✦ High Court of India · 28 Apr 2025

High Court · 2025

Case Details High Court of India · 28 Apr 2025
Court
High Court of India
Decided
28 Apr 2025
Bench
Not available
Length
1,135 words

...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 a Writ or Direction or an Order more particularly one in the nature of wRlT oF MANDAMUS to declare the action of the respondents in allowing the illegal and authorized construction at Plot No 16 admeasuring 83 sq yards, in Sy.No.5'l and 52 situated at Guttala Begumpet Village, Serilingampally Mandal, Ranga Reddy Distnct without considering the representation Dt. 08-04-2025 as illegal, arbitrary, unconstitutional, violative of principles of natural justice and violative of Article 14. 21 and 300-4 of the Constitution of lndia and consequently direct the respondents to consider the representations of the petitioner dt. 08-04- 2025 and take appropriate action against the illegal and authorized construction in accorda nce with law lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit frled in support of the petition, the High Court may be pleased to consider the representation of the petitioners dated 0B-04-2025 to stop the illegal and unauthorized construction being carried at Plot No.'16 admeasuring 83 sq.yards, in Sy. No 5'l BG 52 situated at Guttala Begumpet Village, Serilingampally Mandal, Ranga Reddy District. pending disposal of the main writ petition Counsel for the Petitioner: SRl. PULIMAMIDI SHASHIDHAR REDDY Counsel forthe Respondent No. 1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No. 2 to 4: SRI G.MADHUSUDHAN REDDY, SC for GHMC Counsel for the Respondent NO.5: ---- The Court made the following: ORDER s-tt: HON'BLE SRI JUSTICE K. LAKSHMAN MIT PETITION No.1271O of 2025 ORDER: Heard Sri Pulimamidi Shashidhar Reddy, learned counsel for the petitioner and Sri G. Madhusudhan Reddy, learned standing counsel appearing for respondent No.2. Perused the record.

2. According to the petitioner she is absolute owner and possessor of Flat No.G-2, D.No.I-89 lAl16/G-2, Namitha's Nest, Guttala Begumpet Village, Serilingampally Mandal, Ranga Reddy District on the strength of the registered sa-le deed bearing document No.6096/2O22 dated 13.04.2022 executed by one Ms. Bhar,ya. Proposed respondent i.e., Ms. Guduru Jeevith Reddy, was the absolute owner of the total land admeasuring is 400 square yards. He has given land admeasuring 317 squa.re yards for development out of 4OO square yards. Proposed respondent has relinquished 83 square yards in favour of Greater Hyderabad 2 KL,J W.P No l27lO of2025 'il Municipal Corporation while obtaining the permission for construction. Builder has constructed the entire building. Now the proposed respondent 1S making construction in the said 83 square yards of land without obtaining permission from GHMC, contra-ry to the relinquishment deed executed by him in favour of Greater Hyderabad Municipal Corporation. The sarne is unauthorized construction.

3. According to the petitioner, even in tLre year 2022 proposed respondent made an attempt for construction in the said 83 square yards. On the oral information, the Greater Hyderabad Municipal Corporation, stopped the said construction. Now he is again proceeding with the construction in the said 83 square yards of land. Therefore, petitioner has submitted a representation dated 08.04.2025 to the 3.d respondent witl a request to take action against proposed respondent. Despite receiving and acknowledging the said representation, 3.d respondent did not act upon the same. Aggrieved by the I \ l I i i I I I I i I l I I KL,J w.P.No 1271O of 2025 J said in action of 3'd respondent, petitioner fiIed the present writ petition. I

4. Whereas, Sri G. Madhusudhan Reddy, learned standing counsel appearing for respondent No.2 has produced the written instructions of 3.d respondent wherein it stated that on receipt of the said representation, 3.d respondent has already inspected the site, found that subject site is open space approved layout part of Sy.Nos.Sl and 52 of Gutta-Ia Begumpet Village, Serilingampally Mandal, Ranga Reddy District

3.d respondent has already stopped the work and informed the owner and occupier not to commence any work in the open space of the approved layout which is the vested property of Greater Hyderabad Municipal \ t Corporation. He has enclosed the photographs along with written instructions. The same are placed on record. 4 XL,,J w.P.No 12710 oi 202s a

5. In the light of the said submission, this writ petition is disposed of directing 3.d respondent to take action against the proposed respondent strictly in accordance with iaw by purting the petitioner and proposed respondent on notice and affording them an opportunity of hearing and a,lso consider the representation d.ated 08.04.2025 submitted by the petitioner strictly in accordance with law within one month from the date of receipt of copy of this order.

6. With the a_foresaid directions, this writ petition is disposed of. There shall be no order as to costs

7. As a sequel, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPY// SD/-P. PONNA KRISHNA ASSISTANT REGISTRAR ,i i\\\ r \ \ - \-- -sEcrror'r oFFlcER i ,.] The Principal Secretary. trrlunicipal Adminstration and Urban Development nuinority decretariat. State of Telangana HVdgrab.a{. The Commissioner, Lower f,nk A';A' Hyderabad' The Greater Hyderabad Municipal Corporation in" o"prtV Commissioner, Greater Hyderabad Municipal Corporation' Serihgnampally. Circle No 20, Hyderabad ih" io*n i'trnning offrcer' Greater Hyderabad Municipal Corporation' Serilignampally, Circle No.20, Hyderabad' o;" 6C to'sRi PULltuAIVlDl'sliASHlDHAR REDDY Advocate [oPUc] Two ccs to Gp FOR rvrcpi nbrr/|r.r uRBAN DEV, High court for the state of Telangana. [OUT] o,l" ct to SRI G'lr/ADHUSUDHAN REDDY sc FoR GHMc [oPUc] Two CD CoPies To, 1 2 3 4 b W 7 8 KKS HIGH COURT DATED: 2810412025 ORDER WP.No.12710 of 2025 ( o{{ T rtE tl ;.. /(. l (J ,5 ,+ 1 0 luru zoz5 06 sl]4l (' \ i ,I (, { DISPOSING OF THE WRIT PETITION WITHOUT COSTS D-rts \6 \f b

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