The High Court · 2025
Case Details
Acts & Sections
J. Shankar, S/o. Sri J. H-No. 1-8-3121E19113, Telangana State Ramulu,-Aged about 44 Years, Occ. Social Activist, R./o. Road No. 6, Vidya Nagar, Hyderabad - 500 005, ...PETITIONER AND 1 2 3 4 E Tle Slale of Telangana, R_ep by its Principat Secretary - Municipal Administration and Urban Development Department, dr. B.R. Ambedkar Secretariat Hyderabad, Telangana State. T.he Commissioner, Greater Hyderabad Municipal Corporation, Tankbund, Hyderabad, Telangana State. The Deputy Commissroner, Gr-eater Hyderabad Municipal Corporation, Circle flo.. 21, SLP^Z, Chanda Nagar, Sherelingampally tr,4anddl, Hyderabad, - - Telangana State. The Assl! City Planner, Greater Hyderabad l\,4unicipal Corporation, Chanda Nagar, Circle - 21, Sherelingampa y IVlandal, Hyddrabad, 'Telangana State IWr .9r.t Manjunath Constructions, Rep. by its Managing partner Office at. Flat No. 402, K-Block, Rainbow Vista Rock Girden, Ir,4ooisa[et, Hyderabad - 500 018, R/o Plot No. 39-P, Ayyapp_a Society, Khanmet Vitiage, Sherelingamprily l\ilandal, Ranga Reddy District. Telangana State. ...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 writ order or direction, more particularly, one in the nature of writ of [Vlandamus declaring the action of the official respondents more particularly respondent Nos. 3rd and 4th in not initiating any legal course of action against the illegal and unauthorized construction which undertaken by the sth respondent on the premises being prot No. 3g-p, situalr J at Ayyappa society, Khanamet Village, Sherelingampally lvlandal, Ranga Rer 1y District, Telangana State, within the limits of Greater Hyderabad Ar,lunicipal O rrporation, Ctcle _ 21 , chanda Nagar, that too, cerar prus Ground prus 6 upper oors without obtaininrl any statutory permissions, is being arbitrary, ilegar, perver e, corourabre exercise of powers. contrary to the GHIVIC Act, besides being viora i )n of Articre 14 and 21 of the constitution of rndia and consequenfly direct the rfficiar respondents to forthwith' initiate stringent regar action against the 5th r:;pondent,s ilegar and unauthorized construction, incruding demoritron of strur ures existing in the premises bearing plot No. 39-p, situated atAyyappa Soc e ty. Khanamet Village, sherelingampally tvandal, Ranga Reddy Drstrict, Telan,l rna State, within the limits of Greater Hyderabad Municipal Corporation, Circle - 1, Chanda Nagar. IANO: 1OF2 025 Petition under section 151 cpc praying that in the (,i cumstances stated in the affidavit filed in support of the petition, the High Corr t may be pleased to direct the officiar respondents to forthwith, initiate stringe r regar action against the 5th respondent's regar and unauthorized consrruction, i cruding demorition of structures existinq in the premises bearing plot No. 39_F, situated at Ayyappa Society, Khanamet Village, Sherelingampally Mandal, Fl; nqa Reddy District, Telangana State, within the rimits of Greater Hyderabad lv rnicipar corporation, Circle - 21 , Chanda Nagar_ Counsel for the petitioner:SRl. BONDEMpALLy RAMULU counsel for the Respondent No 1: Gp FoR McpL ADMN LI BAN DEv counsel for the Respondents No 2 To 4: SRr G. MADHUSL r ,AN REDDY, STANDING COUt\I: iEL FOR GHMC Counsel for the Respondent No 5: __ The Court made the following: ORDER HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.330L5 OF 2025 oRDER: (oRAL) Thiswritpetitionisfiledbythepetitionerseekingtodeclarethe action of respondents No.3 and 4 in not acting upon the illegal construction of cellar + ground + 6 upper floors undertaken by respondent No.5 in the premises bearing Plot No'39-P, situated at Ayryappa Society, Khanamet Village, Serilingampally Mandal' Ranga Reddy District, as being illegal, arbitrary and unconstitutional'
2. Heard Mr. B.Ramulu, leamed counsel for the petitioner; Mr. G.Madhusudan Reddy, learned Standing Counsel for GHMC' appearing for respondents No.2 to 4; and perused the material on record'
3.LearnedcounselforthepetitionersubmittedthatrespondentNo.5 raised cellar + ground + 6 upper floors in the subject property without any valid building permission. In that regard, the petitioner submitted representations dated lo.o3.2025 to the respondent authorities requesting themtotakenecessaryaction,butsofarnoactionhasbeeninitiated'As thereisinordinatedelayonthepartoftherespondentauthoritiesin --Er 2 considering the representation of the petitioner, hr: is constrained to approach this Court
4. Leamed Standing Counsel for GHMC submit( d that appropriate action will be taken on the representation of the petiti' ner in accordance with [aw.
5. Recording the aforesaid submission, this writ : :tition is disposed of directing respondent No.2 to 4 to consider the r(l resentation of the petitioner dated 10.03.2025 made regarding he unauthorized construction of cellar + ground + 6 upper floo s undertaken by respondent No.5 in the premises bearing Plot N I l9-P, situated at Ayyappa Society, Khanamet Village, Serilingampa 1r Mandal, Ranga Reddy District, by giving opportunity of hearing lo he petitioner and respondent No.5, and pass appropriate orders in ac: rrdance with law, within a period ol four (4) weeks from the date of r: :eipt of a copy of this order
6. As the order is passed without entering into the nerits of the case, notice to respondent No.5 is dispensed with. Horv:,er if, respondent No.5 is, in any r.vay aggrieved by this order, it is ar lberty to approach J this court seeking modification of this order. There shall be no order as to costs As a sequel thereto, miscellaneous applications, if any, pending in this writ petition, stand closed. SD/-M. JAWAHAR RED ASSISTANT REGI R //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary - IVlunicipal Administration and Urban Development Department, State of Telangana, Dr. B.R. Ambedkar Secretariat Hyderabad, Telangana State.
2. The Commissioner, Greater Hyderabad Municipal Corporatron, Tankbund, Hyderabad, Telangana State.
3. The. Deputy Commissioner, Greater Hyderabad Municipal Corporation, Circle No. 21, SLPZ, Chanda Nagar, Sherelingampally Mandal, Hyderabad, Telangana State.
4. The Asst. City Planner, Greater Hyderabad Municipal Corporation, Chanda Nagar, Circle - 2'1 , Sherelingampally Mandal, Hyderabad, Telangana State.
5. One CC to SRl. BONDEMPALLY RAMULU, Advocate [OPUC] 6 Two CCs to GP FOR IVCPL ADIVIN URBAN DEV ,High Court for the State of Telangana. [OUT]
7. One CC to SRI G. MADHUSUDAN REDDY, STANDING COUNSEL FoR GH|C , loPUCl
8. Two CD Copies DAN BS ft(cl HIGH COURT DATED:31 11012025 ORDER WP.No.33015 of 2025 I lHE Ski ( -, 16r:{:8' '.'4 ,* \-.'. -',, ,;6ptr (i't'\ ,,,1 ! i,), .$ *!t DISPOSING OF THE WRIT PETITION WITHOUT COSTS MCr tr\r-\r6,