The High Court · 2025

Sri T.Srinivasa Rao, S/o: late T.Bhoomeswara Rao, , aged about 42 yearc, Occ: Teacher, Rl/o H.No.6-3- 159/13, Prem Nagar, Khairatabad, Hyderabad. ...PETITIONER ...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 an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the 1st respondent in initiating statutory proceedings against the 2nd respondent, who has been undertaking illegal, unauthorized constructions at the premises bearing Door No. 6-3-159/13, Prem Nagar, Khairatabad, Hyderabad and extreme encroachment on the road, as contemplated under the Greater Hyderabad Municipal Corporation Act, 1955, more partrcularly under Sections 452,461 and 636 of the Act as illegal, arbitrary and also in violatlon of Articles 14 and 21 of the Constitution of lndia and in violation of the GHMC Act, 'l 955 and consequently direct the 1st respondent to initiate statutory proceedings against the 2nd respondent and demolish the illegal, unauthorized conslructions and extreme encroachment on the road, undertaken at the above premises,. l.A. NO: 2 oF2013( WPMP. NO: 15292 0 F 2013) Petition under Section '1 5'1 cpc praying that in the ,) 1)umstances stated in the affidavit fired in support of the petition, the High court nr; y be preased to direct the respondents to demorish the ilegar, unauthorized cons r.rctions and extreme encroachment on the road, undertaken at the premrses be:;Lr ng Door No. 6_3_159/ 13, Prem Nagar, Khairatabad, Hyderabad, pending dispos.r rl writ petrtion. t.A NO: 1 OF 2013 WVMP . NO:2393 oF 2013) ( Between: Sri T.Srinivasa Rao, S/o latg ],Q fr9^o rleswa ra Rao, , a( ( c about 42 years, occ Teacher, R/o H No. o_s_rs.qll1, pre;ruja;, iG,;:, rabad, Hyderabad ...PETIT|ONER/f I :SPONDENT tN W.p, f91!a. Plem Rao, S/o: tate KNarsimhg,, qSeO about 5 ) years, R/o H No. 6_3_ 159i 14. Prem Nagar, Khairataoao, HyoeiJo-ao- 'ETITIONER IN W.P. The Greater Hvderabad lV,rnicrpal -Corporation,, Rep.b; s C,mmissroner g6 Speciat officer Havino irs Heai onicultrrrii.rp;r'c"",i,i :r Jank Bund Road, Hyderabad. ...RESPONDENIT 1 2 ...RESPONDENTS/R t SPONDNET IN W.P. Petition under Section 151 cpc praying that in the oi r umstances stated in the affidavit fired in support of the petition, the High corrt rnay be preased to vacate the interim order dated 24.04.2013 passed in wpl pNo 15292i20.r 3 rn WPNO 12382/2013 Counsel for the petitioner: SRI V. RAMESH KUMAR Counsel for the Respondent No.1: SRI MIDDE ARUN KUMI I Counsel for the Respondent No.2: SRt K. HARTSH KUMAR The Court made the following: ORDER (sc FoR GHMC) {.i THE HON'BLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION No.12382 of2O13 ORDER: This Writ Petition is filed seeking thc following relief "...to issue tn appropictte utrit, order or direction more particuLarLy one ;n the nature of utrit of mandomus declaing the inaction of tLe 1st respondent tn initiating stotutory proceedings against the 2nd respondent u.tho has been undertaking illegol unauthorized constructions at the premises bearing Door No.6-3-159/ 13, Prem Naga4 Khairatabad, Hgderabad and exlreme encroachment on the road as contemplated under the Greater Hgderabad Municipal Corporation Act, 1955, more partiatlarlg under Sections 452, 461 and 636 of the Act as illegal, arbitrary and also in uiolation of Articles 14 and 21 of the Constitution of Indio and in uiolation of the GHMC Act, 1955, and consequentlg direct the lst respondent to initiate statutory proceedings against the 2nd respondent and demolish tLLe illegal unauthorized constntctions and extreme encroachment on the road underlaken at the aboue premises and pass ..."

2. Learned counsel for the petitioner submitted that though necessary action was contemplated for removal of the encroachments made.. by respondent No.2 and a notice No.131/TPS/C-X/W- 6&7 lGHMCl2015, dated 18.02.2015 was also issued to the Deputy Commissioner of Police, seeking Police protection as there may be breach of law and order, at the time of removal of the illegal construction alleged to have been made by respondent No.2. He further submitted that even as on today, though respondent No.1 has contemplated to take action on the illegal construction of respondent No.2, nothing has been done as on today. I I I I t \ \ 2 -::

3. In view of the same, as the matter pertains c, the year, 20 13, respondent No.1 has initiated action basing on - t: representations made by the petitioner on various dates, this Cor- r - dccms rt fit and proper to direct respondent No. 1 to take approl) . rle action on the illegal constrnctions made by respondent No.2 : r expeditiously as possible by following due process of law as contemlr ltcd under GHMC Acl, 1955 after issuing notice to the petitioner and r(rr pondent No.2.

4.' With the above observation, this writ petrtion is cLisposed of. There shall be no orcler as to costs. As a sequel, miscellaneous applications penrl -rg, if any, in this Writ Petition, shall stand closed. i l Li I SD/-AHlVrl D ABDULLAH KHAN ,\AS,i TSTANT REGTSTRAR t-_ SECTION OFFICER /_ //TRUE COPY// V The Commissioner and Special Officer, The Greater l-l,derabad lr4unicipal Corporation,, Having its Head Office, Municipal Compl,j:, Tank Bund Road, Hyderabad. One CC to Sri V, Ramesh Kumar, Advocate [OpUC] One CC to Sri fvlidde Arun Kumar (SC for GHIUC) [Opt C] One CC to Sri K_ Harish Kumar, Advocate [OPUC] Two CD Copies To, 1 2 3 4 t TJ BS HIGH COURT DATED:0410912025 ORDER WP.No.12382 of 2013 o 'i E SI4 t { ,f ,J a- n -+ '\.*'t ..\ 2 1 [[8 202[ I c)\ i DISPOSTNG OF THE WRIT PETITION WITHOUT COSTS /" ,JV