Ardhi Vikramaditya Varma v. The State of Telangana

4. The Assistant City Planner, GHMC, Circle-30, Begumpet Division, Hyderabad. 5. M/s Agrasern Constructions,, Rep by its Managing Partner Mr. Sushil Kumar Agarwal, S/o Late Niranjan Lal Agarwal, aged.about 60 years, Occ Business, O/o N-503, Vamsy Spans Collective Homes, ltilayuri Marg, Begumpet, Hyderabad 500016 R5 is impleaded as per C O. dt. 13.09.2024 in LA. No. 312024. ...RESPONDENTS I t 't"". Petition undbr.Article 226 of lhe Constitution of lndia praying that in the circumstances stale(,;in the affidavit filed therewith, the High Court may be pleased to issue any wrlt, order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the Respondents more particularly Respondent No. 0-rto 4 herein in not removing the demolished debris Lying on the Sth floor (ter,frce),of the building bearing Municipal No. 1-10-23 1/B, Agrasen Pride, Brahmanwadi, Begumpet, Hyderabad-500016, despite of the Petitioner making Specific Representation dated '1410812024 addressed to the official respondents is illegal, arbitrary and consequently to direct the Respondent No. 2 to 4 to remove the demolished Debris lying on the Sth floor (terrace) of the building bearing Municipal No. 1-10-23'118, Agrasen Pride, Brahmanwadi, Begumpet, Hyderabad-5000'1 6. lA NO: 1 OF 2024 I I I 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 remove the demolished debris lying on the Sth floor.(-ierrace) of the building bearing Municipal No. 1-10-231/8, Agrasen Pride, Brahmanwadi, Begumpet, Hyderabad-s00016 lA NO: 2 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 Permit the Petitioner to remove the demolished debris lying on the Sth floor (terrace) of the building bearing Municipal No. 1-10-23 1/8, Agrasen Pride, Brahmanwadi, Begumpet, Hyderabad-500016, Counsel for the Petitioner : SRI E VENKATA SIDDHARTHA Counsel for the Respondent No 1: GP FOR MCPL ADMN URBAN DEV Counsel for the R.espondents No 2To 4: SRI G MADHUSUDHAN REDDY SC FOR GHMC Counsel for the Respondents No 5 : SRI V M M CHARY The Court made the following: ORDER HONOURABLE SRIJUSTICE B, VIJAYSEN REDDY I WRIT PETITION No.24625 OF 2024 ORDER: (ORAL) This writ petition is filed seeking to declare the inaction of respondent Nos.2, 3, and 4 in removing the debris lying on the 5th floor (terrace) of the building bearing Municipal No-1-'10-231/B, Agrasen Pride, Brahmanwadi, Begumpet, Hyderabad, despite the representation of the petitioner dated 14.08.2024 addressed to the official respondents, as illegal and arbitrary.

2. Heard Mr. E. Venkata Siddhartha, Iearned counsel for the petitioner; Mr. G. Madhusudhan Reddy, learned Standing Counsel for GHMC, appearing for respondent Nos.2 to 4, and Mr. V.M.M. Chary, learned counsel for respondent No.5, and perused the material available on record.

3. Learned counsel for the petitioner submitted that order dated 13-09.2024 has been passed by this Court recording the submission of the learned Standing Counsel for GHMC that necessary arrangements would be made for removing the debris by collecting necessary charges from the petitioner. The petitioner is ready to pay the charges that would be incurred by the GHMC for removing the debris. However, for reasons best known to them, the GHMC authorities are delaying the p rocess of removin g the!ebris. ( t 2

4. Mr. V.M.M. Chary, learned counsel for respondent No.S, submitted that debris lying on the 5th floor (rooftop) of the subject building would be removed by respondent No,5 at his costs of expenses. Respondent No.S is facing inconvenience with the petitioner and others in the subject apartment complex and attempts are being made by the petitioner to dispossess respondent No.S from the Sth floor. There is apprehension that respondent No.5 would be dispossessed the momeht the debris is removed.

5. According to the learned counsel for respondent NoS, revised building permission will be applied for by respondent No.S so that additional structures can be made in the Sth floor. However, in the guise of removal of debris, the petitioner is claiming that the 5th floor is a common utility area and terrace, over which respondent No.S does not have exclusive rights.

6. Learned counsel for the petitioner submitted that revised building permission for the sth floor cannot be granted in terms of G.O.Ms.No.168 dated 07.O4.2O12, which is seriously disputed by learned counsel for respondent No.S.

7. Taking note of the above submissions, the writ petition is disposed of directing respondent No.S to remove the debris lying on the Sth floor (terrace) of the building bearing Municipal No.1-10-23.t/B, 3 Agrasen Pride, Brahmanwadi, Begumpet, Hyderabad, within a period of three (03) weeks from the date of receipt of a copy of this order. Further, it is made clear that respondent No.S is at liberty to apply for revised building permission. If such application is filed, the same shall be considered by the authorities in accordance with law by issuing prior notice to the petitioner, respondent No.5 and other interested persons. No order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed ,TRUE COPY// SD/- U.SUDHA ASSISTANT REGISTRAR 6 SECTION OFFICER To,

1. The Managing Partner, M/s Agrasern Constructions, Mr. Sushil Kumar Agarwal, SJo Late Niranjan La.i Agarwal, aged- about 9p Vea1s, Occ Business, O7o N-503, Vamsy Spans Collective Homes, Mayuri lt/larg, Begumpet, Hyderabad 500016.

2. One CC to SRI E VENKATA SIDDHARTHA Advocate [OPUC] 3. Two C-Cs to'@ FOR I'4CPL ADMN URBAN DEV ,High Court for the State of Telangana"at +lyderabad. [OUT]

4. One CC to SRI G MADHUSUDHAN REDDY SC FOR GHMC' [OPUC] 5. One CC io SRI SRI V M M MURTY, Advocate IOPUC] 6. Two CD Copies ,o D-N PSK l l HIGH COURT DATED:1 011112025 ORDER WP.No.24625 of 2024 ( IT{E S a a2 fis wfr * _1. I -4" DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ 6o1,t'J fi.: 3ollL(