Shaik lsmail v. 1. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stateri 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 Writ of Mandamus, declaring the inaction of the Respondent Nos.2 and 3 more particularly the Respondent No.3 herein in issuing the lmpugned Letters vide Lr,No.216/TPSIC-21|KPZ|GHMC|2O25|31O dated 28-07-2025, Lr.No 207lTPS/C-25l KPZ lGHMCl2O25l297 dated 17-07-2025 and Lr.No 177ITPSIC-25|KPZ|GHMC|2025|248 dated 01-07-2025 for removal of illegal and unauthorized (ongoing) construction of building in deviation lo the sanctioned Stilt plus 3 Floors, i.e., additional 4 Floors above Ground level being raised by 4th Respondent., situated at premises bearing Sy.No.Subhash Nagar, near Ramavat School, Opposite H.No.07- 605/9/153, Gampala Basthi, IDA Jeedimetla, Qutubullahpur Mandal, Medchal - Malkajgir District, without considering several Representations dated 19-08-2025, 14-al-2025 and 30-06- 2025 made by Petitioner as being illegal, arbitrary, unjust a rd unconstitutional and consequently direct the Respondents to forth'r th consider the Representations dated 19'08-2025, 14-07-2025 and 30-0li 2025 lo stop and demolish/remove the illegal building (ongoing) constructiorr of an additional 4 Floors above Ground level being raised by 4th Respondent., ry setting aside the lmpugned Letters vide Lr.No.216/TPSIC-25|KPZ|GHMC|212| / 310 dated 28-07- 2025, Lr.No.2O7[TPSIC-25|KPZIGHMC|2O25| 297 datecl 17-07-2025 and Lr.No.177|TPS tC-2stKPZlGHMClzO2sl 248 dated 01-07-202a of 3rd Respondent lA NO: I OFa025 Petition under Section 151 CPC praying that in the c,i cumstances stated in the affidavit filed in support of the petition, the High Coutt may be pleased to direct the Respondents to forthwith consider the Represent; tions dated 19-08- ,2025, 14-07-2025 and 30-06-2025 to stop and demolish, Temove the illegal building (ongoing) construction of an additional 4 Floors e cove Ground level being raised by 4th Respondent., by setting aside the lmp rgned Letters vide Lr. No. 2 1 6/TP S I C-25 t KP Zl GHMC t 2025 t 31 0 dated 28-07 -202 5 Lr. No.207|TPS/C- 25lKPZlGHMCl2025l 297 dated 17-07-2025 and Lr.No.177ffPSlC- 21|KPZGHMC|2O25 l24B dated 01-07-2025 of 3rd Re;pondent; Pending disposal of the main Writ Petition Gounsel forthe Petitioner: SRl. GATTU SRINIVAS Counsel for the Respondent No.l : GP FOR MUNICIPAL AD TIINISTRATION Counsel for the Respondent Nos. 2&3: SRI K. RAVI MAHEI'I )ER, SC FOR ( iHMC AND URBAN DEVELOPMEI'I I Counsel for the Respondent No.4:-- The Court made the following: ORDER !Ar, /s HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No. 27252 0F 2025 ORDER: (ORAL) This writ petition is filed by the petitioner seeking to declare the actionofrespondentsNo.2and3innotconsideringhisrepresentations dated30.06.2025,|4.o1.2025and19.08.2025forremovaVdemolitionof unauthorized construction being raised by respondent No'4 at Subash Nagar, Near Ramavat School, opposite to premises bearing H'No'07- 60519l|53, Gampata Basthi, IDA Jeedimetla Quthbullapur Mandal, Medchat-Malkajgiri District, as being illegal' arbitrary and unconstitutiona I

2. Heard Mr. Gattu Srinivas, leamed counsel for the petitioner; Mr. K.Ravi Mahender, leamed Standing Counsel for GHMC, appearing for resportdents No.l and 3; and perused the material on record'

3. Lcarned Standing Counsel for GHMC' basing on the written instructions, subrnitted that respondent No'4 obtained building perm i s s ion tio m th e responde nt authorities v ide permit N o'27 4846 I 320 4 I GHMC/202]inFi|eNo.]74846/GHMC/582|l2o23dated2|.03.20231or construction ol residential buitding comprising of stilt + 3 upper floors in Ptot No.146 in Survey Nos244 and 316' Subash Nagar' Jeedimetla' 2 Quthbullapur. I{owever, as against the sanctioned pran. respondent No.4 constructed cellar, ground + 4 upper floors in the ubject property. In that regard, show cause norice dated 1g.03.202: was issued to respondent No.4 calling upon him to submit his explanal on as to why the construction being undertaken by him should not be den orished within a period of fifteen (15) days; respondenr No.4 did rot submit any explanation to the show cause notice. Thereafter, I nal order dated

08.04.2025 was passed by respondent No.3 directing res rondent No.4 to remove the unauthorized construction being undertakr.r by him in the subject property. Leamed Standing Counsel turther subr ritted that letter dated 23.05.2025 was addressed by respondent No.3 to rt e Nodal officer and City Planner (Kukatpally Zone), CFIMC]. euthbu Irpur requesring him to take further necessary action tbr removar < r unauthorized construction being undertaken b.v hirn in the subj e )r property in accordance with law.

4. Taking note of the fact rhar rhe finar order dated )g.04.2025 has been passed to remove the unauthorized construction b: ng undertaken by respondent No.4 and that letrer dated 23.05.2025 has reen addressed by respondent No.3 to the Nodar offrcer. KPZ, fiis 'rit petition is ::-- -2 J disposed of directing respondent No.3 to implement the final order dated

08.04.2025 within a period of four (4) weeks from the date oi receipt of a 'copy of this order. Pending such exercise, the unauthorized construction being undertaken by respondent No.4 in the subject proPerty shall be forthwith sealed.

5. Notice has been sent to respondent No.4. It appears that the said notice has not been served on respondent No.4. As order is passed without entering into the merits of the case, notice to respondent No'4 is dispensed with. However, if respondent No.4 is, in any way, aggrieved by this order, he is at liberty to approach this Court seeking for modification of this order. There shall be no order as to costs' As a sequel thereto, tniscellaneous applications, if any, pending in this writ petition, stand closed //TRUE COPYII ! SD/.P.C.SULEKHA DEVI STANT REGISTRAR ECTION OFFICER To,

4. 5. b. 7. The Principal Secretary, Municipal Administration and Urban Development gepartment (MA and UD), Dr.B.R.Ambedkar Secretariat, Hyderabad. The Commissioner, Greater Hyderabad Municipal Corporation, Lower Tank Bund Road, Hyderabad, T S The Deputy Commissioner, GH[4C Kukatpally Zone, Circle No.25, Qutubullahpur. Medchal Malkajgiri District One CC to SRi. GATTU SRtNIVAS, Advocate [OPUC] TWO CCS tO GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMETiT ,l-ligh Corii-t for the State of Telangana, at Hyderabad [OUT] one cc ro sRr. K RAV| NTAHENDER , SC FOR Gj{MC tOpuCI Two CD Copies cH(? BM HIGH COURT DATED:0711012025 ltii- STA r-- o t ?Jr tl zti EL I i I -1. Cr: .t-: I( ORDER WP.No.27252 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS rtlF.Nb