High Court · 2025

Petition under Article 226 ol 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 orders or direction one in the nature of Mandamus thereby declaring the action of the Respondents No.1 to 4 for not taking action on the Complaints of Petitioner dated 1 0. 03. 2025,1 7 .O3.2025,09.04.2025, 03 .05.2025,

05.05.2025, 26.05.2025 and 23.O6.2025 as illegal, arbitrary, unjust and capricious besides against the spirit of Article 14 and 21 of the Constitution of lndia and consequently direct the Respondents No.1 to 4 to demolish the deviations or the unauthorized structures in the building construction at Door. No.12-7-133173, Habeeb Nagar, Moosapet, Hyderabad. lA 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 Respondents No.1 to 4 to seal the Premises situated at Door No.12-7-1 33/73, Habeeb Nagar, Moosapet, Hyderabad in accordance with the provisions of Sec 461-A of the GHMC Act, pending the disposal of the Writ Petition. lA 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.1 to 4 to consider the representations dated- 10.03.2025, 17.03.2025, 09.04.2025, 03.05.2025, 05 05.2025, 26.052025, and 23.06.2025 pending the disposal of the Writ Petition, in the interest of justice and circumstances of the case. Counsel for the Petitioner: SRI MOHAMMED ATTAULLAH SHAFQAT Counsel forthe Respondent No.1 to 3: SRI K.RAVI MAHENDER, SC FOR GHMC Counsel for the Respondent No.4: GP FOR MCPL ADMN URBAN DEV The Court made the following: ORDER .l:e=m- HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.22432 OF 2025 ORDER: This writ petition is filed by the petitioner seeking to declare the action of respondent Nos. 1 to 4, in not taking action on his complaints dared 10.03.2025, 11.03.2025, 09.04.2025, 03.05.2025, 05.05.2025,

26.05.2025 and23.06.2025, as being arbitrary and unconstitutional

2. Heard Mr. Mohammed Attaullah Shafqat, leamed counsel for the petitioner, and Mr. K. Ravi Mahender, learned Standing Counsel for GIIMC, appearing for respondent Nos.l to 3, and perused the material available on record.

3. It is submitted that the above complaints were made by the petitioner to the respondent authorities for removal of unauthorised construction made in the property bearing Door No.12-7-133173 situated at Habeeb Nagar, Moosapet, Hyderabad. As there is inordinate delay in disposal of the said complaints, the petitioner is constrained to approach this Court.

4. Leaming Standing Counsel for GHMC appearing for respondent Nos.1 to 3 submitted that respondent No.5 was granted permission for 2 :i! '*:i construction of Stilt + 4 upper' floors, as against which he has constructed Stilt + 5 upper l1oors r- pent house. On the complaints of the petitioner, action was initiated. [n fact, show cause notice datcd 10.09.2024 was issued to respondent No.5 and thereafter speaking order dated 08.10.2024 was also issucd by giving him 15 days' time to submit explanation. As the speaking order was not complied with, respondent No.3 has forwarded the speaking order to the Nodat Officer, Spccial Task Force (STF) team, Kukatpally Zone, GHMC, on 25.11.2024 for taking necessary action. The copy of the show cause notice, speaking order, building permit order of respondent No.5 and the written instructions are served on the leamed counsel for the petitioner.

5. Taking notc of the fact that the speaking ordel was passed on

08.10.2024 and unauthorised construction made by respondent No.5 is not yet removed, pending action to be taken by the Nodal Officer, STF team, Kukatpally, respondent No.3 is directed to lorthwith seal the unauthorised construction i.e., 5th floor and pent house raised in the property bearing Door No.12-7-133173 situated at Habeeb Nagar, Moosapet, Hyderabad, as per Section 461-A of the Greater Hyderabad Municipal Corporation Act, 1955, within a period of four (4) weeks from 3 the day of receipt of a copy of-this order, by giving prior notice to respondent No.5. As this order is being passed without entering into the merits, notice to respondent No.5 is dispensed with. If respondent No.5 is in any way aggrieved by this order, he is at liberty to approach this Court seeking modification of this order. No order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed. //TRUE COPY// To,

1. The Commissioner, Greater Hyderabad Municipal Bund, HYderabad - 500 004' SD/- M.NAGAMANI ISTANT REGISTRAR SECTION OFFICER orporation, Lower Tank 500 018.

2. fhe Zonal Commissioner, GHMC Kukatp ally Zone ' Moosapet' Hyderabad - 3. The Deputy Commissioner, GHMC Circle-23' Moosapet' Hyderabad - 500 4. The Principal Secretary, Munlcipal Administration and Urban Development * oJ"ptl, rii"{;;"-dik;;i"iiniJni5""r"tariat, Hyderabad, state of Telansana - 500 004.

5. One CC to SRI MOHAMMED ATTAULLAH SHAFQAT' Advocate [OPUC] 6. One CC to SRI K.RAVI MAHENDER' SC FOR GHMC [OPUCI ' TTwoccstoGPFORMCPLADMNURBANDEV,Highcourtforthestateof Telangana at HYderabad [OUT]

8. Two CD CoPies WBSR PSK , CC TODAY HIGH COURT DATED:31 10712025 ORDER WP.No.22432 of 2025 t\E SIAI{: \ o 1 2 [uE ?[25 * t )sspr: La.:..:.. "_..!-- P * DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \ 1 .L u