High Court · 2025

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 21169 OF 2025 Between: T. Kiran Kumar, S/o.Late T. Harinath, Aged 44 yrs, Occ. Social Worker ancl RTI Activist, R/o. MIG FLAT B Block, 10th Bock Flat'16, Phase- V, KPHB Colony, Kukatpally, Medchal Malkajgiri Districl5O0 085. .....WRIT PETITIONER AND '1. The State of Telangana, Rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Hyderabad- 500 022.

2. The Greater Hyderabad Municipal Corporation, Rep.by its Commissioner, Lower Tank Bund, Hyderabad-500 063.

3. The Greater Hyderabad Municipal Corporation, Rep.by its Dy.Commissioner, Circle No.23, Kukatpally, Medchal Malkajgiri District-500 0'18.

4. The Greater Hyderabad Municipal Corporation, Rep.by its City Planner, Circle No.23, Kukatpally, Medchal Malkajgiri District-S00 0'1 8. 5. The District Registrar, Ivledchal-Malkajgiri District, Medchal. 6. The Sub Registrar, SRO, Kukatpally Medchal-Malkajgiri District. 7. Mr. Anukumar Padala, S/o.Venkateshwara Rao, Aged about 41 years, Occ. Business, Pristine Grandeur of Prodeco Projects O/o.Site No. Si3A, Ward 15- Block 31, APHB Auctioned Plots, Phase-V, 80 Feet Road, KPHB Colony, Kukatpally, Medchal Malkajgiri District-500 085.

8. Smt. Nagalakshmi, Wo.Adinarayana Murthy Chittala, Aged about 40 years, Occ. Business, EWS-583/6, First floor, Road 3, Near GPR Apartment, Phase- 2, KPHB Colony, Kukatpally, lvledchat Matkajgiri Districts00 085.

9. Smt Chadalavada Suneetha, W/o Ravuri Shasi, Aged About 42 years, Occ Business, Pristine Grandeur of Prodeco projects Site No. S13A, Ward 1 5- Block 31, APHB Auctioned Plots Phase-V, B0 Feet Road, KPHB Colony, Kukatpally, Medchal Malkajgiri District-SO0 085. .....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 a writ, order or direction more particularly one in the nature of Writ of lvlandamus declaring the inaction of the Respondents 2 to 4 on the representation dt.27 .1-2025 and in not taking any action against the illegal construction made in Site No. S134, Ward 1S-Block 3'l , APHB Auctioned Plots Phase-V, 80 Feet Road, KPHB Colony, Kukatpally, Medchal Malkajgiri District, as illegal, contrary to law, arbitrary and violation of Art 14. 19 and Art.21 of the Constitution of lndia, and consequently direct the Respondent No 5 and 6 not to register the sale deeds or any transactions in revenue records of the illegal construction made by the Respondent No.7 to 9 and to stay all further illegal construction made by the Respondents No.7 to 9 in Site No, S 134, Ward 15- Block 31, APHB Auctioned Plots Phase-V, B0 Feet Road, KPHB Colony, Kukatpally, t\/edchal Malkajgiri District, pending disposal of the writ petition. |.A.NO:1 OF 2025 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 direct the respondent No.5 and 6 not to register any sale deeds or any transactions of the illegal constructio0n made by the Respondent No. 7 in Site No. Sl3A, Ward 15, Block 31, APHB Auctioned Plots Phase V, B0 Feet Road, KPHB Colony, Kukatpally, Medchal Malkajgiri District, pending disposal of the writ petition. |.A.NO:2 OF 2025 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 direct the Respondents No.2 to 4 to submit a detailed report with regarding to the illegal construction made by the Respondents No.7 in Site No. 5134, Ward 15- Block 31, APHB Auctioned Plots Phase-V, B0 Feet Road, KPHB Colony, Kukatpally, Medchal Malkajgiri District, pending disposal of the writ petition. |.A.NO:3 OF 2025 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 direct the Respondent No.2 to 4 to stop the illegal construction made by the Respondent No.7 to 9 in Site No. S13A, Ward 1S-Block 31, APHB Auctioned .': ,& t i" n I i 1r s 5 i* t: D t I Plots Phase-V, B0 Feet Road, KPHB Colony, Kukatpally, Medchal Malkajgiri District without proper permission. Counsel for the Petitioner : SRI NADELLA VENKATESWARA RAO Counsel for the Respondent No.1 : GP FOR MCPL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 to 4 : SRI K.RAVI tUaneUOeR, SC FOR GHMC Counsel for the Respondent Nos.S & 6 : G.P FOR REVENUE Counsel for the Respondent Nos.7 to 9 : - The Court made the following ORDER t I I * t i * a.' HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No.21169 OE 2025 ORDER: (ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondents No.2 to 4 in not considering his representation dated 27.01.2025 with regard to illegal construction undertaken by respondents No.7 to 9 in the subject property bearing site No.S13A, Ward No.15, Block No.3 1, APHB Auctioned plots, Phase-V, 80 feet road, KPFIB Colony, Kukatpally, Medchal-Malkajgiri District, as being illegal, arbitrary and unconstitutional.

2. Heard learned Mr. N.Venkateshwar Rao, leamed counsel for the petitioner; Mr. K. Ravi Mahender, learned Standing Counsel for GHMC, appearing for respondents No.2 to 4; and perused the material on record.

3. Leamed Standing Counsel for GHMC, basing on the written instructions, submitted that on complaint of the petitioner, show cause notice dated 27.03.2024 was issued to respondents No.7 to 9. As the said notice was not complied with, speaking order dated 22.04.2025 was ,fl passed directing respondents No.7 to 9 to remove the unauthorized 2 constructions made in the subject property within a period of fifteen (15) days from the date of receipt of the said notice. As the unauthorized construction was not removed, respondent No.3 issued notice under Section 461-4 of the Greater Hyderabad Municipal Corporation Act, 1955 and seized the subject property wherein unauthorized constructions have been made in deviation of the sanctioned plan.

4. Learned counsel for the petitioner submitted that the construction activity is going on in the subj ect propefty and there is delay on the part of the respondent authorities in taking steps to implement the speaking order dated 09.10.2025. Such contentions are disputed by the leamed Standing Counsel for GHMC.

5. In the circumstances, this writ petition is disposed of directing the respondent authorities to implement the speaking order dated

22.04.2025 for removal of unauthorized constructions made by respondents No.7 to 9 in the subject property, if not already implemented. The petitioner is given liberty to approach this Court if the speaking order is not implemented. There shall be no order as to J As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed. //TRUE COPY// S ,,( PRASAD GISTRAR OFFICER The Principal Secretary, Municipal Administration andijrban Development, Secretariat Buildings, State of Telangana at Hyderab ad-sD0 O22. The Commissioner, Greater Hyderabad Municipal Corporation, Lower Tank Bund, Hyderabad-500 063. The Dep'uty Commissioner, Greater Hyderabad [/lunicipal Corporation, Circle No.23, Kukatpally, Medchal tt/alkajgiri District-500 018. The City Planner, Greater Hyderabad Municipal Corporation, Circle No.23' Kukatpally, Ir4edchal Malkajgiri District-S00 018. The District Registrar, Medchal-Malkaigiri District, Medchal. The Sub Registrar, SRO, Kukatpally Medchal-Malkajgiri District. Two CCs to GP FOR MCPL ADMN AND URBAN DEVELOPMENT, High Court for the State of Telangana at Hyderabad. [OUT] Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

9. One CC to SRI NADELLA VENKATESWARA RAO, Advocate [OPUCI 10. One CC to SRI K.RAVI MAHENDER, SC FOR GHMC, Advocate (OPUC) tl. Two CD Copies To L

2. i.

5. 6. 7.

8. SA BS x $ I \- *a * :1 i I i t \ \ ( o ) o .:l 05 AtJ[} 2$6 ,5s;,4 r-grtri t, ,/ HIGH COURT DATED:2210712025 ORDER WP.No.21169 of 2025 DISPOSING OF THE W.P WITHOUT GOSTS. I 'r n 5 l*r F * It * i I I I i * * ,4