✦ High Court of India · 21 Aug 2025

1. Khursheed Hussain v. The State of Telangana

Case Details High Court of India · 21 Aug 2025
Court
High Court of India
Decided
21 Aug 2025
Bench
Not available
Length
1,065 words

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 pass an order, direction or writ particularly in the nature of writ of i\rlandamus declaring the inaction of the Respondents No.2 to 6 on the representation of the Petitioner dated 22-07 -2025 and on 2310712025 in respect of illegal construction being carried out by the Respondent No. 7 in and over the property bearing H.No. 21-4-97198, admeasuring 106.64 Square Yards, situated at Hussaini Alam, Hyderabad, TS, as illegal, arbitrary, and unco nstitutional. Consequently this Hon'ble Court may be pleased to direct the Respondents No. 2 to 6 to take imrnediate and necessary action against the illegal construction being raised by the Respondent No. 7 in and over the house prol)erty bearing No. 21-4- 97198, admeasuring 106.64 Square Yards, situated at Hussaini Alam, Hyderabad, TS IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in tlib circumstances stated in the affidavit fileC in support of the petition, the High Court nray be pleased to pass an lnterim Direr;tion thereby directing the Respondents No.2 to 6 to stop the illegal construction being carried out by the Respondent No. 7 on the subject property bearing house No. 21-4-97198, admeasuring 1 06.64 Square Yards, situated at Hussaini Alam, Hyderabad, TS, and demolish the illegal structure being raised over the said property without the sanction plan or p,:rmit and demolish the entire illegal structure standing on the subject property Counsel for the Petitioner: SRl. MOHAMMED ADAM Counsel for the Respondent No.1: GP FOR MCPL ADMN TJRBAN DEV Counsel for the Respondent Nos.2 to 6: SRI RAPARTI VENKATESH SC FOR Greater Hyderabad Municipal Corporation Counsel for the Respondent No.7: -- The Court made the following: ORDER .Ff*_w/ ,.. ,/ HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No.24746 OF 2025 ORDER:(ORAL) Aggrieved by the inaction of respondent Nos.2 to 6 on the representations-complaints of the petitioners dated 22.O7.2025 and

23.O7.2025, regarding illegal construction being carried out by respondent No.7 in the property bearing H,No.21-4-97198, admeasuring 106.64 square yards, situated at Hussaini Alam, Hyderabad, this writ petition is filed by the petitioners

2. The petitioners claim to be residents of Fatima Colony, Hussainialam, Hyderabad, and respondent No.7 is their neighbour residing in the same Colony. Respondent No.7 illegally constructed G+3 structure on the property bearing H.No.21-4-97198, admeasuring

106.64 square yards, situated at Hussaini Alam, Hyderabad, without obtaining municipal permission and by encroaching the public road. The unauthorised construction undertaken by respondent No.7 is posing serious risk to other structures and causing nuisance to the petitioners and the residents of their Colony. The petitioners submitted representations dated 22.07.2025 and 23.07.2025 to respondent Nos.2 to 6 to take action against unauthorised construction being taken up by respondent No.7, but so far no action has been taken on 2 i the said representations, as such, the petitioners rrre constrained to approach this Court.

3. Heard Mr. Mohammed Adam, learned counsel for the petitioners, and N4r. Raparti Venkatesh, learned Standing Counsel for Greater Hyderabad tvlunicipal Corporation, appearing for respondent Nos.2 to 6, and perused the material available on record.

4. Learned Standing Counsel for respondent Nos.2 to 6 submitted that appropriate action will be taken on the representations of the petitioners.

5. Recording the above submissions, the writ petition is disposed of directing respondent No.S - Depuly Commissioner Circle 9, GHMC, Charminar Zone, Hyderabad, to consider the representations of the petitioners daled 22.07.2025 and 23.07.2025, regarding unauthorised construction allegedly made by respondent No.7 in the premises bearing H.No.2't-4-97198, admeasuring i06.64 square yards, situated at Hussaini Alam, Hyderabad, by issuing notice to the petitioners and respondent No.7 and aflording them an opportunity of hearing, and pass orders, in accordance with law, within a period of four (04) weeks from the date of receipt of a copy of this order. Notice to respondent No.7 is dispensed with. However, if 1 / To, J respondent No.7 is aggrieved by this order, libe(y is granted to her to seek modification of this order. No order as to costs. As a sequel thereto, miscellaneous - applications, if any, pending in this writ petition stand closed. SD/. AHMED ABDULLA KHAN ANT REGISTRAR A //TRUE COPY// E TION OFFICER

1. The Principal Secretary, Department of Municipal Administration and Urban Developmbnt, Dr.B.R. Ambedkar, Telangana Secretariat, Hyderabad

2. The Commissioner, Greater Hyderabad [/unicipal Corporation, CC Complex, Tank Bund Road, LowerTank Bund, Hyderabad 500063

3. The Zonal Commissioner, South Zone, Greater Hyderabad Municipal Corporation, Hyderabad.

4. The Chief City Planner, Greater Hyderabad lvlunicipal Corporation, Tank Bund, Hyderabad.

5. The Deputy Commissioner, Circle 9, GHMC, Charminat (Z), Hyderabad. 6. The Assistant City Planner, Circle 9, GHI\/C, Charminar (Z), Hyderabad. 7. One CC to SRl. MOHAMMED ADAM Advocate [OPUC] 8. One CC to SRI RAPARTI VENKATESH SC FOR Greater Hyderabad Municipal Corporation [OPUC]

9. Two CCs to GP FOR MCPL ADMN URBAN DEV ,High Court for the State of Telangana. [OUT] '10. Two CD Copies KKS PVL Fr HIGH COURT DATED:21 10812025 \\\ o: c (\ ,r, :, l ] 17 sEP ;IM 2r, k !sr,,,l r-,'i' ,t.l _,),' ORDER WP.No.24746 ot 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS 13 ."fl"A \(-\--)1\"') \5t \'

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