Badri Ravinder v. The State of Telangana

Smt. S.Aruna, Wo Not known to petitioner Aged. Major, Occ: Housewife R/o H.No 12-211, Qutubullapur Village, I\4edchal Malkajgiri 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 rssue a Writ order or direction more particularly one in the Nature of Writ of lvlandamus declaring the inaction of the respondent No.'1 to 5 in not taking any action on representation dated 2010912025 with regard to illegal construction of G (PLUS) 5 floors consisting of 233 Sq.Yds in Plot bearing No 1063, in Sy. No.45 of Bhagat Singh Nagar, Phase-2, Ryder Nagar Village, Kukatpally, lt4edchal A/alkajgiri Distrrct of the 6th respondent is illegal, arbitrary and in violation of GHIt/C Building Byelaws, 1981 and A.P. Building Rules, 2012 and GHIVC Act, 1955 and consequently direct the respondent No.1 to 5 to remove the illegal I I a a c construction of G(PLUS) 5 floors consisting of 233 Sq.Yds tr Plot bearing No.'1063, in Sy.No 45 of Bhagat Singh Nagar, Phase-2, Ryder Nagar Village, Kukatpally. tvledchal tt/alkalgiri District raised by the respondent No 6 lA NO:'l OF 2025 Petition under Seclion 151 CPC praying that in the circumslances stated in the affidavit filed in support of the petition, the High Court may be pleased to remove the illegal constructron of G + 5 floors consisting oI 233 Sq.Yds in Plot bearing No.1063, in Sy No 45 of Bhagat Singh Nagar, Phase-2, Ryder Nagar Village, Ktikatpally, Medchal IMalkalgiri District raised by the respondent No.6, pending disposal of the above writ petition. Counsel for the Petitioner: SRI MUTHYALA MURALIDHAR Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for the Responc.lent No.2 to 5: SRI K. RAVI MAHENDER SC FOR GHMC The Court made the following: ORDER J t a , I I i { ) , a a -7 HONOURAI]LE SRI IUSTICE B. VIIAYSEN REDDY WRIT PETITION No.30924OF ?025 ORDEIT:(ORAL) TIr is rvrit petition is filed by the petitioner seeking to declare the action o t' the respondent authorities in not acting upon his reprcsentation dated 2(t.09.1025 with regard to the illegal construction o1'ground + 5 upper rloors undertaken by respondent No.6 in Plot No. 1063, adnreasr ring 233 squarc yards in Survey No.45, Bhagat Singh Nagar. Phase-2. Hydcr Nagar Village, Kukatpally, Medchal-Malka.igiri District, as being illega[, arbitrary and unconstitutional.

2. Il.'ard Mr. Muthyala Muralidhar, leamed counsel fbr the petitioner; Mr. K.Ravi Mahender, leamed Standing Counsel for GHMC], appearing tirr respondcnts No.2 to 5; and pelused the material on recorcl. i. Lr:anred Standing Counsel for GHMC submitted thal on cornplaint of the p,titioner, the ol'tlce records were verified and it was tbund that rcspondt:nt No.6 obtained building permission vide file No.170645/1279/ GIIMC/.1014, datcd 08.01.2024, for construction of stilt * 2 upper floors in the s -rb-ject propcrt)'. Ilowever, as against the buildin g pe nlissi<,n, respondr:nt No.6 constructed stilt + 5 upper floors in de'riatiotr of the I , \\-rI l I I sanctioned plar). As such, show cause notice dated 29.03.2()25 was issuecl to respondenl No.6 calling upon her to submit explanatiJn as to why the unauthorized construction should not be demolished. As no explanation/replv r'vas submitted, speaking order dated 22.04.2()25 was passed directing rcspondent No.6 to renlove the unauthorized constructron. [,eamed Standing Counsel submitted that furthe r action pursuant to the speaking order dated 22.04.2025 rvill be taken as expr,ditiously as por;sible in accordance with law..

4. In the circumstances, this u,rit petition is diiposed of rlirecting respondents No.4 and 5 to implement the speaking order dated

22.04.2025 within a period of lour (4) weeks flrom the date of receipt of a copy of this order. However, as 3'd, 4tr' and 5'h floors are admittedly unauthorized, respondents No.4 and 5 are directed to forthwith seal the unauthorized f'loors.

5. Notice to respondent No.6 is dispensed with. However, if respondent No.6 is, in any wa1', aggrieved by this orrler, she is at liberty to approach this Court seeking for rnodification of this order. There shall be no order as to costs. ---- To, -) A. a scquel thereto, miscellaneous applications, if an5,, pending in this writ petition, stand closed. SD/.MOHD. ISMAIL EPUTY REGISTRAR //TRUE COPY// SECTION OFFICER

1. The Principal Secretary, Municipal Administration and Urban Development Department The State of Telangana, Dr. BR Ambedkar Telangana Secretariat Saifabad, Hyderabad

2. The Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad rep. by its Commissioner

3. The Zonal Commissioner, Greater Hyderabad [Vlunicipal Corporation Kukatpally Zone. Kukatpally, Medchal Malkajgiri District

4. The Deputy Commrssioner, Greater Hyderabad Municipal Corporation, Circle No.23, Moosapet lr4edchal Malkajgiri District No.23, [\/oosapet [Vledcha I Malkajg iri District

5. The Assistant City Planner, Greater Hyderabad Municipal Corporation, Circle 6. One CC to SRI IVUTHYALA MURALIDHAR, Advocate IOPUCI 7. One CC to SRI K. RAVI MAHENDER, SC FOR GHNIC [OPUC] B Two CCs to GP FOR rvluNlClPAL ADMINISTRATION URBAN DEVELOPMENT, High Court for the State of Telangana. [OUT] 9 Two CD Copies BN BS \w a a 3 HIGH COURT DATED:1311012025 '.\ a.\ :'i\ J ?B ltT P5 Dg s r"11cr.(--\) ORDER WP.No.30924 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ aC,,o lu- I 3 a a I