Mrs. Noor Jahan v. The State of Telangana

4. The Assistant City Planner, Circle no.6, GHMC, Malakpet, Hyderabad 5. Mr. Syed Waseem Ahmed Noman, S/o late Syed Yousuf Ahmed Naseem aged-about 44 years occpn Private Service Rl/o H.No. 22-3-9471E11 , Situated at Purani haveli, Hyderabad

6. Mrs. Syeda Sameena, D/o late Syed Yousuf.Ahmed Naseem aged about.56 years 6ccpn Household Fl/o H.No. 22-3-9471E11, Situated at Purani haveli, Hyderabad ...RESPONDENTS 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 a Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the in action of the respondents no. 3 and 4 in not taking action against the illegal construction being carried out by the Respondent no. 5 and 6 in premises bearing No. H.no. 22'3-9471E11 ,22-3-9471E12 lnside Purani Haveli, Hyderabad, as illegal, arbitrary, capricious and in violation of the principles of natural justice and consequently direct the Respondent no.2 to 4 to remove the illegal construction already carried on by the Respondent no. 5 and 6 in the said premises and further stop the respondent no. 5 and 6 from carrying on construction in the said premises A NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in srlpport of the petition, the High court may be pleased to direct the Respondent No. 2 to 6 to stop any further cdhstruction rn the premises bearing No. H.no. 22-3-9471E11,22-3-9471E12 lnside Purani haveli, Hyderabad, pending disposal of the writ Pr:tition Counsel for the Petitioner: SRl. AADESH VARMA Coun5el forthe Respondent No.1: GP FOR MCPLADMN URBAN DEV Counsel for the Respondent Nos.2 to 4: SRI RAPARTHI VENKATESH SC FOR Greater Hyderabad Municipal Corporation Counsel forthe Respondent Nos.5&6: -- The Court made the following: ORDER /, / HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PEfITION No.6561 of 2o25 ORDER: Heard Sri Adesh Verma, learned counsel for the petitioner and Sri Raparthi Venkatesh, learned standing counsel appearing for respondent Nos.2 to 4. Perused the record.

2. Petitioner is resident of H'No.22-3-947 12, Inside Purani Haveli, Hyderabad. Respondent Nos.S and 6 are her immediate neighbours. TheY are proceeding with construction of residential house consisting of Ground + 4 floors without obtaining prior permission from Greater Hyderabad Municipality Authorities. In proof of the same, she has liled photographs. Therefore, she has submitted a representation dated 12.02.2025 to respondent Nos.3 and 4 with a request to take action against respondent Nos.5 and 6. Despite receiving and acknowledging the said representation, respondent Nos'3 and 4 did not act upon the same. Aggrieved by the said KL,J W.l'.No.b56l ol2O25 2 in action of respondent Nos.3 and 4 petitioner filed the present wril- Petition.

3. Whereas, Sri Raparthi Venkatesh, learned standing counsel appearing for respondent Nos.2 to 4 has produced w'ritten instructions of Deputy Commissioner, Circle No.6. Malakpet, Charminar Zone, GHMC stating that on receipt of the said represenl,ation, Deputy Commissionier has already issued show' cause hotice dated 17.A2.2025 granting (07) days time to respondent Nos.S and 6 to submit explalation. They have not submitted explanation. Therefore, he has alreadl.passed speaking order dated 24.02.2025 directing respondent Nos.S and (i to remove the unauthorize<l cons truction within a pel'iod of 15 days from the date of receipt of notice. Thereafter, he has addressed a lette;: dated

27.02.2025 to Deputy Commissioner of police. South East Zone, Saidabad, Hyderabad to depute police personnel to watch and vigil the premises so as to avoid untoward incidents and breach of peace ald takt: action KL.J W.P.No 6s6l ol2025 l against the owners who continuing the illegal/unauthorized construction work. He will take further steps against respondent Nos.S and 6 strictly in accordance with the procedure laid down under the Greater Hyderabad Municipal Corporation Act, 1955. The said written instructions, photo copies of show cause ( ( notice, speaking order, letter dated 27.O2.2O25 and photographs are placed on record

4. In the light of the said submissions notice to respondent Ncjs.5 and 6 is dispensed with.

5. In the light of foregoing discussion, this writ petition is disposed of directing the Deputy Commissioner, Circle No.6, Malakpet, GHMC to take further action against respondent Nos.S and 6 pursuant to speaking order dated 24.O2.2025 strictly in accordance with the procedure laid down under the Greater Hyderabad Municipa-l Corporation, 1955 within a period of (Oa) Ii KL.J W P No 6561 ot 2025 4 weeks from the date of receipt of copy of this orderr. There shall be no order as to costs.

6. As a sequel, miscellaneous petitions, if any, pending in the Writ f,etition shall stand closed. //TRUE COPY// SD/. T. CHANDRA SEKHAR REDDY TANT REGISTRAR ASSI S \ ECTION OFFICER 1 . The Principal Siecretary (Municipal Administration),Government of Telangana, Secretariat Hyderabad

2. Ihq Commissioner, Greater Hyderabad Municipal Corporation, Tankbund, Hyderabad.

3. The Zonal Commissioner South Zone, GHMC, Malakpet , Circler no.6, Hyderabad \ o

4. The Assistant City Planner, Circle no.6, GHMC, Malakpet , Hyderabad 5. One CC to SRl. AADESH VARMA Advocate tOpUCl 6. One CC to SRI RAPARTHI VENKATESH SC FOR Greater Hyderabad Municipal Corporation [OPUC]

7. Two CCs to GP FOR MCPL ADMN URBAN DEV ,High Court for the State of Telangana. [OLJT] B. Two CD Copies; KKS 6 / , CC TODAY 2<-=== ta -.. s1a I€ ? t q J !) 19 \'\[t rs6 + Di:--i l \l€, tc! HIGH COURT DATED:0 510312025 ORDER WP.No.6561 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \