✦ High Court of India · 24 Apr 2025

High Court · 2025

Case Details High Court of India · 24 Apr 2025
Court
High Court of India
Decided
24 Apr 2025
Length
1,011 words

...RESPONDENTS Petition unoer Rrticte 226 ot rheconstitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or Direction more particurarry, one in the nature of writ of Mandamus decraring the action of the Respondent Nos. 2 and 3 in not initiating to take fu(her action upon the speaking order passed vide proceeding No. UC6551/TPS/c-29lsBzGHMct2o2s dated 18.03.2025 by acting upon it as illegal, arbitrary and unconstitutional and consequenfly direct the Respondent Nos. 2 and 3 to take further action upon the speaking order passed vide proceeding No. UC6551/TPS/C-29ISBZ/GHMCt2O25 dated 18.O}.ZO2S by acting upon it. lA NO: 1 OF 2025 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 Respondent Nos. 2 and 3 to consider the petitioners reoresentations dated 15.o4.2o25 and take necessary action by acting upon it pending disposar of the above writ petition. Counsel for the Petitioners: M/s MUKKERA SAHITHI SRI KAVYA Counsel for the Respondent No.1: Gp FOR MCPL ADMN a Uninru OeV counsel for the Respondent Nos.2 To 4: SRr G.MADUSUDHAN REDDY, sc FoR cHMc The Court made the following: ORDER THE TIONOT]RABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.12381 OF 2025 OR-DER: (ORAL) This writ petition is filed by the petitioners seeking the following reliet "... to issue a Writ Order or Direction more particularly onc in the nature of Writ of Mandamus declaring the action of the Respondent Nos.2 and 3 in not initiating to take lurther action upon the speaking order passed vide proceeding No.UC65 5 I /TP S / C -29 I SBZ I GHMC I 2025 dated I 8.0 3. 202 5 by acting upon it as illegal arbitrary and unconstitutional and consequently direct the Respondent Nos.2 and 3 to take further action upon the speaking order passed vide proceeding No.UC65 5 I /TP S / C -29 I SBZ/ GHMC I 202 5 dated 18.03.2025 by acting upon it and pass . . . "

2. Heard Ms. Sahithi Sri Kavya Mukkera, leamed counsel for the petitioners,'and Mr. G. Madusudhan Reddy, leamed standing counsel for GHMC, appearing for respondent Nos.2 to 4.

3. Leamgd standing counsel for GHMC appearing for respondent Nos.2 to 4 submitted that after receipt of complaint from Mr. K. Jagannatha Reddy and others, show-cause notice vide Notice No.UC 6551 /TPSIC-29 lSBZlGtIMCl2O25 dated 15.02.2025 2 was issued by respondent No.3 regarding the r.rnauthorized structures raised by respondent No.5. Therealter, speaking order in Notice No.UC655L1TPS1C-29/SBZIGHMC12025 dated

18.03.2025 was passed by respondent No.3. Challery;ing the said order, respondent No.5 filed a suit in O.S. No.128 of 2025 before the leamed XIX Additional Senior Civil Judge, City Civil Court, Secunderabad, (for shorl 'Trial Court'), and the Trial Court has granted ad-interim injunction order in I.A. No.380 of 2025 in O.S. No. 128 of 2025 infbvourofrespondentNo.5.

4. As innocuous relief is sought by the petitioner, notice to respondent No.5 is dispensed with and the writ petition is disposed of, directing GHMC authorities to file counter in I.A.. No.380 of 2025,if not filed so far, and the Trial Court is directe'd to dispose of l.A. No.38(\ ot 2025 in O.S. No.l28 of 2025 within a period of two (2) weeks frorn the date of receipt of a copy of this order. Further, petitioners are liberty to take steps to implead themselves in the said suit and seek vacation of the injunction order. Petitioners are also at liberty to avail appropriate legal remedies, subject to the outcome of the orders that may be pa.ssed in I.A. 3 No.380 of 2025 in O.S. No.128 of 2025. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed. //TRUE GOPY// SD/- P.CH.NAGABHUSHAMBA E UTY REGISTRA CTION OFFICER To 29, Secunderabad. Corporation, HYderabad. Secretariai Hvderabad, State of Telangana' l.ThePrincipalsecretaryMunicipa|AdministrationandUrbanDevelopment z in"'ciirrisdionei iinr eund Road, 6reater Hvderabad Municipal s. ih"'D"dty'co'mmissioner, Greater Hyderabad Municipal corporation circle- 4 ii'" 6;il idnner, Greater Hyderabad Municipal Corporation Secunderabad. ;. d;6d i"'ndi-ruiulkEnn SnHtrHt sRl KA'i/YA, Advocate [oPUC]. ^. . 6. i; cc"io cF Fon rr/|ccinovnt & URBAN DEV, High court for the State 7. on;-Cdi; sRic.rirnou-suoAnu neoov, sc FoR GHMC [oPUC] 8. Two CD CoPies of Telangana, at HYderabad. [OUTI PSK. HIGH COURT DATE D :24 10412025 ORDER WP.No.12381 of 2025 CC TODAY I ) (- ! \ Eti1 sl4 rs- d;\, 25APr zffi l .i - \\"-r".-1.r.,.: -.--::_ -::;="__, ' DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ )4

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