The High Court · 2025

Judgment

4. q b. 7 B I The State of Telangana Rep. by its Principal Secretary, Municipal Administration Department, Secretariat, Hyderabad. The Greater Hyderabad Municipal Corporation, Rep. by its Commtssioner, Tank Bund Road, Hyderabad. The Deputy Commissioner, (Circle No.18 Old) Begumpet, New Circle No 30, Greater Hyderabad [t4unicipal Corporation. Secunderabad. The Assistant Town Planning Officer, (Circle No.'1 B Old) Begumpet, New Circle No,30, Greater Hyderabad Municipal Corporation, Secunderabad. The Zonal Commissioner, Greater Hyderabad Municrpal Corporation, North Zone, Secunderabad. Mohammed Yahya, S/o Late.Alohammed lbrahim, Aged about 56 years, Occ. Business, R/o H No.2-3-241 and 242, Nallagutta, Ramgopaipet, Secunderabad. Mohammed Zakria, S/o Late.Mohammed lbrahim, Aged about 53 years, Occ.Business, R/o H.No.2-3-241 and 242, Nallagutta, Ramgopalpet, Secunderabad. Mohammed Khaleel, S/o Late.Mohammed lbrahim. Aged about 51 years, Occ.Business, R/o H.No.2-3-24'1 and 242. Nallagutta, Ramgopalpet, Secunderabad Mohammed Jameel, S/o Late.fvlohammed lbrahim, Aged about 48 years, Occ.Business, R/o H.No.2-3-241 and 242, Nallagutta, Ramgopalpet, Secunderabad. ....RESPONDENTS

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of MANDAMUS, or any other appropriate Writ or Writs, declaring the inaction of the Respondents No. 2 to 5 in not taking any action upon the Petitioners Complaint dated.08-08-2019 to stop, remove, and demolish the unauthorized j ----.----_- I I Construction made by the Respondents No.6 to 9 in violation of the Sanctioned Plan and without leaving the necessary setbacks on all sides including the road weiding area open in premises bearing H.No.2-3-24 1 and 2-3-242, situated at Nallagutta, Ramgopalpet. Secunderabad, as arbitrary, illegal and is contrary to the provisions of GH|\ilC Act and rules and also is violative of the petitioners right under Article 14 and 21 of the Constitution of lndia, and consequently direct the Respondents No.2 to 5 to consider the Petitioners Complaint dated. 08-08-2019 and forthwith initiate action against the illegal construction raised by the Respondents No. t) to 9 in accordance with law lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavil filed rn support of the petition, the High Court may be pleased to DIRECI the Respondents No.2 to 5 to consider the Petitioners Complaint dated.08-08-2019 forthwith by initiating action against the illegal construction in premises H No 2-3-24'1 and 2-3-242, situated at Nallagutta, Ramgopalpet, Secunderabad rarsed by the Respondents No.6 to 9, in accordance with law, thereby submit a report before the Honourable Court regarding the action taken on the petitioner complaint dated.08-08-2019, pending disposal of the Writ Petition lA NO: 2 OF 20'19 Between:

1. MohammerJ Yahya, S/o Late.Mohammed lbrahim, Aged about 56 years, Occ Business. R/o H.No.2-3-241 and 242, Nallagutta, Ramgopalpet, Secunderabad. 2. MohammeC Zakria. S/o Late.Mohammed lbrahim, Aged about 53 years. Occ.Businc,ss, R/o H.No.2-3-241 and 242, Nallagutta, Ramgopalpet, Secunderabad 3. Mohammed Khaleel, S/o Late.Mohammed lbrahim. Aged about 51 years, Occ.Business. R/o H.No.2-3-241 and 242, Nallagutta, Ramgopalpet, Secunderabad 4. Ivlohammed Jameel, S/o Late.Mohammed lbrahim Aged about 48 years, Occ.Business R/o H.No.2-3-241 and 242, Nallagutta, Ramgopalpet, Secunderzrbad .-.PETITIONERS, RESPONDENTS 6to9 I ( AND Mohammed Nayeem Shareef, S/o Mohammed Dawood Shareef Aged about 36 years, Occ.Business, R/o H.No.2-3-244, Nallagutta, Ramgopalpet, Secunderabad. ...RESPONDENT/VIIRIT PETITION ER 1. The State of Telangana Rep. by its Principal Secretary, lvlunicipal 2. The Greater Hyderabad lvlunicipal Corporation, Rep. by its Commissioner, Administration Department, Secretariat, Hyderabad. Tank Bund Road, Hyderabad.

3. The Deputy Commissioner, (Circle No 18 Old) Begumpet, New Circle No.30, Greater Hyderabad Municipal Corporation, Secunderabad.

4. The Assistant Town Planning Officer, (Circle No.1 8 Old) Begumpet, New Circle No.30, Greater Hyderabad Municipal Corporation, Secunderabad. 5. The Zonal Commissioner, Greater Hyderabad Municipal Corporation, North Zone, Secunderabad. .....RESPONDENTS/RESPONDENTS 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 Vacate the interim Stay Passed on 2210812019 in l.A.No.'l of 2019 in W.P,No. 18214 of 2019 and Dismiss the above writ petition with costs in the interest of justice lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated rn the affidavit filed in support of the petition, the High Court may be pleased to receive this additional counter on record in the above writ petition and dismiss the writ petition as become in fructuous Counsel for the Petitioner: SRl. M MEHBOOB ALI Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos. 6to9: Ms. SRINIVASA KARRA Counsel for the Respondent Nos. 2to5: SRI K. RAVINDER REDDY, SC FOR GHMC The Court made the following: ORDER THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.18214 of 2O19t oRD ER: This r.r'rit petition is fi1ed seeking following relief: '... to issLle a Writ, Order or Direction more pa|ticularl)' one in the nature of Writ of MANDAMUS, or anv other appropriate Writ or Writs, declaring the inaction of the Ilespondents Nos. 2 to 5 in not taking any acl ion upon the Petitioners Complaint daterl.08-08-2O19 to stop, remove, and dernolish the unauthorized Construction m;, dc bv th(: Respondents No.6 to 9 in violatior.r of the Sanctioned Plan arld without leiiving the necessary setbacks on all sides inr Irrrling thc road weiding area open in prt'mises bearing H-No.2-3-241 and 2-3-242, sit!ated at Nallagutta, Rarngopalpet, Se.underab.r(l, as arbitrary, illegal and is (i()ntran to the provisions of GHMC Act and nrlr:s ancl also is violative of the petitioners right under Articte 14 and 21 of the Conslinrtion of lndra, and consequently direct the Respondents No.2 to 5 to consider lh( Petitioners Complaint dated O8-O8-2019 arrd forthrt'ith initiate action against the illcgal construction raised by Rcspondents Nos. 6 to 9 in accordance with lau, and may pass..."

2. When the matter is taken up for hearing, I\{r. M Mehboob Ali, learned coLrnsel for the petitioner, addressed a letter dated tO.O9.2025 to the Registry seeking permission to withdrarri, the present writ Petition

3. Permission as sought for, is accorded. 2

4. Accordingly, the Writ petition is dismissed as withdrawn_ No order as to costs. Miscellaneous petitions, if any pending, shall stand di smi ssed. SD/.A.H.S, GOWRI SHANKAR SISTANT REGISTR //TRUE COPY// ECTION OFFICER To, 1 One CC to SRl. lV TVEHBOOB ALl, Advocate IOPUC] 2 Two CCs to GP FOR MUNICIPAL ADIVINISTRATION AND URBAN 3 One CC to SRI SRINIVASA KARRA, Advocate [OPUC] 4 One CC to SRI K. RAVINDER REDDY, SC FOR GHI\IC [OPUC] 5. Two CD Copies DEVELOPTUENT ,High Court for the State of Telangana, at Hyderabad [OUT] BtV BSAy I I HIGH COURT DATED:1 8/09/2025 I ( ORDER WP.No.18214 of 2019 ac 1r4E : ]-4 ( la:' c/. t rl- J (7' ): 2/ 0 4 r.i! 2ff25 'a. \ .? t\i DISMISSING WITHOUT CO THE WRIT PETITTON AS WITHDRAWN STS 1l' 7o