The High Court · 2025

THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 32974 OF 2025 Between: Bus AND d Mohizuddin, S1o. Sy.gd Burhanuddin, Aged about 46 years, Occ. iness, Rl/o. H.No. 7-2-4915/100, DNM Colony, Sanath Nagar, Hyderabad. ...PETITIONER 1 2 3 4 A 6 The State of Telangana, Rep by its principat Secretary, lVunicipat Administration Department, Telangana- Secretariat, Hyderabad. The Commissioner, GHMC, having office at Tankbund, Hyderabad, T.S. The Zonal Commissioner, GHMC, Circle No. 17, Khairtabad, Hyderabad, T_S. The Deputy Commissioner, GHMC, Circle No.l Z, Khairtabad, Hyderabad, T.S, The Assistant City Planner, Town Planning Section, GHMC, Circle No.17, Road Number 5, Sanath Nagar, Hyderabad. - lt{olgmmqd Farooq Ali, S/o.Not Known, Aged. 40 years, Occ. Business, R/o H. No. (Otd ptot No. 99), H.No. 7-2-48t5t36 aiO t_Z_qgtstz6lA/1 , DNM Colony, Sanath Nagar, Hyderabad. ...RESPONDENTS 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of the Official Respondent Nos.1 to 5 more particularly the Respondent No.2 to 5 inspite of receiving petitroners written Complaint dt. 08-09-2025 in not taking necessary action against the illegal and unauthorized construction of Ground plus Three Upper FIoors which is construction by Unofficial Respondent Nos.6 who have carried out unauthorized construction in House Property bearing [Vlunicipal No. (Old plot No.9g),H.No. 7-2- 4915136 and 7-2-4915136/A/1 , admeasuring 63 Sq. Yards, s u,rted at DNM Colony, Sanath Nagar, Hyderabad, without any sanction plan arr3 without leaving any mandatory setbacks, as arbitrary, discriminatory, ex- facte illegal, highhanded, and giving colourable exercise to its statutory powers vrhir:h is in violation of principles of natural lustice and consequently may direct t-e Official Respondent Nos.'1 to 5 more particularly the Respondent No.4 and 5 to [.rke necessary aclion on the Petitioner said Written Complaint dt. 08-09-2025 b , r:emolishing the said unauthorized construction in House Property bearing Muni:;r5,21 No. (Old Plot No. 99),H.No. 7-2-4915136 and 7-2-4915136/4/1, admeasuring rri.l Sq Yards, situated at DNM Colony, Sanath Nagar, Hyderabad, without any sancl on plan and without leaving any mandatory setbacks, carried out by the Unoffici:rl lRespondent Nos.6 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the o.cLlmstances stated in the affidavit filed in slrpport of the petition, the High Cou 1 may be pleased to direct the Official Respondent Nos.'1 to 5 more particularly tlre Respondent Nos. 2 to 5 to forthwith consider the Petitioner Written Compla rt dt. 08-09-2025 by taking necessary action against the illegal and unauthori::ed construction of Ground + Three Upper Floors which is construction by .lr cfficial Respondent Nos.6 by demolishing the unauthorized construction in HoL:t:e Property bearing Municipal No (Old Plot No. 99),H.No. 7-2-4915136 ,."t j 7-2-49151361At1. admeasuring 63 Sq. Yards, situated at DNM Colony, Sanath Nagar, Hyderabad, besides directing the Respondent Nos. 2 to 5 from not tc make any further unauthorized construction and Deviations and also to sea : te premises, in the interest of justice pending disposal of the main Writ Petition Counsel for the Petitioner : SRI L RAM SINGH Counsel for the Respondent No.1 : GP FOR MCPL ADMN LJRBAN DEV Coll9el for the Respondent Nos. 2 to 5: SRI MTDDE ARUN KIJMAR, SC FOR GHMC Counsel for the Respondent No.6: ---- The Court made the following: ORDER HONOURABLE SRIJUSTICE B. VIIAYSEN REDDY WRIT PETITION No.32974 OF 2025 ORDER: (ORAL) This writ petition is filed by the petitioner seeking to declare the respondent authorities in not taking an action on his representation/ complaint dated 08.09.2025 made against respondent No.6 regarding the illegal construction of ground + 3 upper floors in the properly bearing H.Nos.(Old Plot No.99), 7-2-4915136 and 7-2-49/5136/Nl, admeasuring 63 square yards, situated at DNM Colony, Sanath Nagar, Hyderabad, without any sanctioned plan, as being illegal, arbitrary and unconstirutional.

2. Heard Mr. L.Ram Singh, learned counsel for the petitioner; Mr. Midde Arun Kumar, leamed Standing Counsel for GHMC, appearing for respondents No.2 to 5; and perusdd the material on record.

3. The petitioner claims to be the owner and possessor of the property bearing H.No.7-2-4915l100, situated at DVM Colony, Sanath Nagar, Hyderabad; respondent No.6 is the owner of the adjoining property. It is alleged that respondent No.6 constructed the building Z comprising of ground + 3 upper floors in the subjecr |roperty without any sanctioned plan and by not maintaining any setba,:k,;. Learned Standing Counsel for GHMC subm: :tt:d that building permission is not required for respondent No.6 an(l rietbacks are not necessary to be rnaintained since the subject proper.v is less than 75 yards; setbacks are necessary only on the front side brrt not on the other sides of the building. Further, as per Section 7(2) <tt- the Telangana State Building Permission Approval and Self-Certificration System Act, 2020 (for short 'TG-bPASS Act'), nominal lee of lls.l/- (One rupee only) has to be paid by respondent No.6 by availirLg f'acility of self- certification by uploading title documents. However. lr:amed Standing Counsel submiffed that appropriate action will be taken on the representation/cornplaint dated 08.09.2025, in accorda rc,e with law.

4. Recording the aforesaid submission, this writ p,:t tion is disposed of directing the respondents authorities to consider t.rt, representation/ complaint dated 08.09.2025 made against responde.Ll No.6 regarding the alleged illegal construction of ground + 3 up rr,r floors in the property bearing H.Nos.(Old Plot No.99), 1-2-4)tjl36 and 7-2- 49151361Nl, admeasuring 63 square yarcislituated al DNM Colony, II 3 Sanath Nagar, Hyderabad, by giving opportunity of hearing to the petitioner and respondent No'6, and pass orders in accordance with law' within a period of lour (4) weeks from the date of receipt of a copy of this order.

5. As this order is passed without entering into the merits of the case, notice to respondent No'6 is dispensed with' However' if respondent No.6 is, in any way aggrieved by this order' he is at liberty to approach this Court seeking for modification of this order' As a sequel thereto, miscellaneous applications' if any' pending in this writ Petition, stand closed' SD/. C . DEEPIKA S ISTANT REGISTRA R ,ITRUE COPY/, SECTION OFFICER rerangana gx:,.I5ffi[?\."'S?l;;i?tS'$?13:'i1E]:f:'fl:.^^'"0'n'""1' The commissio""r, cHrvrc, i""rils offr"e at r"nr::":j *'o"toad' T S The Zonal Commissioner' nn'l' The Deputv committion"llni*""""'"'" T,S. No 17' Khairtabad' Hyderabad' T S' No 17' Khairtabad' Hvderabad' "'*'" To, 1 2 3 4 ;,

5. The Assistant City Planner, Town Planning Section, (:iHlvlC, Circle No.17, Road Number 5, Sanath Nagar, Hyderabad.

6. Ivlohammed .Farooq Ali, S/o.Not Known, Aged. 40 ye;,rs,, Occ. Business, R/o / H No. (Otd pot No. 99), H.No. 7-2-45t5t36 aiA t 2-qgtst36ltu1 , bNM I Colony, Sanath Nagar, Hyderabad. .One CC to SRI L RAIM SINGH Advocate tOPUCI 7. 8. One CC to SRI MIDDE ARUN KUIVAR, SC FOR GHIV(_: 9. Two CCs to GF FOR MCPL ADMN URBAN DEV ,Higrr (lourt for the State of Telangana. [OUT]

10. Two CD Copies PVL $,- HIGH COURT C(].,TODAY DATED:31 11012025 \ \ ,a: .l ORDER WP.No.32974 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS - ."eftA \a_ \G- -('cr