High Court · 2025

The State of Telangana, Rep. by its Principal Secretary, Municipal Administration and, Urban Development, Secretariat, Hyderabad. The Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, GHMC Office, Tankbund Road. Hyderabad. The Zonal Commissioner, GHNtlC, Serilingampally Zone, Serilingampally, Ranga Reddy District. The Deputy Commissioner, GHMC, Circle- 2O,Serilingampally, Ranga Reddy District. The City Planner, GHIVC, Serilingmapally Zone, Serilingampally, Ranga Reddy Districct. Smt. Kalidindi Sri Venkata Ramani @ G.S.V. Ramani, W/o .Kalidindi Raja Karthik, Aged about 39 years, Occ- Private Employee, Rl/o. G-4, Sri Sai Apartments, Erramanzil ...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 any appropriate writ, order or dlrection, more particularly, one in the nature of Writ of Mandamus, declaring the inaction of the Respondents No. 3 and 4 in initiating action over the petitioners representations dated 1610512025 and 12lOGl2O25 against the construction of building by the 6th respondent on the Plot No. 253, admeasuring 330 Sq.Yards or 275.88 Sq.Yards, in Sy.No. 253' situated at Raidurg Nav Khalsa Village, Serilingampally lMandal and Municipality, Ranga Reddy District by encroaching illegally the 30 ft. public road, as illegal, arbitrary, u nconstitutio nal, against the principles of natural justice, and in violation of the Rules and Regulations contained in the GHMC Act, .1955, consequently, direct the Respondents No. 3 and 4 to initiate action against the 6rh respondent for encroachment of 30 ft. public road, in the interest of justice. lA NO: 1 OF 2025 Petition under section 1si cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the Respondents No. 3 and 4 to consider the representations of the petitioner dated 161o51202s and 12106t2025, pending disposar of writ petition, in the interest of justice i j l I I I I Counsel for the Petitioner: SRl. THIMMARAJU RAMCHANDRA RAO counsel for the Respondent No.1: cp FoR MUNlcrpAL ADMrNrsrRATroN AND URBAN DEVELOPMENT Counsel for the Respondent Nosi'2tos: SRI G. MADHUSUDHAN REDDY, SC FOR GHMC The Court made the following: ORDER THE HONOT]RABLE SRIJUSTICE B' VIJAYSEN REDDY WRIT PETITION No.18249 oF 2025 ORDER: This writ petition is filed by the petitioner seeking to declare the inaction of respondent Nos'3 and 4 against respondent No'6 pursuant to his representations dated 16'05'2025 and 12'06'2025 against the unauthorized construction made by respondent No'6 in thePlotNo.253admeasuring330squareyardsinSurveyNo.253 situated at Raidurg Nav Khalsa Village, Serlingampally Mandal, Ranga Reddy District, by illegally encroaching thirry feet (30) public road, as being illegal and arbitrary'

2. Heard Mr. T. Ramachander Rao' leamed counsel for the petitioner, and Mr. G. Madhusudhan Reddy' leamed standing counselfortheGreaterHyderabadMurricipalCorporation (GHMC), appearing for respondent Nos'2 to 5'

3. Leamed counsel for the petitioner submitted that the petitioner is the absolute owner and possessor of the house constructed in Plot No.305 admeasuring 350 square yards in Survey No.66/3 situated at Raidurg Nav Khalsa Village' 2 Serilingampally Mandal, Ranga Reddy District. Respondent No.6 is the owner of the Plot No.253 admeasuring 330 square yards in Survey No.253 situated at Raidurg Nav Khalsa Village, Serilingampally Mandal, Ranga Reddy District, i.e., subject property which is located opposite to the house of the petitioner. There is thirty (30) feet wide'road existing between the house of the petitioner and respondent No.6. Respondent No.2 granted permission vide permit,.No.50g4/GHMC/SLPl2025_Bp dated

28.03.2025 to respondent No.6 for construction of Stilt + four (4) upper floors in the subject property after leaving road affected area of 14.52 square meters.

4. It is submitted that in violation of the sanctioned plan respondent No.6 started making illegal construction by encroaching 30 feet wide public road to an extent of 17 feet by erecting blue sheets and making construction. The petitioner and his neighbours questioned respondent No.6 about encroachment of 17 feet road, however, there was no response from him. In that regard, the petitioner also submitted representations dated

12.06.2025 and, 16.05.2025 to respondent Nos.3 and 4 to remove ) ) 3 the illegal encroachments from the 30 feet wide public road However, the same was not considered' as such' he was constrained to approach this Court'

5.ItissubmittedthatrespondentNo.4insteadoftakingaction against respondent No'6, surprisingly basing on representation of respondent No.6 issued notice under Section 434 of the Greater Hyderabad Municipal Corporation Act 1955 (GHMC Act\ vide Lr.No.305/CIR/2OtrIISISLPZ'/GI$4CI}OI5 dated 18'06'2025 directing the petitioner to eubmit title documents and permission in respect of his property. The petitioner submitted his explanation dated 24.06.2025 along with title documents to respondent No'4' Grievance of the petitioner is that his representations dated 12.06.2025 md 16-05'2025, which was made prior to that of respondent No.6, was not considered by respondent authorities'

6. Leamed standing counsel for GHMC' appearing for respondent Nos.2 to 5, submitted that complaint and counter complaint have been filed by the petitioner and respondent No'6' and appropriate action will be taken' in both the complaints' in accordance with law. \ t I LSi 4

7. As innocuous relief is sought by the petitioner, notice to respondent No.6 is dispensed with.

8. In view of the above, the writ petition is disposed of, directing respondent Nos.3 to 5 to consider the representation of the petitioner dated 12.06.2025, regarding unauthorized construction made by respondent No.6 in the properry bearing plot No.253 admeasuring 330 square yards in Survey No.253 situated at Raidurg Nav Khalsa Village, Serlingampally Mandal, Ranga Reddy District, allegedly e'ncroaching thirry feet (30) public road, by issuing notice to the petitioner, respondent No.6 and all other concemed/interested persons, and pass orders, in accordance with law, by giving opportunity of hearing to them, within a period of thirty (30) days from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, ding in this writ petition stand closed. //TRUE COPY// Sd/- P. PONNA KRISHNA SISTANT REGISTRAR SECTION OFFICER To,

1. The Principal Secretary, Mu Seqretariat, T.S.,Hvderabad. ' +:fit3:Xljt"::'",.i;ooJBt'il

3. The Zorlal. .Commissioner, Ranga Reddy District. 4. The De nicipal Administration and, Urban Development, Hyderabad Municipal Corporation, GHMC Office, GHMC, Serilingampally Zone, Serilingampal v, puty Commissioner, GHMC, Circle- 20,serilingampally, Ranga Reddy I I t 5 t) 7 o I I!:.f'9.,ilZlner' GHMC, Serilinsmapallv Zone, seiirinsampany, Ransa . One CC to SRt. TH|MIvI4F4.I!_I.RAMCHANDRA RAO, Advocare IopUCt ' rwo ccs to Gp FoR furicii;aL"A"Diili,;rsr-Rnndfi"'ii,,6 i_r"deaNr DEVELOPMENT, High courr for. ii," stit" bi-i d;"il ' EIrtSiEBttt torr one c-cto S nr' c' MidiruS u oitn r.r iiebiji,"#?fl fi . Two CD Copies PVL b :'l ,J l I HlGH COURT DATED:2710612025 3 I lilF- STA \( o o ,J 0 5 JlJr. 2t6 1$( z a t D1 'SPATCH ORDER WP.No.18249 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,=^C*dw' W