High Court · 2025

flamod Kumar Gupta, S/o. Late Sri Basanti Lal R/o H.No. B-2-2931A21N2, Plot No. 10578.12, Road No. 52, Jubilee Hills, Hyderabad, Telangana State ...RESPONDENTS 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 any writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the official Respondents by not initiating any action on the representation Dated . 3010612024 by the petitioner against the illegal construction carried out by the Respondent No.S over land admeasuring 7.25 Sq.Yds of land in premises bearing No.21- l -751 to 21-1-758, Rikab Gunj, Patel Market, Charminar, Hyderabad, as illegal, arbitrary and against the principles of natural justice and in violation of Articles 14 and 2'l of the Constitution of lndia, consequently direct the official Respondents to take action against the illegal and unauthorized construction being carried out by the Respondent No.5 over land admeasuring 7.25 Sq.Yds of land in premises bearing No.21-1-751 to 21-1-758, Rikab Gunj, Patel [\/arket, Charminar, Hyderabad IANO:1O F 202t4 Petition un re r Section 15'r cpc praying that in the cirrrmiltances stated in the affidavit fiterl rr support of the petitio;, if,Liigt, Co,r ,r-r"/ Lu;;;;. suspend the tru r rr r r rq lrermission vide Fire No. 4264-62lc H rrlc, r q zail z6if, ," iiteo 1810812024 issuerl rv ihe officiar Respondents to ir," p"rtior,u,. i,, i"rpl.ttiil"o admeasuring ,r,[ ]tq.,fds of tand in 'pr"rirui b";;ing No.21-1_;.51 to 2i_1_758, Pater r4art<et, Charminar, HVO"*O"O,-p"nding cispcsat oi main Writ F*il""Orr, lA NO: 2 OF 2024 Petition unde Se:ction.lgi CpC praying that in the circu xs.:ances stated in the affidavit filed ir s upport-of petition, ti uiilf,'C"r.t may be tr,leased to direct the official Respotlients to. stop ihe irregar anl"unluthorizec :orrstruction being glrji"!..oyt by the ries,ondents No.S at"premiiel ;earing No 21-1-751 to 21-1- t)atet Market, Charminai, uvolirr"o, pJnoinq cisposat o'ri,rin l:n9n,#ffi:rornj ,the Counsel for the pe,ritiorrer: SRl. MOHAMMED SHUJAULLAH KllA.N Counsel for the R€:iporrdent No.1: Gp FOR MCPL ADMN URBAN DEV Counsel for the Res;rrondent Nos.2 to 4: SRt K. RAVI MAHENDER SC FOR GHMC Counsel for the Resprondent No.5: SRI MOHAMM ED ZAK1 The Court made the tbll:wing: ORDER t THE HON'BLB SRI JUSTICE K.LAKSHMAN WRIT PETITION No.25043 oF 2024 ORDER Heard Sri Mohammed Shujauilah Khan, learned counsel for the petitioner and Sri K. Ravi Mahender, leamed Standing Counsel appearing for respondent Nos. 2 to 4.

2. Perusal of the record would reveal that 5rh respondent has obtained building permit order and work commencement letter. both dated 28.08.2024 for construction of stilt for parking and two upper floors in property i.e. House bearing H.No.2l-l-75r to 75g (old Nos. 1005 to 1007), Rikab Gunj, patel Market, Charminar Circle 9, CharminarZone, Bahadurpura Mandal, Hyderabad. He has constructed two floors additionally in deviation to the said building permit order. The same is unauthorized construction. The petitioner has submitted representation dated 30.06.2024 to the 3'd respondent with a request to take action against 5th respondent. Despite receiving and acknowledging the said writ petition, 3'd respondent did not consider the same. Aggrieved by the said inaction of the 3.d respondent, the petitioner filed the present writ petition. : -''1 2

3. Wlere::, iiri Ravi Mahender' leamed stan(lirlg cottnsel appearing tbt :esronrlent Nos'2 to 4' submitted written ittstru:tions of 3'd respondt:n, :!ating that 3'd respondent has alreadl' c')Irsi(lered the representation det:d 30'06'2024 submitted by the petitiottcr.' nspected the site and firrrrd that the 5'h respondent made cotlstrtLction o1'two floors unauthriz:< 11', 3'd respondent has issued show causc nol'ice dated 23.08.2024 IIe lLas already passed speaking order dated 0ri'11'2024 directing 5tl' re sp,,udent to remove the unauthorized constn ctlon but he has not remo\,j,1 l-herefore, 3'd respondent has also request':d the Nodal officer conilerr':1, to take steps to remove the said -r nlruthorized constructiot., pt'r'uattt to the speaking order dated 06 1 I '11024 The said written instruc t r) .)s ilre placed on record'

4. l,earll:c stiinding counsel appearing for respondeltt 'rlos'2 to 4 further submit htt tre respondent Nos'3 and 4 witt take slet;s rrgainst the 5th responcl,:l]t 11 n'strant to the speaking order dated 06 1I 2i124 strictty in accordance r'th the procedure laid down under GI{MC '\c ' 1955'

5. In tht ieht of the same, notice to 5'h respondcr-rt is dispensed with.

6. Durirrl pt:ndency of the present writ petition th( petitioner sought pennrs; ,rtt of this court to withdraw the present v;rit I'etition' He has also obtiired Court slip vide USR No.21450 of 1 )? 5 i I 3

27.02.2025. But in the light of the aforesaid facts, the requesr made by the petitioner for withdrawal of the present writ petition is rejected

7. [n view of the above discussion, this writ petition is disposed of directing the respondent Nos.3 an 4 to take necessary.steps pursue with the Nodal Officer concemed, remove the un6uthorized construction / pursuant to the speaking order dated 06.11.2024 sfrictly in accordance with law pursuant to the procedure laid down under GHMC Act. However, he shall complete the said exercise within four (4) weeks from the date of receipt of copy of this order. In the circumstances, the case, there shall be no orders as to costs. Consequently, miscellaneous petitions, if any, pending in this writ petition, shall stand closed. //TRUE COPY// To,

1. The Principal Secretary Municipal Administratio Department, Secretariat, Hyderabad' SD/. A. SRINIVASA REDDY S STANT REGISTRAR SECT]ON OFFICER Urban DeveloPment

2. The commissioner,Greater Hyderabad Municipal corporation, Tank Bund' Hyderabad, Telangana State

3. The Deputy Commissioner, GHtvlC, Circle-9' Charminar' Hyderabad 4. The Asst. City Planner, GHMC, Circle-9' Charminar Zone' Hyderabad 5. One CC to SRl. MOHAMMED SHUJAULLAH KHAN Advocate [OPUC] 6. One CC to SRI K. RAVI MAHENDER SC FOR GHMC [OPUC] ;. o;; cc to snr MoHAMTMED ZAKI Advocate toPUCl S.TwoCCstoGPFoRMCPLADl\ilNURBANDEV,High.CourtfortheStateof Telangana. [OUT] Two CD CoPies

9. KKS GJP I HIGH COURT DATED:031AY2A25 ORDER WP.No.2504ii of 2024 ( J ifrCiiy.. ll ;l , lJN Z0Z5 I a I t a inz TX*f-O a { / a DISPOSING OF THE WRIT PETITION WITHOUT CI]STS v l l : I 3 i \t