Sikh Gurudwara Trust Board v. The Commissioner

Petition uMer Article 226 of the Constitution of lndia praying that in th circumstances stated in the affidavit filed therewith' the High Court may b {Til e ..RESPONDENTS L:-: . . pleased an order or orders one in the nature of writ of Mandamus by declaring the inaction of the respondent No.'l and 4 for not taking steps as per the law against the Respondent No.5 to 10 who has made a illegal construction without obtaining a valid permission from the Respondent No.'l to 4 in resper;t of the Sikh Gurudwara at Nalla Bagh, Sikh Chowni, Uppuguda, Bandlaguda Mandal, Hyderabad district total admeasuring B acre 3 guntas, in view of the representation made by the petiticner on 25.7.2OO9 before the Respondent No.1 and 4 and declare the same as k)tally illegal, arbitrary against the principle of natural justice. l.A. NO: 1 OF 20091WPMP. NO: 28155 OF 2009) Petition under liection 151 CPC praying that in the circumstances stated in the affidavit filed in r;upport of the petition, the High Court may be pleased direct the respondent No.1 and 4 to demolish the illegal construction made by the Respondent No.5 t,: 10 without obtaining a valid municipal permission and - sanction plan from thei Respondent No.1 to 4 herein in respect of sikh Gurudwara at Nalla Bagh, Sikh C:howni, Uppuguda, Bandlaguda Mandal, Hyderabad district total admeasuring B acre 3 guntas, in view of the representation made by the petitioner on 25-7.2009 before the respondent No.'l and 4, till the disposal of the Writ Petition. Counsel for the Petitii)ners: SRI SURESH SHIV SAGAR Counsel for the Respr:ndent Nos.1 and 2: SRI RAPARTHI VENKATESH, SC Counsel for the Respondent Nos.3 and 4: Gp FOR ENDOWMENTS Counsel for the Respondent Nos.s to 10: M/S VANI The Court made the following: ORDER /..' HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.21673 OF 2OO9 llilj, ORAL ORDER: Heard Sri Suresh Shiv Sagar, learned counsel for the petitioner, Sri Raparthi Venkatesh, learned standing counsel for respondent Nos.1 and 2 and learned Assistant Government Pleader for Endowments for respondent Nos.3 and 4. Perused the record-

2. This writ petition is hled to declare the inaction ol responclent No.l and 4 in not taking steps against respondent Nos.S to 10 for making illegal construction r.r,ithout obtaining a valid permission from respondent Nos.l to 4 in respect of Sikh Gurudwara at Nalla Bagh, Sikh Chowni, Uppuguda, Bandlaguda Mandal, Hyderabad, as illegal. 3 This writ petition was liled in the year 2OO9' There no interim orders. The matter was adjourned lor getting instructions. IIHI 2 il[L +. In the light of the same, this Court directed Sri Raparthi Venkatesh, learned standing corrnsel for responder-rt Nos.1 and 2 to get instructions. He has produced n rittcn instructions of Asst. City planner, Circle-8, Chandrayangutta, Charminar Zone, GHMC, wherein, it i:; stated that petitioner herein has submitted one more reprcsentation on O9.O9.2O24. The sirme was considered, :r sho'uv cause notice d,ated 24.09.,.2024 was issued. Spe,lking order clated 04.LO.2024 \^ras also passed.

5. It is fir.ther statecl that a notice O4.O4.2,O22 was issued to rt:spondent No.5 directing him to submit explanatio. :rs to r.r,hy clcviated portion of unarrthorized constructionL shall not be removed. It is further stated that responder-rt No.S has constructed unauthorizedly and illegall-y ( iround + 1 uppcr floor. He is also directed to produce ctocuments within seven (7) days. Thr:reafter, a show ciluric notice dated 24.0g.2024 was issued. Respondenr No.S has not submitted any explanation. A spcaking orcle'r datec{ 04.1O.2024 was passed directing 'ffi' 3 respondent No.S to remove the unauthorized construction and deviated portion within (15) days However, the Deputy Commissioner, Circle 8, GHMC will take further action against respondent No.S in accordance'with Iaw. He has produced the copies of the aforesaid speaking order along with the written instructions. The same are placed on record.

6. In the light of the sarne, this writ petition 1S disposed ol directing the Deputy Commissioner, Circle 8, GHMC, to take action against respondent No.5 pursuant to speaking order dated 04.1O.2024 strictly in accordance with law. However, liberty is granted to respondent No 5 to challenge the speaking order dated 04.LO.2024. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPY// ASSIS SD/.N.SRIHARI T REGISTRAR ECTION OFFI CER l To, I 1 I

1. The Commissioner, Greater Hyderabad Municipal, Corporation, Tank Bund, , ?il:I33fltditv Planner. Town Plannins Section' circle No.1' sardar lVlahal' s inJ cir""ii.dion"r. Endowment Department' Hyderabad' 4 The Assistant commissiln;;' E;6ffi;"t D6pa-rtment' Hvderabad Charminar, Hyderabad. 8r.:i-Itlc,-.. a r:: i

5. One CC to Sri Suresh Shiv Sagar, Advocate [OPUC] 9. Qne CC to Sri Flaparthi Venkatesh, SC[OPUCJ 7. Two CC to The GP for Endowments, High Court for the State of Telangana, at 8. One CC to IVl/s. S. Vani, Advocate [OPUC] 9. Two CD Copies HyderabadlOtJ'll TJ KKS IgI l.li HIGH COURT DATED:23101t2025 I J i Ill I I ORDER WP.No.21673 of 2009 ,}c 1 t\t. l)'IA I6' I I q o 0 5 lrAB 2025 * * sr r, ,'.q i_t!. DISPOSING OF THE WRIT PETITION WITHOUT COISTS s€ 1B