High Court · 2025

The State of Telangana, Represented by its Principal Secretary, t\rlunicipal Administration and Urban Development, Secretariat, Hfdbrabad fh" Greater Hyderabad Municipal Corporation, Represented by its Commissioner, Tank Bund Road, Lower Tank Bund, Hyderbbad The Deputy Commissioner, Malkajgiri Circle, Circle-28, GHMC The Deputy Director, UB (Parks), Urban Bio Diversity Wing, North Zone, GHMC K. Tulasi Kumari, D/o K. Sridhar Rao, Age. Major, Occ. Software Engineer, !,/g H No,30-2651251105, Venkateswara Nagar Cotony, Sainatha[uram, Malkajgiri, Hyderabad - 500 062 M. Padmalatha, W/o M. Surya Rao, Retd. Military Captain, Age. tvlajor, Occ. Housewife, Rl/o H.No.30-265/25l105/1, -Venkateswara Nagar'Cotony, Sainathapuram, Malkajgiri, Hyderabad - 500 062 D. Satyanarayana Murthy, Sio Not known to Petitioners, Age. Major, Occ. Professor, llT - Bombay, R/o H.No.30-2 65125110513, Venkateswarb Nagar Colony, Sainathapuram, Malkajgiri, Hyderabad - 500 062 ...RESpONDEN;S 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 lo issue a Writ or an order or a direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the inaction of the respondent municipal authorities in not taking any fu(her action pursuant to their Notices dated 25-10-2023 under Section 402 of H.M.C. Act, 1955 issued to Respondent Nos.5 to 7 and also Petitioners' representations for removal of the plants and trees which are situated along the compound wall encroaching the common passage in the single compound wherein petitioners, house and houses of Respondent Nos.5 to 7 are sit uated in a single row as illelyal, arbitrary and in violation of Artrcles i4,21 an d 30OA of the Constitution ol lndia, 1950 and consequenfly direct the respond ent municipal authorities to remove lhe trees and plants which are encroaching th e common passage situated along the compound wall of the houses of petrtioners 'and Respondent Nos.5 to 7 in single compound from H.No.30-265/25l105 to 105/3 at Venkateshwar: Nagar Colony, Sainathapuram, tVlalkajgiri, Hyde lA NO: 1 oF 2025 rabad - 500 062 Petition under section r 51 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court rray be preased to direct the respondent municipar authorities to remove the treer; and prants which are encroaching the common passage situated arong the conrpound wa, of the houses of petitioners' and Respondent Nos.s to 7 in single compound from H'No 30-265/25l'105 to 105/3 at Venkateshwara Nagar coron,r, Sainathapuram, Malkajgiri, Hvderabad - 500 062, pending disposar of the main v/rit petition Counset for the petitioner: SRl. NySHADHAM CHANDRA SEKHAR Counsel for the Respondent No.1 : Gp FOR MUNIC|PAL ADMINISTRATION cou nser ror the Res ponde nt lJ ?,:i,"#::,Yib?tt [BI^, ;. r;", FoR GHMC Counsel for the Respondent Nos. stoT: The Court made the following: ORDER " l i i THE HON'BLf, SRI JUSTICE K. LAKSHMAN WRIT PETITION No. 6736 of 2025 ORDER: Heard learned counsel for petitioncrs and Sri G. Madhusudhan Reddy, learned Standing Counsel tbr Greater Hyderabad Municipal Corporation appearing lbr respondent Nos.2 to 4

2. Petitioners are joint owners and possessors of house bcaring No.30-265/251105/2 situated at Venkateshwara Nagar Colony, Sainathapuram, Malkajgiri, Hyderabad. The houses of petitioners and respondent Nos.5 to 7 are in single row and in single compound. There is only one entrance and exit. Builder planted certain plants for green space. While the matter stood thus, tide noticc dated 25.10.2023 issued under Section 402 of Greater Hyderabad Municipal Corporation Act, 1955 (for short 'thc Act'), 3'd respondent directed petitioners and respondent Nos.5 to 7 to remove lvacate the encroachment of comlnon passage which is causing inconvenience to the neighbours within seven (7) days 2 KL..J w P.No 6736 oi 2025

3. According to petitioncrs, 5'l' respondent constructed a small portion/room in the cotnmon passage ccnsisting o1'20 feet. Howcver, pursuatlt to the albresaid notice dated

25.10.2023. GHMC authorities caused ilspection and demolished the basement wall covering the trees and plants which are encroaching into the common passa'ge. Theretbre, 5'h respondent has filed a Writ Petition vidc \\'.P'No.63 l8 of 2024 against GHMC to declare the action of Deputy Commissioner, Malkajgiri Circte, in dismantling the basement of 18" in the premises bearing No.30-265/25lt05 situated at Venkateshwara Nagar, Sainathpuram, Malkajgiri, Hyderabad, invoking Section 402 ol' the Act and not considering the representation dated 07.02.2024 submitted b1' her as illegal' She also sought a consequential direction to GHMC authorities to restore the damaged basement meant for plants/crotons etc' Vide order dated 12.03.2024, this Court dispor;ed of the said Writ Petition directing GHMC authorities to consider the representation dated 07.02.2024 submitted by 5'h respondent and cotntnunicate a copy of his decision to 5th respondent, 3 I'L J w P No 6736 04 2())S within two (2) weeks from the date of receipt of copy of the said order.

4. It is the specific contention ofpetitioners that they have removed their encroachment pursuant to notice dated

25.10.2023 whereas respondent Nos.5 to 7 are not removing their cncroachment rvhich is causing obstruction and inconvenience to petitioners. In proof of the same, petitioners have filed photographs. Therefore, they have submitted representations dated 22.03.2024 and 24.12.2024 to respondent Nos.3 and 4 respectively. Despite receiving and acknowlcdging the said representations, respondent Nos.3 and 4 did not act upon the same. Challenging the said inaction of respondent Nos.3 and 4, petitioners have filed the present Writ Petition

5. Leamed Standing Counsel appearing for respondent Nos.2 to 4, produced written instructions of Assistant City Planner, Circle 28, wherein it is stated that staff of GHMC have removed thc basement and side walls which were constructed encroaching the common passage. They have not 4 KL, J w P No 6736 or 2025 '- .1 removed any plants and trees fiom the cornmon passage. However, trees can only be removed by Horticulture/Forest Department and tl're same has been infbrmed tr petitioners. A copy of thc said written instructions is placed on record

6. Perusal ofthe photographs would reveal lhat there are no trees and. there are only plants and crotons. Therefore, respondent Nos.3 and 4 have to coordinate witl, each other and rernove the same strictly in accordancc with tht: procedure laid down under the Act

7. In the light of the above, noticc to respondent Nos.5 to 7 is dispensed with.

8. Accordingly, this Writ Petition is disposed of directing respondent Nos.3 and 4 to coordinate with each other, consider the representations dated 22.03.2024 and 24.12.2024 submitted by petitioners and take further action against respondent Nos.5 to 7 pursuant to the notice dried 25.10.2023 issued by 3'd respondent undcr Section 402 of the Act, strictly in accordance with the procedure laid down under the Act. However, they shall cornplete the said exercisc within a period , / 5 KL,.J W P.No O73O of 2025 of four (4) weeks from the date of receipt of copy of this order There shall be no order as to oosts. Miscellaneous applications, if any pending, shall stand closed //TRUE COPY// SD/-V.KAVlTHA ASSISTANT REGISTRAR ECTION O FFICER To, I I 1 . The PrinciPal Secretary, tvlunicipal Administration an T.S.,HYderabad Secretariat, issioner, Greater 2. The Comm Road, Lowe r Tank Bund, HYd erabad The DePutY C The DePUtY Director, UB (Parks), Urban Bio DiversitY Wing, No rth Zone, ommissioner, Malkaig iri Circle, Circle-28, GHMC Hyderabad Municipal Corporation' Tank Bund rban DeveloPment, ?, 4 eF,lilEs*":qt-PIip,Kturlil',ffi :1ffiq#ip:q[g3'[::p*r "bi:Widdi,rqr.rr.H1o.13fi 7. One CC to SRl. G [/At B. Two CD CoPies tjl86lli*'FL"r"JI:Lt?b'nei-ir'icloFuci BIV GJP I HIGH COURT DATED:05103,12025 t .t Y\E ST A7€ oA \( c o ir 0 llAY 2025 ('( a C !l i. t )55 p4.i13ts ORDER WP.No.6736 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS o$w6