SYED SHAZTAMKINATH v. 1. GREATER HYDERABAD MUNICIPAL CORPORATION

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 order or direction, more particularly in the nature of a Writ of Mandamus, declaring the inaction of Respondents No. '1 to 3 in not considering the representation dated 1710512025 submitted by the Petitioner under Sections 455-4 and 455-AA of the GHMC Act for regularization of two additional floors constructed on the property bearing Municipal No.4-25-3131111 , Plot No. 22, admeasuring 199.88 square yards (equivalent to 167.12 square meters), situated at Sogbowli Village, Suleman Nagar, under the jurisdiction of Rajendranagar lVlunicipality, Ranga Reddy District, Telangana State, as illegal, arbitrary, violative of the principles of natural justice, contrary to the provisions of the GHMC Act and Rules, and in infringement of Article 300-A of the Constitution of lndia i t r i i i l l I I 7 lA NO: 1 OF 20115 Petition l nde Section 151 CPC praying that in the circurrstances stated in the affidavit filed in support of the petition, the High Court rnav be pleased to direct Respondr:nts No 1 to 3 not to demolish the existing cons:ruction and not to initiate or tzrke ilny coercive steps towards the demolition of the alleged unauthorized c()nstrJCtron in the premises bearrng' Municipal N:>. 4-25-31311t1. Plot No. 22, admeasuring 199 88 square yards (equivalent to .167.12 square meters), situated at fiogbowli Village, Suleman Nagar, under the jurisdiction of Rajendranagar lvlunicipality, Ranga Reddy District, Telangana {itate Counsel for the Petitioner: SRl. AZIZ HUSSIAN REP SRI MOHAMMED ZAKI Counsel for the Respondent Nos. 1to3: SRI R. VENKATESH Counsel for ther Respondent No.4: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVEL,OPMENT The Court made' the following: ORDER -7 HON'BLE SRI JI'STICE J. SREENTVAS RAO WRIT PETITIO N No.152 4L of 2025 ORDER This Writ Petition is being disposed of at the admission stage with the consent of learned counsel for the respective partles This Writ Petition is filed seeking the following reiief:- "...to issue on appropiate order or direction more partianlarlg in tle nature of a Wit of Mandomus declaing the inaction of Respon'dents Nos' 1 to 3 in not consid-ering tLe representation dated 17/05/2025 slbmilted bg tte Petitioner under Seclrions 455-4 and 455-AA of tle GHMC Act for regularization of tu)o additionql Jloors con'structed on the propertg beaing Municipol No' 4-25-3/3/1/1 Plot No. 22, admeasuing 199 88 square gards (equiualent to 167.12 squore meters), situated ot Sogbouli Villoge Sulemon Nagar, under the juisdiction oJ Rajendranogar Municipalitg' Ranga Reddg Dstrict, Telangana State, a's illegol' arbitrary' uioldtiue oJ the pitlciples of natural iusttce cotltrary to the provisions of the GHMC Act and Rules' and in infringement of Article 3OOA oJ the Constttution of India and. to Poss.."

2. Heard Sri Aziz Hussian, learned counsel representing Sri Mohamme d Zaki, learned counsel for the petitioner' and learned Sri R. Venkatesh, learned counsel appearing on behalf of respondent Nos.l to 3, and the learned Assistant Government Pleader for 2 Municipar Adrr inistration appearing on behalf of respondt:nt No.4. 3. Learn:d c,)unsel for the pedtioner submits that the 1:retitioner is the absolu,e orvner and possessor of the propert-", bearine Municipal No.4-25-313/t,, 1, plot No.22, admeasuring 199.88 scluarc yards (equivalent to 157 .12 square meters), situated at So1;bowli village, Rajendranaqar Municipality, Ranga Reddy District arld he has purchased rie :;,id property through a registered sale dt:ed bearing Document \o.97I I ot 2023, dated 06.09. 2023. The rr:spondent_ Corporation granred building permission for const;-uction ()f stilt + 2 upper floorsi virie Building permit No.33 1265/gt}4/(>HMCi2O23, dated 27.O9.2021] However, the pedtioner constructed the ,.lrd ancl 4th floor. The pelitiorrer submitted al application under Section,s 455_4 & 455-AA of th e G reater Hyderabad Municipal Corporatio n ,\ct, 1955 (for short, ,th: Act,J before the respondent_Corporation on 7.;,.O5.2O25 requesting thr: res pondent-corporation to reg,larize the una,-rthorized construction made by him in the subject property. In r;pi [e of the same, the respotrdent_Corporation has not takell anl/ steps to consider the said representation. 4 I-earned litanrling Counsel had submitted that respond,:)nt No.1 will consider the representation submitted by the petil ior.rer. and requested this ,lourt to grant reasonable time 5 Having consid<:r'ed the rival submissions made b,,, the rer,;pective I i 3 parties and without expressing any view on merits, the respondent- Corporation is directed to consider the application, dated 17.O5.2025 submitted by the petitioner under Sections 455-A & 455-AA of the Act and pass appropriate orders in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order, after giving opportunily to the petitioner.

6. With the above said directions, the Writ Petition is disposed of No costs. Miscelianeous petitions pending, if any, sha1l stand closed' SD/.V. KAVITHA DEPUTY REGISTRAR SECTION OFFICER rporation, Office at To, //TRUE COPY//

1. The Commissioner, Greater Hyderabad Municipal Lower Tank Bund, Hyderabad-2g At Secretariat, Hyderabad.

2. The Deputy Commissioner GHMC, Circle No.11 GHMC, Rajendra Nagar,

3. The Assistant City Planner, Circle No.11 GHMC Rajendra Nagar, Ranga Ranga Reddy Dist. Reddy Dist.

4. The Principal Secretary, Municipal Administration and Urban Department DEVELOPMENT, High Court for the State of Telangana, at Hyderabad [OUT] ^/UNICIPAL ADMINISTRATION AND URBAN Secretariat, Hyderabad, Telangana.

5. Two CCs to GP FOR 6. One CC to SRl. MOHAMMED ZAKI, Advocate [OPUC] 7. One CC to SRl. R. VENKATESH, Advocate [OPUCI B. Two CD Copies BM BS VACATION COURT --a:= ==\ --; -" SI-AI: )f 2 2 litY ?116 [) i.l' +tl (.,).t5 ,11r;,_! -i:---;'-/ HIGH COURT DATED:21 10512025 ORDER WP.No.152.41 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ fA 1,i 1f5 &