Mohammed Hamza Wahab v. 1. The State of Telangana

5. Mr.Mohammed Abdul Raheem, S/o. Mr.M.A.Kareem, Aged about 45 years, Occ Business, R/o. H.No.2-3-1 5/A, Nallagutta, Ranigunj, Secunderabad. 6. Mr.Mohammed Asif, S/o.Mr.Mohammed Moinuddin, Aged about 39 years, Occ Business, R/o.H.No.1-B-19, Nallagutta, Ranigunj, Secunderabad. 7. Mohammed Yousuf, S/o. Md.Rahamatullah, Aged about 64 years, Occ Business, R/o. H.No.2-3-349, (Block No.173lC), Nallagutta, Ramgopalpet, secunderabad' ...RE.P.NDENTS Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to lssue a writ, order or direction, more in the nature of Writ of Mandamus declaring the inaction of the official Respondents 1 to 3 herein in permitting and turning a blind eye to illegal and unauthorized constructions undertaken by the Respondents No.4 to 7 on property bearing no.2-3-3-49, situate at Nallagutta Ramgopalpet, Secunderabad, without any permission or title to the same and belonging to the Petitioner herein, as illegal, untenable and contrary to the mandate of GHMC Act. ::, l.A. NO: 1 OF 2017(WPMP. NO: 768 OF 20171 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 direct the official Respondents 1 to 3 herein to forthwith stop all illegal anrJ unauthorized constructions undertaken by the Respondents No. 4 to 7 on prope.ty bearing no. 2-3-3-49, situate at Nallagutta Ramgopalpet, Secunderabad, pending disposal of the above writ petition. Counsel for the Petitioner: SRI SRIKANTH HARI HARAN Counsel for the Respondent No.l: GP FOR MCPL ADMN-URBAN DEV Counsel for the Respondent Nos.2 & 3: SRI G.MADHUSUDHAN REDDY, SC Counsel for the Respondent Nos.4 TO 7: - FOR GHMC C.C.NO: 117 OF 2017 Between: Mohammed Harnza Wahab, S/o. Mohammed Abdul Wahab, Age 19 years, Occ Student, lR/o.H No.2-3-397, Ramgopalpet, Secunderabad. AND ...PET|T|ONER

1. Devender Reddy, The Chief City Planner Greater Hyderabad I\/unicipal Corporation, Circle No.1B Secunderabad Division, Secunderabad. 2. Y.Rama Krishna Murthy, S/o Late Y.V.Rangaiah, Aged bout 52 years, Occ - qusiness, R/o Flat No-103, Golden Towers, Habsiguda, Hyderabad. 3. Mr.Mohammed Abdul Raheem, S/o. Mr.M.A.Kareem, Aqed about 45 vears. Occ Business, R /o. H.No.2-3-15lA, Nallagutta, Ranigunjl Secunderab'ad. 4. Mr.Mohammed Asif, S/o. Mr.Mohammed Moinuddin. Aqed abor_t 3g vears. Occ Business. Rl/o. H.No.'l -B-1 9, Nallagutta, Ranigunj, Secunderabad. 5. Mohammed Yousuf, S/o. Md.Rahamailrttah, Agedabout 64 yea's, Occ Business, Rl/o H.No.2-3-349, (Block No. I 73lC), Nallagufta, Rangopalpet, Secunderabad. ,..REiSPONDENTS Contempt Case filed under Sections 10 to 12 of Contempt of Courts Act 1971 praying that the High Court may be pleased to punish the respondents for willful and deliberab violation of the orders dated-6-'l-2017 in WpMp.No.76g of 2017 in WP No.693 <tf 2017 on the file of the High Court. Counsel for the Petitioner: SRI NARAPARAJU AVANEESH ;il;;i io, in" n""poro"ni Ho.i, sRl c'MADHUSUDHAN REDDY' sc FoR Counsel for the Respondent Nos'3 TO 5: SRI P'SRIDHAR REDDY Counsel for the ResPondent No'2: - The Court made the following: COMMON ORDER GHMC ,_. HON'BLE SRIJUSTICE IC LAI(SHMA]\ WRIT PETITION No.693 OF 201 7 ALONG WITH CONTEMPT CASE No.117 OF 2017 ORAL ORDER Heard Ntr:. Srikanth Hari Haran, leamed ' counsel lbr the petitioner in W I'. No.693 of 2017, Mr. Naraparaju Avaneesh, leamed counsel for the petitioner in C.C. No.l 17 of 2017 and lv{r. G. Madhusudhan I{eddy, leamed Standing Counsel for GHMC appearing on behalf o1- respondent Nos.2 and 3 in the writ petition and respondent N,r.1 in C.C.

2. Tht: oetitioner filed the aforesaid writ petition chal Lenging the action of respondent Nos.1 to 3 herein in not taking action against respondent Nos.4 to 7 for the unauthorized construction undertrrken by them on property bearing No.2-3-349, situated at Na llagutta Ramgopalpet, Secunderabad, without any permission and title, as illegal etc.

3. Mr rl. Madhusudhan Reddy, leamed Standing Cour,sel for GHMC, referring to the counter filed by respondent No.3 in C.C., would contenrl that respondent Nos.4 to 7 have obtained truilding permission for <:onstruction of Stilt for Parking + 2 Upper Floors and they have constructed third floor unauthorizedly. Th erefore, l 2 KL,J WP No 693 & CC l17 of2017 respondent No.3 has considered the representation submitted by the petitioner and also the interim order granted by this Court on

06.01.2017. Respondent No.3 has already demolished the third floor of unauthorized construction made by respondent Nos.4 to 7 by following due procedure laid down under GHMC Act, 1955. He has specifically narrated the said facts in paragraph No.4 (d) ofthe counter affidavit. C.C. No.1l7 OF 2Ol7:

4. As far as the contempt case is concemed, the same is filed alleging willfu! and deliberate violation of the interim order dated

06.01.2017 passed by this Court in W.P. M.P. No.768 of 2017 in W.P. No.693 of 2017. By the aforesaid order, this Court directed respondent Nos.2 to 5 not to underlake any further construction and respondent No.l was directed to ensure that no further construction is undertaken by respondent Nos.2 to 5.

5. It is the specific contention of respondent. No.l that respondent Nos.2 to 5 made construction prior to the interim order and the said unauthorized construction of third floor was already removed by him by following the due procedure laid down under GHMC Act, I 955, Therefore, there is no violation, much less willful and KLJ WP No.593 & C(. l17of20l7 deliberate violation of the order dated 06.01.2017. Though he has filed counter in the rnonth of June, 2017 , the petitioner did not lile any reply/rejoindr:r adverting to the same. In the light of the sarne, this Court is of the considered view that there is no violation, mr'rch less willful and deliberate violation of the aforesaid order by the respondents. l-trus, this contempt case is liable to be clo';ed and accordingly thc same is closed. W.P. No.693 of 2Ol7:

6. As lar as the writ petition is concemed, as discusse<l above, Mr. G. Madhusudhan Reddy, leamed Standing Counsel for 3HMC, on instructions, would submit that official respondents have already demolished the third floor unauthorized construction nrade by unofficial respondents. However, respondent No.3 in the'rT'rit petition will inspect the site again. If there is any unauthorized construction made by respondent Nos.4 to 7, he will take action str ictly in 0 accordance rvith the procedure laid down under GHMC Act, 1955 by putting the petitioner and respondent Nos.4 to 7 on notice and affording them an opportunity of hearing. 1 4 KI.J WP No.693 & CC ll7 of20l7

7. In the light of the aforesaid discussion, this writ petition is disposed of directing respondent No.3 to inspect the subject property, and if there is any unauthorized construction by rebpondent Nos.3 to 7, he shall take action against respondent Nos.4 to 7 strictly in accordance with the procedure laid down under GHMC Act, 1955 by , pu&ing the petitioner and respondent Nos.4 to 7 on notice and affording them an opportunitv of hearing. He shall complete the ,l entire exercise as expeditiously as possible. In the circumstances of the case, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition and contempt case shall stand closed SDI- B.SAWAVATHI DEPUW REGISTRAR //TRUE COPY// SECTION OFFICER To 1 2 3 cretariat, HYderabad, The Principal Secretary (Municipal Administration), State of Telangana. . ih;"c-hl"i cdrimissioner, Greater Hyderabad Municipat corporation, Lower Tank Bund Road, HYderabad. ifili'Cnlli Ciiv-Pl;;Hr., G;;;ier Hvderabag Municipal, Corpbration' order No.18 Secunderabad Division, Secunderabad' . iji" bdi; SRt sniGNru HARI HARAN' Advocate [oP^u-c]^. . 6n! dd i;5iii iARAPARTu evnueESH, Advo-cate toPu-cl^-..^. . 5;; 6c io sni c.nreouu-subuAN REqDY,-s-g.F.qR G-HMC-[oPUC]. . . i;; d6.i"-ciFon nrcFl nblrtt t-uaenN brv, Hisn Court for the State of Telangana, at Hyderabad. [OUT] 8. Two CD Copies 4 5 6 7 PSK. -_-..-1-@ HIGH COURT DATED:10 10212025 COMMON ORDER WP.No.693 of 2017 AND CC.No.I17 of 2017 trE S T,i 14: ( At o 1l nir 6 2 o -l I DFs F/'1cn90 a DISPOSING OF THE WRIT PETITION AND CLOSING THE CONTEMPT CASE WITHOUT COSTS // n 4 g 6