The High Court · 2025
Case Details
Secretary Sri G. Chandra Sekhara Rao S/o Sri G.V.Seshaiah,
2. Sri. G. Chandra Sekhara Rao, S/o Sri G.V. Seshaiah aged 54 years Occ Business R/o Flat No.UTOPIA 4-706, CASA PARADISO, Sanathnagar, Hyderabad. .....PETITIONERS AND 1 . Government of Telangana, MA and UD Department Rep By its Principal Secretary Secretariat, Hyderabad.
2. Greater Hyderabad lvlunicipal Corporation, rep by its Commissioner, BRKR Bhavan, Hyderabad.
3. The Assistant City Planner, Greater Hyderabad Municipal Corporation, Circle No.X, Hyderabad.
4. Lodha Healthy Constructions & Developers Pvt.Ltd., Rep By its Managing Directors - Abhinandan Lodha, Abhisheck Lodha and Umesh Chandra Lunker. Lodha Excelus, Apollo Mills Compound, N.M.JoshiMarg, f\4ahalaxmi, Mumbai - 400 0'1 1.
5. SanathNagar Enterprises Ltd., Rep By its Managing Directors - Abhinandan Lodha, Abhisheck Lodha and Umesh Chandra Lunker. Address East Block, Eden Square, Kukatpally Village, Hyderabad 500 072. ,....RESPONDENTS 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 to issue Writ, Order, or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 3 in not discharging their statutory duties by initiating action against the illegal construction undertaken by the respondent No. 4 and 5 in Block E of the petilioners apartment CASA PARADISO bearing H.No. 7-2-'1669, admeasuring B acres in survey No. 59 ( part), '1848'1 Sq.yds in survey no. 44, 45, 55 and 59 (part) and 2581 sq.yds in Survey nos. 44, 45, 54, 55, 56/1(Part) and 59 (part), situated at Fatehnagar Railway Station, Hyderabad and not demolishing the same in exercise of their statutory duties as illegal, arbitrary, and unconstitutional apart from being contrary to the provisions of Hyderabad Municipal Corporation Act, '1955 and consequently direct the respondents 2 to 3 to demolish the said illegal construction in the said property and further direct the sth respondenl to proceed with the construction as per the sanction plan after providing the sufficient car parking space as per the building rules. |.A.NO:1 OF 2014 (WPMP. NO: 33877 O F 20141 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 pleased to direct the 4th & 5th respondent not to make any further construction in Block'E'of the property bearing H.No.7-2-1669, admeasuring B acres in survey No.59( part), 18481 Sq.yds in survey no. 44, 45, 55 & 59 (part) and 2581 sq.yds in Survey nos. 44,45,54,55, 56/1(Part) & 59 (part), situated at Fatehnagar Railway Station, Hyderabad pending the disposal of the writ petition. |.A.NO:2 OF 2014 (WPMP. NO: 33878 OF 2014) 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 pleased to direct the 4th & sth respondent to not to sell or alienate or create any third party rights in respect of the flats in Block 'E'of the property bearing H.No.7-2-1669, admeasuring B acres in survey No.59( part), 1848'l Sq.yds in survey no. 44,45, 55 & 59 (part) and 2581 sq.yds in Survey nos. 44, 45, 54, 55, 56/1(P art) & 59 (part), situated at Fatehnagar Railway Station, Hyderabad which are depicted as LIG and EWS (econon ically weaker section persons) pending the disposal of the writ petition. Counsel for the Petitioners : SRI V.M.M.CHARY Counsel for the Respondent No.1 : GP FOR MCPL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No.2 : SRI SAMPATH PRABHAKAR REDDY Counsel for the Respondent No.3 : SRI M.ARUN KUMAR, SC FOR GHMC Counsel for the Respondent Nos.4 & 5 : SRI C.TULASI KRISHNA The Court made the following ORDER THE HON'IILT, SRI .IUSTIC!], LAXMI NARAYANA ALISHETTY WRIT PE'[ITION No.27093 of 2014 ORDEII.: This writ petition is filed seeking following relief: " lit declqre !he action of the respondent.s 2 to 3 in not discharging their .\tetutor.v duties h.v initiating uction against the illegal construction undertaken hy tha respondent No.4 and 5 tu Block-E of the petitioners apartment CASA P.4RADISO beuring I{.No.721669 admeasuring 8 acres in xrrvcy N<t.59 part 18481 Sq.yds in sumey no.44, 45, 55 and 59 purt and 2581 sq..vds in Survey nos.14, 45, 54, 55, 56/lPart and 59 part situoted at f-atahnugur Railwuy Sxttion, Hyderabad u d nol demolishing the sumc in excrcisc of their stdtutory duties as illegul arbitrary qnd u constitutiorutl apart from being conlrary lo the provisions of Hyderahad Municipal Corporation Act 1955 and consequentlt direct the respondents 2 lo 3 to clemolish the said illegal construction in thc said pntperty and further direcl the 5th respondent to proceed v,,ith the utnstntctiotr as per tlv stnction plan aftcr providinz thc suffcient cur parking space a)- par the building rules "
2. Sri M.Arun Kumar, learned Standing counsel for GHMC is present. 1 No representation on behalf of the petitioners despite listing the matter under the caption "For Dismissal". It appears that petitioners have no interest to pursue the matter.
4. Accordingly, this Writ Petition is dismissed for non-prosecution. No order as to costs. Miscellaneous petitions, if any pending, shall stands closed. \ S D/. K.BHAVANI SWAMY SISTANT REGISTRAR //TRUE COPY' To
1. Two CCs to G P FOR IVICPL ADMN AND UR Court for the State of Telang ana at Hyderaba 2. ONE CC tO SRI V.M.M.CHARY, Advocate IOP A SECTION OFFICER \ DEVELOPMENT, High UT] -=::-.--r._+:-, -:*+-"*.-;5
3. 4. 5. t). One CC to SRI C.TULASI KRISHNA, Advocate IOPUC] One CC to SRI SAtt/PATH PRABHAKAR REDDY, Advocate IOPUCI One CC to SRI IVI.ARUN KU[/AR, SC FOR GHMC, Advocate (OPUC) Two CD Copies SA BSR Y+' \ ,r.it€ ) o() tl, \t?, * o2 - 2026 z * Prl-!- HIGH COURl' DATED:2310912025 ORDER WP.No.27093 of 2014 I I I I DISMISSING THE W.P FOR NON - PROSECUTION WITHOUT COSTS. q -a 699\oo Vr 6l-'t"