High Court · 2025

SRI wR,T PETITIO JUSTICE NAGES H BHEEIT4APAKA N N 15 78 OF 2 02s Between: ir$ggg#il,,iqm;iEyfl%.8tr,h?#;d#ri,is;.*:,#,,.*i AND .....PETITIONER 'IH:"i3[:.i:r5ffi [*#HJ;ff :ifi,ijl,:??o.,,,Municipa, ' ill? S;:l,S:flig: ?:x l!,fl?,fi f; tryffi;l;# by i,s co m m i ss io n e r t il3"rB:E:y, :i#$'::'upfi s,.,:;j""',.#jr:," ba d r,, u n icip a r co rpo ra tio n c i rcre 'lil:'3'*'i'3t:""Tf; '::jB:J'"?fiHf,t*rabadMuniciparcorporarion 5. Smt. Aruna, !V/o Late Suresh, No 12_1_352, Lalapet, Secunderabad 500017. .....RESPONDENTS Petition Under Arti circumstances stated in pieased to paSs an order declarlng the inaction of complaint petition dated. the sanction plan unautho 336, 12-1-337, Situated UC9857/TPS/C-29lSBZ/GHMC/2025 issued dated.1gt}3l2}25 and the petitioner cle 226 of the Constitution of lndia praying that in the the affidavit filed therewith, the High Court may be or orders one in the nature of WRIT OF MANDA^/US the 3 and 4 Respondent not taking action against the 07lO3l202S and 1OtO3t2O25 regarding the deviation to rized construction at premises No.. 12_1_352 and 12_1_ at Lalapet, Secunderabad Show cause Notice have approach*'n"- o :::";r;;; "::: :|.:,;#j#l :L::::H:J"il.T-,i.'{t'"::::}"lljli; "",,,,",rc ,lloono"n, no 4 ''=u:o. ,tn:^ :;;;", by sratins whereas in ' above said show cause nc 2elsBz/GHMc'"" ':,.1",.'.;, ;; have submile"#il*n"r"in you have stared that ,,n "n"o appeared t' t""'-ll'].,ffi; ,"lu"tt"d to wait ror phvsical s'ur abstraction and conslr'lcrlo" '': ',:'.*^,,dh the respondent no 5 within a short perioc of time Even though the r( *" O'ot"tt of law which is illegal' going on withoLlt '""t*t"n'tn" oad, GHMC the written a{ter that the ,1857/TPs/c- he re{erence tice and also to stop the reY to conduct :onstruction is r.A. NO:1 OF 2025 Petition Unde r the aff idavit filed irt direct the ResPonc constructed in tho resPondent no '5 roz Section 151 CPC praying that in ther circumt tances stated in support of the petition' the High Ciourt rna'/ be pleased to ent 3 & 4 to demolish the illegal cr:nst uction which is middleofthecommonpassagebetweerpetitionerand d Counsel for the Pr:titioner : SRI D'BHASKAR YADAV Counsel for the Respondent No'1 : GP FOR MCPL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent Nos'2 to 4 : SRI G'MADHUSUDHI\N REDDY' SC FOR GHMC Counsel for the F.esPondent No'5 : .. The Court made the following ORDER THE HON'BLE SRI JUSTICE NAGE'SH BHEEMAPAXA WRIT PETITION IIo.l 5378 ot2O25 ORDER: This writ petition seeking the following prayer: "...to declare the inaction of the 3 and. 4 Respondent not taking action against the complaint petition dated O7.O3.2O25 and 1O.03.2O25 regarding tlle deuiotion to the sanction plan unautLnrized con stntction at premi.ses No. 12_ 1_352, 12-1-336 and 12-1-33T situated at Lalapet, Seannderabad (subject propertg) uide show cause Notice No.UC98S7/TpS/ C-29/ SBZ/ GHMC/ 2O2S issued dated 19.03.2025 and the petitioner haue approached tLrc deputg commi.ssioner circle No.29, Secunderabad, GHMC for personal hearing on 25.03.2024 at 3.30 pm and submitted tle utritten representation along with releuant documents for further ueification alter ttrlt the respond.ent No.4 i-ssued tLe second. sLnw couse notice UCg857/TPS/C29/SBZ/GHMC/2025 on d.ated. 25.04.2025 bg stating uthereas in the reference Vn cited haue submitted replg to the aboue said. show cause notice and also appeared for personal hearing u-tLrcrein Aou LLaue stated that stop tfe abstraction and constntction and. requested. to luait for physical surueA to conduct tuithin a slnrt period of time. " Euen th.ough tLE respond.ent .iVo.S 2 constntdion is going on ruithout follouing the t7u"' process c'f latu uhich is illegal'" 2 Hearl D.Bhaskar Yadav' Iearned anc. Mr. G.Madhusudhan ReddY' petitloner' counsei lbr C,]{MC appearing on behaif of resp.)nderlt c,luns€ I lor the Iearned s tarnding '.los.2 to

3. It i ; the case of the petitioner that she' ak ng with Smt.Konda 1\runa are the absolute owners artd posst'ssors of House bearir g Nos 12- 1-336 and 12-l-337 admeasu:ing 168 having acquired L re same sq.yds. LalaPet, Secunderabad uide Doc.l'Io 19'14 of 1999 through registered partition deed dated 06.11 1999' While things stood thus, respc'nclent No'4 issued shovr cause notice dated 19'03'2025 tc resp':nrlent No'5 and grantetl 15 days time calling for explanation as t) why the ,rr.rr166fizr:rl constructions shall not be removed lt is further stated that even after issuance of the said show c:at'se notice' respondent No'S has been proceeding with tht co nstrucdon work violat.ng the petitioner's easement rights zrnr I blocking their passirle way' It is further stated that the pet tioner has submitted representations on O7 03 2025 and 10 o3'2025 to respondent authorities regarding the deviation irr :o rstructions made by respondent No'5 and inacticn ol respondent 3 t t authorities in taking action against respondent No.S in not submitting explanation to the show cause notice dated Aggrieved by the said inaction of the respondent

19.03.2025 authorities, the present writ petition is hled.

4. Considered the submissions made by the learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondent Nos.2 to 4 and with their consent this writ petition is disposed of at the admission stage. In view of the nature of relief sought in this writ petition lssuance of notice to respondent No.5 is dispensed with.

5. In view of the submissions made by the learned counsel for the respective parties and since it is stated that the petitioner has submitted representations to the respondent authorities ald show cause has also been issued to respondent No.S, this Court is of the opinion that the ends of the justice would be met if respondent authorities are directed to conduct enqurry on the representations, dated OZ .O3.2O25 and I I

70.o3.2025 submitted by the petitioner S expeditiously S possible after issuing notice to respondent No.S, initiate action strictly in accordance with law 4

6. With ,he above obsewations' this writ petit'on 1S disposed of Tlt,:re shall be no order as to costs'

7. As a sequel, the miscellaneous petitiors pcnding' if any, shall stal: c[ closed ) //TRUE COPY// jBliJJ[i''ltti3'".'^"J I , ! SEcrtoN oFFlcER ' ii,liiit's,iriilr #:ffi,{ti:ffiilH, :Y#:: ;:ffi ' ' i:","iiJ TAI il"i"{fffil Br,!:iB :fli, ' I:%?:8!'i,iqiiilil3g:'ffi ,, u, o *,,, n i., p, r c,: r p o ra ti o n c i rcr e Murrici pa, c( rpo ratio n ;;g];;abad " To lwim[-*-{ffi;::",":^ SA ?*- \ \/,,\I:]A TION COURT z:...- 2 f ;^u, :o'{ TA .rS J o,j ,,,, \ Ii ]r,l'M ' * j't-l -l.tc HIGH COURT NBK,J DATED:2810512025 ORDER WP.No.1537tl of 2025 DISPOSING OF THE W.P WITHOUT COSTS. ( ,l\- 6 I > 2