High Court · 2025

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 declaring the inaction of the Respondents 2 to 4 in not taking any action against the illegal construction made in Plot no 13, in H.No.15-25-546 and 547. MlG, KPHB Colony, Phase-ll. Kukatpally, Medchal Malkajgiri District by the Respondents No.5 and 6 in pursuance of the complaint dt.18.10.2024 as arbitrary, illegal, contrary and against the principles of natural justice and consequently to direct the Respondent No.2 to 4 to take steps for demolition of the illegal construction made by the Respondents 5 and 6 in Plot no '13, in between H.No.15-25-546 and 547, MlG, KPHB Colony, Phase-ll, Kukatpally, Medchal Malkajgiri District. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No 2 to 4 to stop the illegal construction made by the Respondents 5 and 6 in Plot 13, in H.No.15-25-546 and 547, MlG, KPHB Colony, Phase-ll, Kukatpally, Medchal Malkajgiri District. Counsel for the Petitioner: SRI NADELLA VENKATESWARA RAO Counsel for the Respondent No.1: cP FOR MUNICIPAL ADMIN|STRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2 to 4: SRI K.RAVI MAHENDER, S.C. FOR GHMC The Court made the following: ORDER }ION'BLE SRI JUSTICI] K. LAKSHMAN WRIT PETITION No.37081 OF 2024 ORAL ORDER: Heard Sri Nadella Venkateswara Rao, learned counsel for the petitioner and Sri K. Ravi Mahender, leamed Standing Counsel for CllMC, appearing fbr respondent Nos.2 to 4. Perused the record.

2. Petitioner herein is the resident KPHB Colony, Medchal Maikajgiri District. Respondent Nos.5 and 6 have obtained building perrnission tbr construction of Stilt + 4 Upper floors. They have constructed Cellar + 5 Upper Floors and pent house in Ceviation of the building permit order. l'he said construction is unauthorized. The petitioner has submitted a representation dated l8-10.2024 u'ith respondent Nos.3 and 4 'vith a request to take action against the respondent Nos.5 and 6. Despite receiving and acknowledging the said representation, respondent Nos.3 and 4 did not act upon the same. Aggrieved by the said inaction ol respondent Nos.3 and 4, petitioner filed the present writ petition.

3. Whereas, leamed Standing Counsel appearing for respondent Nos.? to 4 on instructions would submit that cn receipt of the complaint tior.n various people, the respondcnt authorities inspected the site and fbund that respondent Nos.5 and 6 are making illegal construction in 2 deviation to the building permit order. Theretbre, Deputy Commissioner has issued Shorv Clause notice dated 29.12.2022 to respon(lent Nos.5 and 6 granting 7 days time to submit their explanation. But they have not submitted any explanation and issued Speaking order dated 09.01.2023 duly giving I 5 day s time tbr removal of unauthorized constluction. Thereafter, respondcnt No.3 has addressed a letter dated 20.01.2023 to the Nodal Officer, Kukatpally Zone. GHMC with a request to remove the unauthorized construction as specified in the speaking order dated

09.01.2023. He will take further action strictly in accordance with the procedure laid down under GHMC Act, 1955 (for short, the Act, 1955). He has filed the rvritten instructions along with letter dated 20.01 .2023, photo of building permit order dated 30.09.2022, Show Cause notice dated29.12.2022 anci Speaking Order dated 09.01.2023 and the same are placed on record.

4. ln the light ol'the said submissions, notice to respondent Nos.5 and 6 is dispensed with. l-his Writ Petition is disposed of directing respondent No.3 to take action tirrther pursuant to speaking order dated 09.01 .2023 and letter dated 20.01.2023 against respondent Nos.5 and 6 in accordance with the law'within a period of lbur (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. -) As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. To, \ //TRUE COPY// Sd/. N. SRIHARI ASSISTANT EGIS SEC OFFICER

1. The Princip!'l Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Hyderabad, State of Telangana.

2. The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad. 3. The Dy. Commissioner, Greater Hyderabad Municipal Corporation, Circle No.23, Kukatpally, Medchal Malkajgiri District

4. The City Planner, Greater Hyderabad Municipal Corporation, Circle No.23, Kukatpally, Medchal Malkajgiri District

5. One CC to SRI NADELLA VENKATESWARA RAO, Advocate [OPUC] 6. One CC to SRI K.RAVI MAHENDER, S.C. for GHMC [OPUC] 7. Two CCs to GP for Municipal Administration and Urban Development, High Court for the State of Telangana at Hyderabad. [OUTJ B. Two CD Copies BSR MP w HIGH COURT DATED: 0210112025 \ I ORDER WP.No.37081 of 2024 t{1 A E J !) 0 5 rrB z[zs z a t o E.SPAT * DISPOSING OF THE WRIT PETITION, WITHOUT COSTS $