The High Court · 2025
Case Details
Acts & Sections
8. G. tVlaruthi Prasad, S/o-Sri.G.Rama Rao, aged about 42 years, Occ-Business, No.15-21-171 11l303, Balaji Nagar, Kukatpally, Hyderabad.
9. G. Shankar Rao, S/o.G.Krishna Rao, aged about 38 years, Occ- Business, R/o-H.No.2-12, Dandumailaram, Ranga Reddy district. 'l0.Akula Sridhar, S/o- Akula VenkatSwamy, aged about 30 year, Occ- Business, Rl/o.H.No-5-4-58/7, Gayatrinagar, Near Pochamma Temple, Kukatpally, Hyderanad, Ranga Reddy District. 1 1 . Mohd [Vtalan Bee, W/o.fvlashaq Patel aged about 60 years, Fyo.H.No.17-3- 1941461318, Yasarab Nagar, Yakutpura, Charminar, Hyderabad. I i
12. Putta^Govind Re_ddy, 519 P.Venkat Narasimha Redd I, aged about 60 years, Occ- Business, R/ o.H.No.5-5-681, Abhyudaya Nagar Chintalkunta, L.B.Nagar, Ranga Reddy District. l3.Bandaru A9l.rof .[gddy, S/o. Late B.Ananth Reddy, ag:d about 45 years, Occ- Business, R/o.H.No. 8-7-93_. plot No.g, Bhagya Nagai Colony, Hasiinapuram, Almasguda Ranga Reddy District. ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the Higltr court may be pleased to issue any writ order or direction more particularly on<: in the nature of writ Mandamus or any other appropriate Writ or writs, order or orders declaring action of the Respondent No.2 to 4 herein in not considering the Representation Dated 23.06.2025 wherein requested to take action agains t illegaI construction, unauthorised construction over the bearing plot no.197 adn easuring 3g9 Sq.yds in Sy.No.44l'l , Situated at Miyapur Village, Seritingampaily Mandal, Ranga Reddy District r.s made by the Respondent Nos. 5 to '13 as illeoirl, arbitrary and against to the Principles of Natural Justice and consequenfly Direc t the nespondenit,to.2 to 4 to demolish/ remove the illegal and unauthorized conslruction of the Respondent No5 to'13 over the bearing plot no_197 adn*;asuring 3g9 Sq.yds in Sy.No.44l1 , Situated at tVliyapur Viilage. Serilingampally Vandai Ranga Reddy District T.S lA NO: 1 OF 2025 Petition under Section 1 51 cpc praying that in the ()ircumstances stated in the affidavit filed in support of the pelition, the High corrrt may be pleased to DIRECT the Respondent No.2 to 4 herein to take act on against the illegal construction, unauthorised construction, to demolish and rerrove the same orer i-he bearing plot no.197 admeasuring 389 Sq-yds in Sy.No.44, 1 Situated at fv,tiyapur Village, Serilingampatty t\ilandat, Ranga Reddy Distrirt T.S maOe Uy ifre Respondent No.5 to 1 3 Counsel for the Petitioner: SRt. A RAJA CHANDRA SHEKER GOUD Counsel for the Respondent No.1: Gp FOR MCpL ADMN TJRBAN DEV counsel for the Respondent Nos.2 to 4: SRI G. MADHUSLTDAN REDDY sc FoR Greater Hyderabad Municipal Corporation Counsel for the Respondents Nos.5 to 13: --- The Court made the following: ORDER HONOURABLE SRI JUSTICE B. VTIAYSEN REDDY WRIT PETITION No.21 854 0F 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 23.06.2025 with regard to unauthorized construction made by respondents No.5 to I 3 in respect of the Plot No.l97, admeasuring 389 square yards 1n Survey No.44l1, situated at Miyapur Village, Serilingampally Manda[, Ranga Reddy District, as being illegal, arbitrary and unconstitutional.
2. Heard Mr. A.Raja Chandra Shekar Goud, Ieamed counsel for the petitioner; Mr. G.Madhusudan Reddy, leamed Standing Counsel tbr GHMC, appearing for respondents No.2 to 4; and perused the material on record.
3. It is claimed that the mother of the petitioner was the absolute owner and possessor of the subject property; she executed general power of attomey in favour of the petitioner on 27.09.2016. The subject property forms part of layout of Matsuri Co-operation House Building Society ln Survey No.44l1, situated at Miyapur 2 Village, Serilingampally Mandal, Ranga Reddy Dist ict and the same was allotted to the mother of the petitioner who is :r member of the Society vide membership No.288. The mother .r the petitioner purchased the subject property from the Society und:r registered sale deed bearing document No.43l of lggl dated (r3.ll.l9gl upon payment of valid sale consideration. The mother :rf the petitioner applied for Layout Regularization Scheme (LRS) vtde application No.3576l12lW2l08lILO dated 30.05.2008 by paying equisite charges and the same is pending. While so, respondents No.5 to 13, without having any valid title, started construction in the subject property. As such, the petitioner filed suit for injunction in O.S. No. I 57 of 2iI). before the leamed VI Additional District Judge, F:anga Reddy at Kukatpally; respondents No.5 to 13 are contestinlr the said suit. As unauthorized construction is made by respondents r,ro.5 to 13 in the subject property, represenLation dated 23.06.2025 was r;ubrnitted by the petitioner to respondents No.2 to 4 requesting them tc take action but so far the same has not been considered, as such, ttLr: petitioner w.as constrained to approach this Court. / i J
4. Leamed Standing Counsel for GHMC submitted that appropriate action will be taken on the representation of the petitioner dated23.06.2025 in accordance with law.
5. Recording the aforesaid submission, without entering into the \ merits of the case, this writ petition is disposed of directing respondent No.4 to forthwith act upon the representation of the petitioner dated {'. I
23.06.2025 with regard to the unauthorized construction made by respondents No.5 to 13 in respect of the Plot No.l97, admeasuring 389 square yards 1n Survey No.44l1, situated at Miyapur Village, Serilingampally Mandal, Ranga Reddy District by giving opportunity of hearing to the petitioner and respondents No.5 to 13 and pass appropriate orders in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. Pending consideration of the representation, respondents No,3 and 4 are directed not to allow any construction if it is made without any approved plan or building permission. As innocuous relief is passed notice to respondent No.5 to 13 has been dispensed with. However, if respondents No.5 to 13 are, in any way, aggrieved by this order, 4 they are at liberty to approach this court seeking modification of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous applications. il any, pending in this writ petition stand closed. SD/. ,\t S 495;tSf INIVASA REDDY NT REGISTRAR //TRUE COPY// CTION OFFICER To,
1. THE Secretary, [Vlunicipal administration and Urban Development, 3rd Floor, Secretariat, Hyderabad.
2. THE Commissioner, GREATER HYDERABAD f\,4UNl(llPAL CORPORATION, GHTMC Head office, 1st floor, Tank Bund Road, Hyderabad.
3. The Zonal Commissioner, Serilingampally Zone, GHI\/1(.), HCU Bus Depot Rd, Serilingampally (tv1), Telangana 500046
4. The Deputy Commissioner, Cir-21, GHtvlC, HCU Bus I epot Rd, Serilingampally (M), Telangana 500046
5. One CC to SRl. A RAJA CHANDRA SHEKER GOUD \dvocate IOPUC] 6. One CC to SRI G. IvIADHUSUDAN REDDY SC FOR (lreater Hyderabad Municipal Corporation IOPUCI
7. Two CCs to GP FOR MCPL AD[/N URBAN DEV ,Hiqlr Court for the State of Telangana. [OUT] 8 KKS GJP Two CD Copies Y{ i HIGH COURT DATED:2810712025 / ,l:,. ! i) t! t) .. ,l \ '/ ,\r i-,\' .. \ 03 cct 2gg t D - : : --,,! ORDER WP.No.21854 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS f+'L $co&,