The High Court · 2025

circumstances stated in the affidavit filed therewith, the High Court may be r pleased to issue a Writ, Order or direction more particularly one in the nature of Mandamus or any other appropriate writ order or direction declaring the action of the respondenis particularly Respondents No.2 and 3 in not restoring the -footpath and roads to its original form as in the layout approved by the GHMC which is illegal, arbitrary, and violation of Article 14 and 21 of Constitution of lndia apart from violation of principles of natural justice and consequently direct the respondents no.2 to 3 to restore the footpaths and roads in Rolling hills gated community, Gachibowli, Hyderabad District as per the approved layout. lA NO: 1 OF 2025 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 No- 2 and 3 to stop the removal of footpath and roads for the purpose of parking space, pending disposar of the writ petition. lA NO: 2 OF 2025 Between: The.Rollin.g H.ills House Owners Welfare Association, Rep by its, president, Gachibowli, Hyderabad. .........Petitioner/Respondent No 4 AND

1. sri. Vankayalalqti V!.n"!h. s/o. late v.R. Naidu, Aged about 56 years, occ- Business, R/o.'plot No. B-34, Rotiins niiri, ciihibofi,i-Ht;;;brd:i;Ei.,s-"n" State.

2. The State of relangala, lgp by its principal Secretary Municipal Administration and Urban Development Qepartment Secretariit Hyderabad, TS Secretariat, BRK Bhavan, Saifabad, Hyderabad.

3. The Zonal C_o.mmissioner, Serilingampally Zone, GHMC, Sherilingampaly, Hyderabad District. 4- The Town Planning Officer, Sherilingampally, Sherilingampally, Hyderabad ........Respondents t Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, th" Higf, Court may be pteased to vacate the interim order dated 22l\l2o2s passed in wp 2s0gs of iozs. counsel for the Petitioner: sRt RAMAVARAM GHANDRASHEKAR REDDY counsel for the Respondent No 1: Gp FoR MpcL ADMN & URBAN DEV counsel for the Respondents No 2 & 3: sRt G. MADHUSUDHAN REDDY sc FOR GHMC Counsel for the Respondent No 4 : SRI T SHARATH I The Court made the following: ORDER ) HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.25095 OF 2025 ORDER: (ORAL) This writ petition is filed to declare the action of respondent Nos.2 and 3 in not restoring the footpath and roads in the Rolling Hills Gated community situated at Gachibowli, Hyderabad, in its original form as per the layout approved by the GHMC, as arbitrary and violative of Articles 14 and 21 of the constitution of lndia, and consequentty, to direct respondent Nos.2 and 3 to restore the footpath and roads in the said gated community as per the approved layout.

2. The petitioner is the resident of the Rolling Hills Gated Community situated at Gachibowli, Hyderabad. He owns a villa in Plot No.B-34 in the said gated community. The grievance of the petitioner is that respondent No.4 Association has removed the footpath in the gated community and utilising the same for parking area. lf footpaths are removed and the residents start parking their vehicles on the road, I it will cause significant trouble and hardship to the residents of the gated community in walking and it will also pose threat to the safety of the residents as well as children while walking on the road. The petitioner submitted representation dated 06.08.2025 to respondent No.2 regarding illegal and unauthorised activity of respondent No.4 in 2 removing the footpath in the gated community, but so far action has not been taken.

3. lt is stated that W.P.No.24545 of 2025 was filed by the petitioner questioning removal of footpaths and roads in the gated community, and the same was disposed of by order dated 20.08.2025 directing the respondent GHMC to consider the representation of the petitioner dated 06.08.2025 within a period of four weeks.

4. Heard Mr. R. Chandrashekar Reddy, learned counsel for the petitioner; Mr. G. Madhusudhan Reddy, learned Standing Counsel for GHMG, appearing for respondent Nos.2 and 3; Mr. T. Sharath, learned counsel for respondent No.4; and perused the material available on record.

5. Learned counsel for the petitioner submitted that despite the order dated 20.08.2025 passed in W.P.No.24545 ot 2025, respondent No.3 has failed to take action against respondent No.4 and respondent No.4 is proceeding with work expeditiously by engaging more labourers and machinery and if relief as sought in the present writ petition is not granted, the petitioner and other residents of the gated community will suffer irreparable loss and injury.

6. Learned counsel for respondent No.4 submitted that respondent No.4 Association has not violated nor any deviation is made by the ) 3 Association in respect of the sanctioned plan of the gated community' There is no attempt made by respondent No.4 to remove the footpath and earmark the same for vehicle parking. There is 6 feet way left open for utilising the same as footpath. 3 feet stretch thereafter lying above the road level has been used for laying utility lines (water channels and cables) and this is being misconstrued as footpath by the petitioner' The hardship which is projected by the petitioner is only temporary and as and when the channels/pipes aie laid' the pits that are dug are immediately filled up and covered. T.LeamedcounselforrespondentNo.4furthersubmittedthat entire work undertaken by respondent No.4 has come to a standstill. There are 110 villas in the gated community and none of the villa ownersi have any grievance except the petitioner. The petitioner has some personal issues regarding his villa and the same will be sorted out by respondent No.4 Association. The work undertaken by respondent No.4 is for the common road of the gated community and to ease the traffic congestion.

8. Learned Standing Counsel for respondent Nos'2 and 3 submitted that pursuant to the order dated 20'08'2025 in W.P.No.24545 of 2025, enquiry was conducted by the Deputy Commissioner, Serilingampally, Circle-2O, GHMC' and order dated

09.09.2025 was passed. lt lStbserved in the said order that the team I \ 4 of GHMC has inspected the colony and found that greenery is maintained on either side of the road and warkways are not encroached by any constructions; the representation of respondent No.4 stating that they have taken up re_carpeting roads with pavers by virtue of which the uniformity of roads and ramps wiil be maintained with a clear carriage way of 2g feet after leaving 6 feet on either side for greenery and footpaths in the 40 feet road and similarly a clear caniage way of 40 feet after leaving 10 feet on either side for greenery and footpaths, was taken note of and finally the order was passed directing respondent No.4 to maintain free and accessibre pathways for pedestrians on either side of road and arso to maintain the footpath lane always free.

9. Learned counsel for respondent No.4 submitted that thJ petitioner has some vasthu issues and respondent No.4 would endeavour to resorve such issues and ensure that the petitioner is not put to any inconvenience. a 't0. rn view of the above discussion and taking note of the order dated 09.09.2025, which is passed in compliance of the order dated 2o'08'2o2s in w.p.No-24s4s of 202s, the writ petition is disposed of. No order as to costs. t / 5 As a sequel thereto, miscellaneous applications, if any, pending in this writ oetition stand closed. //TRUE COPY// SD/.B. REKHA RANI ASSISTANT REGISTRAR 6 SECTION OFFICER To,

1. The principal Secretary Municipal Administration and.UrbanDevelopment : Oepartmefii, State of fe[angana, Secretariat Hyderabad, TS Secretariat, BRk Bnavan, Saifabad, HYderabad.

2. One CC to SRI RAMAVARAM CHANDRASHEKAR REDDY Advocate loPUCl \

3. Two CCs to Gp FOR MCPL ADMN URBAN DEV ,High court for the state of Telangana. [OUT]

4. one cc to sRl G. MADHUSUDHAN REDDY SC FOR GHMC, IOPUCI

5. One CC to SRI T SHARATH, Advocate [OPUC]

6. Two CD CoPies DAN t". a.' HIGH COURT DATED:1311012025 ORDER WP.No.25095 of 2025 {liF- S14 i6' 0 I JAN '[ii '- orJ (. -* ' jt-.s^ '-.' t a DISPOSING OF_.THE -WRIT PETITION WITHOUT COSTS Jr ..i:+f;.,:i.i*tg:..