The High Court · 2025

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, declare the action of the Respondent Nos.1 to 6 in not protecting the land admeasuring 2186 sq.yards in Survey Nos.111(P),116(P), situated at Venkata Ramana Colony, Mallapur, Kapra Circle, Hyderabad-500076, reserved for the amenities of residents of the petitioner colony as arbitrary, illegal, colorable exercise of power, abuse of process of law, abuse of power entrusted by law, abuse of official capacity and position and violative of Articles 14, 19 and -.:. ;{< 300-4 of the Constitution of lndia besides violation of Ru es and Provisions of Greater Hyderabad [r,4unicipal Corporation Act, 1955. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the ci.cumstances stated in the affidavit filed in support of the petition, the High Coul may be pleased to direct the Respondents '1 to 6 to dispose the representalions of the petitioner dated 09.11.2022,30.O5.2024, 19.06.2025 and 09.07.20125 forthwith, pending disposal of the above Writ Petition. Counsel for the Counsel for the Counsel for the Petitioner: SRI JEERIPOTHULA SRINIVAS Respondent No.1: GP FOR MCPL ADMN & URBAN DEV Respondent Nos.2 TO 5: SRI SRINIVASA RAO PACHWA, SC Counsel for the Counsel for the Respondent No.6: GP FOR REVENUE Respondent No.7: FOR GHMC The Court made the following: ORDER THE HONOURABLE SRI JUSTTCE B. WJAYSEN REDDY WRIT PETITION N0.34358 0F 2025 ORDER: (ORAL) Heard Mr. J. Srinivas, leamed counsel for the petitioner and Mr. Srinivasa Rao Pachwa, leamed standing counsel lor the GHMC, appearing for respondent Nos.2 to 5.

2. 'l he petitioner is the Welfare Association of the plot owners of Venkata Ramana Colony in Survey Nos. 1 I I (p) and I l6(p) situated at Mallapur, Kapra Circle, Ilyderabad. Leamed counsel for the petitioner submitted that respondent No.7 is the owner of the layout; he developed the layout and an area of 2,186 square yards was set apart for amenities. The members of the association had been utilising the said area for festivals like Ganesh Chaturthi, Dussehra and Batukamma for the past more than trventy six (26) years. They also had been celebrating Independence Day and Republic Duy and hoisting flag in the amenities area. On repeated representations submitted by the petitioner, the GIIMC has erected sign board stating that the said property belongs to the GHMC. On 24.10.2025, the petitioner - associarion 2 W.P. l.lo.34l5 8 o12025 Dated 13.11.2025 rcceived nolicc liotn respondent No.3 requesting clalification plrrsuant to Lhc ordcr passed by this Court in S/.P. No 23487 ol 2025 dated I1 08.2025 3 l,earncd counsel for the petitioner submitled respondent No.7 has lhlsely clairned that the area of 2,18f, square yards reservcd Jor arncnities purpose is a saleable area. Further, as per the regulations of the Hyderabad Metropolitan Development Authority (l IMDA) l\Yo of the layout area is earmarked for the open space and amenities for the beneht of community tnembers; the said area cannot be used for any other purpose and the colony residents havc legitinrate rights over the said area

4. I-eamcrl standing counsel for the GHMC subrnitted that W.P. No.l34ii7 of 2025 was disposed of by this Cor.rrt b1 the order dated I 1.08 2025 directing the GHMC authorities to consider the application o1' respondent No.7 in File No.001014,'GHNIC/00701/ SWCW/LBN 112025 dated 13.05.2025 for grant of permission for I construction ol compound wall, by affording opportunity of hearing to the petitioner and respondent No.7 herein. PtLrsuant to 7t*;-..-7q 3 W.P. No.34358 of 2025 Dated 13.11.2025 the said order, the petitioner - association was issued notice and their objections were called for. Further, apprehending that respondent No.7 might be granted permission for construction of compound wall, the petitioner - association rushed to this Court. Leamed standing counse[ further submitted that the representation of the petitioner dated 09.07.2025 witl be duly considered and appropriate orders will be passed, in accordance with law.

5. In view of the above submissions of both the leamed counsel, the writ petition is disposed of, directing respondent No.2 or the concemed authority to dispose of the representation dated

09.07.2025 submitted by the petitioner for safeguarding amenities area admeasuring 2,186 square yards in Survey Nos. I I 1(p), I 16(p) situated at Venkata Ramana Colony, Mallapur, Kapra Circle, Hyderabad, and pass orders, in accordance with law, by issuing prior notice to the petitioner, respondent No.7 and all other concerned/interested persons, by affording opportunity of hearing to them. Further, if the petitioner - association has not filed its objections to the application of respondent No.7 in File No.00l0l4/GHMC/00701/SWCWILBNI/2025 dated 13.05.2025, 4 W.l'. 1.Io.34358 of 2025 Dated 13.11.2025 the petitioner is at liberty to hle objections to the same rvithin a period of seven (7) days from the date of receipt o1 a cop1. of this order. There shalI be no order as to costs As a scquel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. SD/.AHMED ABDULLA KHAN ASSISTANT REGISTRAR G SECTION OFFICER //TRUE COPY'

1. The Principal Secretary to Govt. Ir/unicipal Administratitn and Urban Development Department, Secretariat, Hyderabad, State of Telangana - 500 o22

2. The Commissioner GHI\,4C Head Office, Greater Hyderabad Municipal Corporation, Tank Bund Road Hyderabad.

3. The Chief City Planner, Greater Hyderabad Municipal Oorporation GHMC 4. The Deputy Commissioner, Greater Hyderabad Municipal Corporation Circle Head Office, Tank Bund Road Hyderabad. No.1, Kapra lt4unicipality Kushaiguda, East Zone, Hyderabad

5. The Assistant City Planner, Greater Hyderabad Municipal Corporation Circle No.1, Kapra lVunicipality Kushaiguda, East Zone, Hyderabad 6. The Tahsildar, Uppal ltrlandal, Uppal Medchal-Malkajgiri District 7. One CC to SRI JEERIPOTHULA SRINIVAS, Advocate IOPUCI B. Two CCs to GP FOR I\4CPL ADMN & URBAN DEV, High Court for the State L Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at of Telangana, at Hyderabad. [OUT] Hyderabad. [OUT]

10.One CC to SRI SRINIVASA RAO PACHWA, SC FOR GHMC IOPUC] 1 1 . Two CD Copies \ \ To PS o HIGH COURT DATED:1311112025 CC TODAY ORDER WP.No.34358 of 2025 o tL rJl- f:: .$ s\ \ 4 .6( rll ?. ". ,o;-;' ':ia 'it, ,st:t ,:,: i ", !'.i DISPOSING OF THE WRIT PETITION WITHOUT COSTS l