Sri T. Madhava Rao v. 1. State of Telangana

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 appropriate writ, order or direction particularly a Writ of Mandamus declaring the inaction of the Respondents, particularly Respondent No.3 in not taking appropriate action against the Respondent No. 4 and 5 in illegal construction/u nauthorized construction in the premises bearing No. 2-2- 18t401911, situated at Bagh Amberpet, Hyderabad, as illegal, irregular, arbitrary and violative of Article 14, 19,21 and 300-A of constitution of lndia and the provisions of GHMC Act I I I -7 lA NO: 1 OF 2024 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, particularly Respondent No.3 to remove the illegal structure raised without leaving prescribed setbacks and also 5th and 6th floors, which are raised without obtaining permission I Counsel for the Petitioner: SRl. KANUMURI KALYANI Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2&3: SRI G. MADHUSUDHAN REDDY, SC FOR GHMC Gounsel for the Respondent Nos.4&5: SRI PADALA PRAVEEN KUMAR The Court made the following: ORDER HON'BLE SRIJUSTICE K. LAKSHMAN WRIT PETITION No.23939 OF 2024 ORAL ORDER Heard leamed counsel for the petitioner, Mr. G. Madhusudhan Reddy, learned Standing Counsel for GHMC appearing on behalf of respondent Nos.2 and 3 and Mr. Padala Praveen Kumar, leamed counsel for respondent Nos.4 and 5.

2. The petitioner herein is the resident of Srinivas Nagar, Bagh Amberpet, Hyderabad. Respondent Nos.4 and 5 have obtained permission for construction of Stilt + 4 Upper Floors, but constructed 56 Floor, Pent House and Water Tank unauthorizedly. Further, they have obtained building permit order by showing the street/road name as Rahat Nagar, whereas they are making construction in D.D. Colony, Hyderabad, which is far away from Rahat Nagar. Therefore, he has submitted a representation dated 17.08.2024 to respondent Nos.2 and 3 with a request to take action against respondent Nos.4 and

5. Despite receiving and acknowledging the said representation, respondent Nos.2 and 3 did not act upon the same. Aggrieved by the said inaction of respondent Nos.2 and 3, the petitioner hled the present writ petition. 2 KI-.J W P. No 2lql9 of2024

3. Whereas. respondent Nos.2 and 3 filed counter contending that on receipt of the said representation, the Deputy Commissioner, Circle No.l6. Amberpet, has issued show-cause notice dated

02.09.2024 to them. Seven (07) days time was granted to submit explanation. They have submined explanation. On consideration of the same, he has passed speaking order dated 13.09.2024 directing respondent Nos.4 and 5 to remove the said unauthorized construction. They have also submitted a reply dated 19.10.2024 stating that rhey have already filed a suit vide O.S. No.4346 of 2024 against respondent No.2 seeking perpetual injunction. Leamed IV Junior Civil Judge, City Civil Court, Hyderabad, granted ex parte interim injrnction dated

18.09.2024 in I.A. No.2513 of 2024.

4. Respondent Nos.4 and 5 filed counter contending that they have constructed lift room in 56 floor and water tank over and above 5s floor. There is no unauthorized construction. They have also admitted about filing of the aforesaid suit and interim njunction granted by the said Court. They have specifically contended that the petitioner is staying three (03) kilometers away from the subject prope\ty and he has no locus to submit the aforesaid representation '\' and file the present writ petition. t l KL,J w P No.2l9l9 of2024 5, Mr. Padala Praveen Kumar' learned counsel for respondent Nos.4 and 5, would submit that since construction of lift room in fifth floor, water tank over and above fifth floor of subject property is an unauthorized, respondent Nos'4 and 5 have submitted an application dated 07.10.2024 seeking regularization of subject property in terms ol Sections - 455A and 455AA of the GHMC Act' 1955' and the same is pending.

6. On consideration of the said aspects' vide order dated

02.ol.2025,thisCourtdirectedrespondentNo.2tobringtheaforesaid aspects to the notice of leamed IV Junior Civil Judge' City Civil Court, Hyderabad in I'A' No'2513 of 2024 in O'S' No'4346 of 2024 and to get status quo order vacated by the said Corporation' [-earned particularlY, the consider the said asPects, more Judge shall and 5 and also construction of resPondent Nos'4 unauthorized speaking order dated 13 '09 '2024 ' This Court also directed the Deputy Commissioner, GHMC concemed to file an application seeking advancement of hearing in I'A' No'2513 of 2024 and bring the said facts to the notice of leamed trial Court' Liberty was also granted to the petitioner to take steps to implead in the said suit' I 1 KL.J !v P No 21919 ofl024

7. l)uring the course of hearing, it is brought to the notice of this Court that the implead application filed by the petitioner is dismissed. The petitioner is taking steps to challenge the same. l-eamed Judge heard and reserved the said I.A. No.2513 of 2024 and it is posted to 25.02.2025 for orders.

8. Mr. K. Durga Prasad, leamed counsel appearing on behalf of the petitioncr. would contend that leamed trial Court is adjouming the said IA .iust like without deciding the same despite bringing to its notice about unauthorized construction made by respondent Nos.4 and 5 and also the guidelines issued by a Division Bench of this Court in Municipal Corporation of Hyderabad, Hyderabad v. Philomena Education Foundation of Indiar, and the Circular of this Cowt vide ROC.No. I 4/Re g.Judl.l2023, dated 08. I 1.2023.

9. ln the light of the aforesaid discussion, this writ petition is disposed ol directing the Deputy Commissioner, Circle No.l6, Amberpet, Secunderabad Zone, GHMC, to take action against respondent Nos.4 and 5 subiect to the result of order in I.A. No.25l3 of 2024 in O.S. No.4346 of 2024 pending on the file of IV Junior bi*,t Judg". City Civil Court, Hyderabad in accordance with the 2008 (1) ALT 670 (DB) l ) Kl-,J W P No rl9lg of2024 procedure laid down under GHMC Act, 1955. At this stage, leamed counsel for respondent Nos.4 and 5 seeks liberty to prefer an appeal under Section - 655 of the GHMC Acr, 1955 challenging the speaking order dated 13.09.2024 subject to the result of order in I.A. No.2513 of 2024 in O.S. No.4346 of 2024. Respondent No.2 is also directed to consider the application dated 07.10.2024 submitted by respondent Nos.4 and 5 seeking regularization of subject property in terms of Sections - 455,4. and 455AA of the GHMC Act, 1955 and dispose it of in accordance with procedure laid down under GTIMC Act, 1955 within four (04) weeks from the date of receipt of copy of this order. In the circumstances ofthe case, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition shall stand closed. \ To, SD/.T. TIR ASSISTANT UMALA DEVI REGrsrRAT //TRUE COPY// CTION OFFICER

1. The Principal Secretary Municipal Administration and Urban Development, Secretariat, T.S.,Hyderabad.

2. The Commissioner,GHMC, Lower Tank Bund, Hyderabad. 3. The Town Planning OfficerlZonal Commissioner, Amberpet , GHMC, Secunderabad, TS. DEVELOPMENT ,High Court for the State of Telangana, at Hyderabad [OUT]

4. Two CCs to GP FOR I\4UNICIPAL ADIVINISTRATION AND URBAN 5. One CC to SRl. KANUMURI KALYANI, Advocate [OPUC] 6. One CC to SRl. G. MADHUSUDHAN REDDY, SC FOR GHMC [OPUC] 7. One CC to SRl. PADALA PRAVEEN KUMAR, Advocate [OPUC] B. Two CD Copies BM BS CC TODAY ,'i ie S ?*;*i .//1 ai'- ' () t 11FiBffi \?- \ 7_ C1 t HIGH COURT DATED:0510212025 I ORDER WP.No.23939 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ?tI r, -----lr-. \ lt l2- [2_< \u cep-o-.,r,