The High Court · 2025

The State of Telangana, represented by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Hyderabad. The Greater Hyderabad Municipal Corporation (GHMC), represented by its Commissioner, Tank Bund, Hyderabad. The Chief City Planner, Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad. The Zonal Commissioner, Greater Hyderabad Municipal Corporation, Serilingampally Zone, Ranga Reddy District The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Circle No.20, Serilingampally, Ranga Reddy District. The Assistant City Planner, Greater Hyderabad Municipal Corporation, Circle No.20, Serilingampally, Ranga Reddy District. The Tahsildar, Serilingampally Mandal, Ranga Reddy Distract. The Station House Officer, Gachibowli Police Station, Cyberabad Commissionerate, Hyderabad. K. Koteshwar Rao, S/o. Late K Veera Bhadraiah, Aged about 65 years, Occ. Service, R/o. H. No.'1-96/1 , Arunodaya Colony, lvladhapur, Cyberabad, Hyderabad. Kothapelli Bhargav, Sio. Sri. K. Koteshwar Rao. Aged about 38 years, Occ. Business, R/o. H.No. 1-96 I 1, Arunodaya Colony, tvladhapur, Cyberabad, Hyderabad. M.Jangaiah, S/o M.Yettanna, Aged about 44 Years, Occ. Employee, R/o Quarter No.461, Block No.32. Pblice Line, Yousufguda, Hyderabad Smt.N.Maniamma, Wo N.Sattaiah, Aged about 75 years, Occ. Housewife, R/o. H.No.5- 20, H.S.Darga, Ranga Reddy District.' ...RES'ONDENTS 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 an appropriate writ, order or direction, more particularly one in the nature of a writ of "Mandamus" declaring the inaction on the part of the Respondent Nos.2 to 6 in taking action against the Respondent Nos.g to 12, who in the guise of Building Permission vide Permit No.5703rGHMC/ SLP/2023-FP, dated 2510412023. granted by the respondent No.3 herein, in respect of their Plot Nos 7, 8, 9 and .10, Serilingampally Mandal, Ranga Reddy District, have illegally and highhandedly trespassed into a part of the land in adjacent Sy.No,99 of Kondapur Village, Serilingampally Mandal, Ranga Reddy District, which belongs to the family of the Petitioner and thereby commenced illegal construction thereon, as illegal, arbitrary and in gross violation of principles of natural justice apart from offending Articles 14,21 and 300- A of the Constitution of lndia besides contrary to the provisions of the Greater hyderabad Municipal Corporations Act, 1955, and the Building Byelaws made therein, consequently, direct lhe Respondenl Nos.2 to 6 to forthwith remove all such illegal constructions made by the Respondent Nos.9 to 12 in and over the said property. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Courl may be pleased to direct the Respondent Nos.2 to 6 to take urgent steps to stop the ongoing illegal constructions being carried on by the Respondent Nos.9 to 12 tn and over the land in Sy.No.99, of Kondapur Village, Serilingampalty Mandal, Ranga Reddy District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI. K.SRINIVAS REDDY Counsel for the Respondent No.1: GP FOR MCPL ADMN UREAN DEV Counsel for the Respondent Nos.2 to 6: SRI G. MADHUSUDHAN REDDY SC FOR GHMC Counsel for the Respondent No.7: GP FOR REVENUE Counsel for the Respondent No.8: GP FOR HOME Counsel for the Respondent Nos.9 to '12: SRI B. VENKATESWAR RAO The Court made the tollowing: ORDER HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.28317 OF 2023 ORDER: (ORAL) This writ petition is filed by the petitioner seeking the following relief: '...to issue an appropriate Writ, order or direction more particularly one in the nature of a *'rit ol'Mandamus declaring the inaction on the part ofthe Respondent Nos.2 to 6 in taking action against the Respondent Nos.9 to l2 rvho in the guise of' Building Permission vide Permit No.5703/GHMC/SLl'}/ 20238P dated 25/0412023 granted by thc respondent No.3 herein in respect of their Plot Nos.7, 8, 9 and l0 Serilingampally Mandal, Ranga Rcddy District. have illegally and highhandedly trespassed into a part of the land in adjacent Sy.No.99 of Kondapur Village Seritingampally Mandal Ranga Reddy District which belongs to the lamily ol the Petitioner and thereby commenced illegal construction thcreon as illegal arbitrary and in gross violation of pricniples of natural justice apart from offending Articles 14, 2l and l00A of the Constitution of India besides contrary to the provisions ol the Greater Hyderabad Municipal Corporations Act 1955 and the Building Byelaws made therein consequently direct the Respondent Nos.2 to 6 to forthwith remove all such illegal constructions made by the Respondent Nos.9 to l2 in and over the said property and pass...'

2. Heard Mr. K. Srinivas Reddy, leamed counsel for the petitioner; Mr. G. Madhusudhan Reddy, leamed Standing Counsel for GHMC appearing for respondents No.2 to 6; Mr. Venkateswar Rao, learned counsel, appearing for respondent Nos.9 to 12, and perused the material on record. r-- \ 2

3. Learned counsel for the petitioner submitted that the mother of the petitioner Smt. Abbineni Anasuya was the absolute owrer and possessor of land admeasuring Ac.l6.13 guntas in Sy.No.99 siruated at Kondapur Village, Seritingampally Mandal, Ranga Reddy District, having acquired the same under a final decree passed by the learned Court of Munsif Magistrate, Hl,derabad West in O.S.No.62 of 1963 dated 12.09. 1963. The name of the petitioner's mother has been reflected in all the revenue records. The rnother of the petitioner died intestate <>n 29.12.2000, leaving behind the petitioner and his three sisters as lcgal heirs and successors-in-inlerest, thus they have become absolute owners of the subject propert)'. It is stated that the subject land was part of Hyderabad Urban Agglomeration and declaration was filed under Section 6 ol the Urban Land (Ceiling and Regulation) Act, 1976, (hereinafter called as the "ULC Act") by the rnother of the petitioner and orders were passed under Section 8(a) of the ULC Act, on 05.03.1983 declaring her as surplus owner to an extent of 4,25,823 square meters' The mother ol the petitioner filed an appeal vide Appeal No'62 of 1999 before the Appellate AuthoritY under the ULC Act' During the PendencY of the APPeal' ranted on 18'08'1999' Alter expiry of interim order ol status quo was g the mother of the petitione r ort 29'12'2000' the petitioner lnd his three -- I , sisters were not brought on record and later notice under Section l0(5) ol the ULC Act was issued in the name of the dead person (mother of the petitioner), who expired on 29.12.2000. Subsequently, order under Section 10(6) dated 02.02.2008 was passed again in the name of the deceased mother of the petitioner and possession of the land rernaining 4,25,823 square meters was allegedly taken on 11.02.2008 under a panchanama. Subsequently, Govemment allotted entire surplus land under G.O.Ms.No.978, dated 02.08.2008. W.P No. 18342 of 2008 was filed by the petitioner challenging said G.O.Ms.No.978, dated

02.08.2008, and the said writ petition was disposed of vide orders dated

02.03.2009.

4. It is the case of the petitioner that originally his mother was the owner ofthe subject property and after her death, the petitioner and his sisters became the owners of the subject property by intestate succession. The grievance of the petitioner is that respondents No.9 to 12 have applied for buirding permission from respondent No.3 in respect of plot Nos.7, 8, 9 and r0 forming part of Sy.No.l02lp of Kondapur viilage, vide File No.010298/GHMC/5058/SLp2/2022-Bp No.5703/GHMC/SLp/2023_Bp, permtt dated 25.04.2023. rn the guise of -1 \- building perm ission for the plots in Survey No. I 0 2/P of Kondapur Village, respondent Nos.9 to 12 have trespassed inkr the land of the petitioner ln Sy.No.99 of Kondapur Village and commenced construction. It is stated that on complaint of the petitioner, office of respondent No.5 vde Letter No.1222/TPS/Cir-20lGl{MC12021., dated

01.11.2021 requested respondent No.7 to inspect the site and conduct survey by providing location map as to whether plots claimed by M/s Shreemukhi Homes, which are abutting the existing 60 teet road on the eastern side, are lblling ln Survey No.99 or Survey No. 1021P of Kondapur Village. Thereafter, respondent No'7 conducted survey and submitted report to the Deputy Commissioner' Circle No'20' Serilingampally, GHMC, vide Letter No'Bl42ll202l' dated 18'01 '2022 along with a sketch map enclosed therewith' wherein it has been shown that site No.l in which IWs' Shreemukhi Homes is making constructions abutting 60 feet road on the eastem side' is falling in Sy'Nos'99 and 100 whereas site No'2 in which respondent Nos'9 to l2 started constructing compound wall is in land falling in Sy'No'99' but not in Sy'No'102/P wherein their Ptots are situated' I 1 7 )

5. Mr. Venkateswar Rao, learned counsel, representing Mr. M.V. Durga Prasad, learned counsel for respondent Nos.9 to 12, submitted that the cause in this writ petition does not survive for further adjudication. Pursuant to the complaint of the petitioner, show cause notice dated

02.07.2024 has been issued to the petitioner under Section 450 of the Greater Hyderabad Municipal Corporation Act, 1955. The petitioner submitted detailed reply dated 19.07.2024 to the show cause notice. [t is further submitted that the petitioner does not possess even an inch ol land in the subject property. Learned counsel placed on record letter vrde Lr.No.43 7/Addl. SP/Vig-Win gl GHMCI 2025 dated 10.07 .2025 addressed by the Additional Superintendent of Police, Vigilance Wing, Head Office, GHMC, Hyderabad to the Chief City Planner, Head Office, GHMC, Hyderabad, wherein it is held that respondent Nos.9 to l? are genuine and bonafide purchasers of the said plots and they have been in possession of the plots since 30 years. Further Sri Abbineni Srinivas Rao and family members have alienated their lands in 1993 and their claims may be rejected.

6. Learned Standing Counsel for GHMC submitted that enquiry is being conducted pursuant to the show cause notice dated 02.07.2025 and .: t I i I I I I appropriate orders will be passed by affording an opportunity of hearing to all the parties.

7. Taking note of the fact that respondent authorities have issued show cause notice dated 02.07 -2025 to the petitioner pursuant to his complaint, the cause in the writ petition does not survive for further adjudication. lt rvill sufhce to state that respondent No.2 shall conduct enquiry by aftbrding an opportunity of hearing to thc petitioner and respondent Nos.9 to 12 and alt other concemed/interesl ed parties, and pass orders in accordance with [aw, as expeditiously possible, preferabty within a period of six (6) weeks from the date of receipt of a copy of this order.

8. With the above observations, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed. //TRUE COPY// SO/.A.V,S. PRASAD DEPUTY REGISTRAR \\ ECTION OFFICER To, '1 . The Principal Secretary, Municipal Administration and Urban Development, State of Telangana, Secretariat Buildings. Hyderabad. 2. The Cornmissioner, Greater Hyderabad lVlunicipal Corporation (GHMC). Tank Bund, Hyderabad.

3. The Chief City Planner, Greater Hyderabad Municipal Corporation, Tank 4. the Zonal Commissioner, Greater Hyderabad Municipal ()orporation, Bund, Hyderabad. Serilingampall'r' Zone, Ranga Reddy District. Com m iss ionerate, HYderabad. Circle No.20. Serilingampally. Ranga Reddy Dis-trict Circle No 10, Serilingampally, Ranga Reddy Distnct'

5. The Deputy Commissioner, Greater Hyderabad Municipal Corporatign 6 iil G;iaA;t-city et"inn'er, 6reatei Hyderabad Municipal corporation' z irre ianirroir, Seriliigampaily Mandal,Ranga^Reqdy District, 8 The Station House Officer, Gachibowli Police Station. CyberaDao 9. o;e Cc to sRt. K.ShlNlvAS REDDY Advocate [oPUC]- io.T*o ccs to Gp FOR MCPL ADMN URBAN DEV, High courilor the srare r r.iwo cCi to c'p roh REVENUE, High Court for the State of Telangana. t z. two iCs to GP FOR HOME, High Court for the State of Telangana ra bne ic to sRl c. MADHUSUDHAN REDDY, sc FoR GHI/c [oPUC] i4. o;; cc io snt B. VENKATESWAR RAO, Advocate [OPUC] 15.Two CD CoPies of Telangana. [OUT] touTl TOUTI \ CHR / ! ! I I HIGH COURT DATED:03 t09t202s ORDER W.P.No.28317 ot 2023 \ :r a)a TII52 .)^ .: -}. DTSPOSING OF THE WRIT PETITION WITHOUT COSTS @ lnn- 1 \