B) i l l l 5 opportunity of hearing. However, he shall complete the said action within a period of three (03) months from the date of receipt of a copy of this order.

7. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand //TRUE COPY// SD/.MOHD. ISMAIL NT REGISTRAR ASSt I CTION OFFICER ' The Principal Secretary-(MAUD), Teiangana Secretariat Building, Hyderabad, State of Telang ana -500022. Commissioner, Greater Hyderabad Municipal Corporation (GHMC), CC Complex, Tank Bund Road, Hyderabad- 500063 The^Zrcnal Commissioner, GHt\rc, Central Zone, Khairtabad, Hyderabad - 500004 The.Deputy Commissioner, GHMC, Circle-l8, Jubliee Hills, Khairtaba d Zone, Khairtabad, Hyderabad -500004. The Assistant City Planner, GHMC, Circle-18, Jubliee Hills, Khairtabad Zone, Khairtabad, Hyderabad -500004. 9ne QQ to SRI K.AROAH, Advocate IOPUCI Two CCs to GP FOR MCPL ADMN &URBAN DEV, High Court for the State of Telangana, at Hyderabad. [OUT] One CC to SRI MIDDE ARUN-KUMAR, SC FOR GHMC IOPUC] Two CD Copies To' 1.

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8. 9. PSK. BS w , -t r4E S I.q r4. I / flAB ?025 o t ,,i: illt€ HIGH COURT DATED:0410312025 ORDER WP.No.6352 of 2025 DISPOSING OF THE WRIT PCTITIOru WITHOUT COSTS \ $