The High Court · 2025
Case Details
Acts & Sections
1 Sri Chukkaluri Raghavendra Reddy, S/o.Chukkaluri Nagi Reddy, Age. 46 years, Occ. Business, F/o. H. No.3-8-58, Ashok Nagar, Mallapur, Kapra Ranga Reddy, Medchal lVlalkajgiri District. ...PETITIONER AND 1 The State of Telangana, Rep. by its Principal Secretary, MA and UD Department, Telangana Secretariat, Hyderabad.
2. The Greater Hyderabad Municipal Corporation, Rep.by its Commissioner, Hyderabad District.
3. The Greater Hyderabad Municipal Corporation, Rep.by its Deputy Commissioner, Kapra Circle-1, Medchal Malkajgiri District.
4. Sri Laxmi Venkateshwara Towers, Rep.by Smt Voma Saritha, W/o.Voma Santhosh, Age. Major, Occ. House Wife Plot No.34, Mallapur Main Road, Kapra Circle-1 , Kapra, LB Nagar zone, Medchal Malkajgiri Diskict. R/o.H.No.1-28, Kesamudram Station, Kesamudram Mandal, Mahabubabad District. ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or orders one in the nature of WRIT OF [/ANDA[/US declaring for questioning the in action of the for illegal construction premises land mark near Elephant circle, in sy.no.B2l2 (old sy.no.B2l1 )in Mallapur Village, Uppal Mandal, Medchal-Malkalgiri District building permit Stilt plus 2 upper Floors for an extent of plot 384.56 sq.tMts (459.9339.Yds) by violating raising the construction cellarplus Ground plus 4 Upper Floors by encroaching the road affected area (231 .O3 Sq.Mts (276.30 Sq.Yds) out of 384.56 sq.mts (459.93 sq.yrds) as violating the building permit by additional construction inspite of compliant dt.28.03.2025 as illegal, arbitrary and violative of principles of natural justice. (l lA NO: 1 OF 2025 Petition under Section 15'l CPC praying that in the ,; cumstances stated in the affidavit filed in support of the petition, the High Co- 1 may be pleased to Direct the respondent no.3 to take action against th() respondent no.4 for demolish of illegal construction premises land mark ne; r Elephant circle, in sy.no.B2l2 (old sy.no.82l1 )in Mallapur Village, Uppal Man j rl, Medchal-Malkajgiri District building permit Stilt + 2 Upper Floors for an extent of plot 384.56 sq.Mts (459.93 Sq.Yds) by violating raising the construction cell: + Ground + 4 Upper Floors by encroaching the road affected arca (231.03 Sq.l\ill ; (276.30 Sq.Yds) out of 384.56 sq.mts (459.93 sq.yrds) as violating the buildirrr permit by additional construction inspite of compliant d1.2810312025, pendin( disposal of the Writ Petition. Counsel for the Petitioner : SRI K BUCHI BABU Counsel for the Respondent No 1 : GP FOR MA AND UO Counsel for the Respondents No 2 AND 3 : SRI SRINIVA{; RAO PACHWA SC FOR GHMC. Counsel for the Respondents No 4: -- The Court made the following: ORDER HONOURABLE SRIJUSTICE B. VIIAYSEN REDDY WRITPETITIoN No.26259 OF 2025 ORDER: (ORAL) This writ petition is fired by the petitioner seeking to declare the action of the respondent authorities in not considering his representation/complaint dated 2g.03.2025 with regard to the unauthorized construction made by respondent No.4 comprising of Ground + 4 upper floors by encroaching 276.30 square yards out of
459.93 square yards of the road affected area, as against the sanctioned plan for construction of stilt + 2 upper floors in the land admeasuring
459.93 square yards, near Elephant circle, in Survey No.g2i2 (old Survey No.82ll) in Mallapur Village, Uppal Mandal, Medchal_Malkajgiri District, as being illegal, arbitrary and unconstitutional.
2. Heard Mr. K.Buchi Babu, leamed counsel for the petitioner; Mr. Srinivas Rao Pachwa, learned Standing Counsel for GHMC, appearing for respondents No.2 and 3; and perused the material on record
3. Leamed Standing Counsel for GHMC submitted that W.P. No.24257 of 2025 was filed by one Mr. Kapa Hari prakash Reddy, rF-. - J- 2 T \ seeking for direction to the respondent authorities to remove the unauthorized construction made by respondent No.4 her: n comprising of ground + 2 upper floors at Plot No.34, admeasuring 46( square yards in Survey No.82l1 and 8212, situated at Mallapur, Uppal lr andal Medchal- Malkajgiri District and the 5sms was disposed of b1 the order dated
19.08.2025 passed by this Court directing respondent Nc 3 herein to take action on the complaint dated 11.08.2025 submitted ty the petitioner therein. Leamed Standing Counsel submitted that the p: itioner herein is also seeking for the very same relief.
4. In view of the same, this writ petition is disp,r ;ed of directing respondent No.3 to consider the complaint of thc retitioner dated
28.03.2025 for removal of unauthorized construction mi.r e by respondent No.4 comprising of ground + 4 upper floors by enr; oaching 276.30 square yards out of 459.93 square yards out of the lr i C af'fected area, as against the sanctioned plan for construction of stilt + . upper floors in the land admeasuring 459.93 square yards, near ilephant circle, in Survey No.82l2 (old Survey No.82/l) in Mallapur Viltage, Uppal Mandal, Medchal-Malkajgiri District, along with thc :omplaint dated
11.08.2025 of the petitioner in W.P. No.24257 ol 025 by giving J opportunity of hearing to the petitioners and respondent No.4, and pass appropriate orders in accordance with law, within a period of four (4) weeks from the date ofreceipt ofa copy ofthis order. 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// SD/. U. SUOHA SISTANT REGIST SECTION OFFICER To,
1. The Principal Secretary, State of Telangana, MA Telangana Secretariat, Hyderabad. n UD Department,
2. The Greater Hyderabad Municipal Corporation, Rep.by its Commissioner, Hyderabad District.
3. The Greater Hyderabad Municipal Corporation, Rep.by its Deputy Commissioner, Kapra Circle-1 , Medchal fiIalkajgiri District.
4. One CC to SRl. K BUCHI BABU Advocate [OPUC] 5. Two CCs to GP FOR MCPL ADMN URBAN DEV ,High Court for the State of Telangana. [OUT]
6. One CC to SRI SRINIVAS RAO PACHWA SC FOR GHMC, Advocate loPUCl
7. Two CD Copies. D-N GJP NT *5 #, i# HIGH COURT DATED:0410912025 ORDER WP.No.26259 of 2025 ,1JE ,c 2 lJAti 2026 z. 6)\ * 'i:.- {- tt\ DISPOSED OF THE WRIT PETITION VvITHOUT COSTS ,J1 . ,,\"'\'