Sri K.Shiva Kumar v. 1. The State of Telangana

Petition under Article 226 o'f lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ order or direction more in the nature of writ of fVlandamus declaring the inaction on the part of the respondents 2 to 4 herein in considering the representation dt.24.11.2025 submitted by the petitioner against the illegal and unauthorized construction being raised by the respondents no.5 without leaving mandatory set-backs in property bearing H. No.2-3-703lB 1213014, adm. 134 Sq.yds situated at Tirumala Nagar, Amberpet, Hyderabad, T.S as illegal, arbitrary and contrary to law and u nco nstitutional and direct the respondent no.2 to 4 herein to forthwith consider the representation dt.24.1 1.2025 submitted by the petitioner and take action against the illegal and unauthorized constructions raised by the respondent no.5 in the property bearing H. No.2-3-703lB 1213014, adm. 134 Sq.yds situated at rirumala Nagar, Amberpet, Hyderabad, T.s, pe rding disposal of this lA NO: 1 OF 2025 Petition under Sectron 15'l cpc praying that in the cir lumstances stated rn the affidavit filed in support of the petition, the High court ma r be pleased to direct the respondent no.2 to 4 herein to forthwith considr: the representation dt.2411112025 submitted by the petitioner and take action I yainst the illegal and unauthorized constructions being raised by the responde rt no.5 in premises bearing H. No.2-3-7031612130/4, adm. 134 sq.yds situaterl at rirumara Nagar, Amberpet, Hyderabad, T S, pending disposal of the writ petiti( n. Counsel for the Petitioner: SRI pRAMOD SINGH Counsel forthe Respondent No.1: Gp FOR MCPL ADMN g ,RBAN DEV Counsel for the Respondent Nos.2 TO 4: SRI G.MADHUSUT HAN REDDy, SC FOR GHMC The Court made the following: ORDER IN THE H]GH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No.37404 OF 2025 DATE: O5-12-2025 Between: Sri K. Shiva Kumar .... Petitioner AND The State of Telangana Rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat, Hyderabad, T.S, and four others. ORDER ... Respondents This writ petition is filed seeking to declare the inaction of respondent Nos.2 to 4 in considering the representation of the petitioner daled 24.11.2025 against the illegal and unauthorized construction being raised by respondent No.5 without leaving the mandatory setbacks in the property bearing H.No.2-3-703iBl2l3ol4, admeasuring 134 square yards, situated at Tirumala Nagar, Amberpet, Hyderabad, as illegal and unconstitutional.

2. The petitioner claims to be owner of the property bearing H.No.2-3-703lBl2l3Ol4, admeasuring 66 square yards, situated at I 2 - Tirumala Nagar, Amberpet, Hyderabad, having purc;t ased the same from respondent No.5 by registered sale deed bt> rring document No.252 of 2006 dated 30.01.2006. lt is stateri that originally respondent No.5 owned 200 square yards of the 1 roperty, out of which 66 square yards was sold to the petitioner. The remaining extent of land retained by respondent No.5 is 134 square yards. Recently, respondent No.S started construction worl in the subject property without maintaining mandatory setbacks. Flr spondent No.5 encroached upon 13 square yards of the western sde land of the petitioner which was kept open by the petitioner for ventilation purpose. Apart from that, respondent No.5 is makin,l construction in the road affected area on the Northern side of his prop =rty. Recently, the petitioner came to know that respondent No.S has created a document styled as release deed dated 29.112024 bearing document No.5332 of 2024 mentioning wrong dimensi rns and plan of the property. By changing the dimensions and plan, rr spondent No.5 obtained building permit No.491 1B4l2235lGHN ( .12025 dated

15.O3.2025 and thereafter proceeded with cons,r rction without maintaining the mandatory setbacks. The petitioner n ade complaint on '1 5.09.2025 to respondent No.2 to stop const uction activity undertaken by respondent No.5. The petitioner z Iso submitted representation dated 24.11 .2025 to respondent Nos. I to 4 to stop 3 construction undertaken by respondent No.5 and to cancel building permission granted to respondent No.5. However, construction activity is going on in the subject property and as there is no action forthcoming from the GHMC on the complaint made by the petitioner, the instant writ petition is filed.

3. Heard Mr. Pramod Singh, learned counsel for the petitioner, and Mr. G. Madhusudhan Reddy, learned Standing Counsel for GHMC, appearing for respondent Nos.2 to 4, and perused the material available on record

4. Learned Standing Counsel for respondent Nos.2 to 4 submitted that appropriate action will be taken on the representation of the petitioner.

5. In view of the above, this writ petition is disposed of directing respondent No.3 - Deputy Commissioner, Amberpet, Circle No.16, Greater Hyderabad Municipal Corporation, Hyderabad, to forthwith act upon the complaint of the petitioner dated 24.1L.2025 by taking action regarding unauthorized construction made by respondent No.5 in the premises f ( bearing H.No.2-3-703181213014, admeasuring 134 square yards, situated at llrumala Nagar, Amberpet, Hyderabad. This exercise shall be completed within a period of four (04) weeks from the date of receipt oF a copy of this order, by affording an opportunity of hearing to the petitioner and respondent No.5. As this order is passed without entering into the merits of 4 the case, notice to respondent No.5 is dispensed v ith. However, if respondent No.5 is in any way aggrieved by this order, re is at liberty to seek modification of this order. During preliminary inspec ion, if it is found that construction activity being undertaken by respor< ent No.5 in the subject property is without/in deviation of the sanctioned plan, respondent No.3 shall forthwith stop such unauthorized constructior No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending in this writ petition, shall stand closed. SD/.C. DEEPIKA AS; ISTANT REGISTRAR .\----- -1-- J SECTION OFFICER //TRUE COPY// To

4. 5 7 PSK. The Principal Secretary, Municipal Administration and t-.1 ban Development, Secretariat, Hyderabad. T.S. ih" Co*ri..ioner, Greater Hyderabad Municipat Cor;x ration, Tankbund, Hyderabad. O6prtv Cornrn,ssioner, Amberpet, Circle-16, Greater Hy Jerabad Municipal Corooration. Hvderabad. Aisisant Ciiy Planner, Amberpet, Circle-16, Greater Hy ierabad lt'4unicipal Corooration. Hvderabad. onei cc to sRiPRAtvoD SINGH, Advocate [oPUC] iwo CCs to GP FOR MCPL ADIVN & URBAN DEV, Hi3 I Court for the State of Telangana, at Hyderabad. [OUT] ONE CC"IO SRI G.X/ADHUSUDHAN REDDY, SC FOR ( HMC [OPUC] Two CD Copies v l0 i.:i 2q5 ,ll ..t .7 ,. '// -,, r,. r,1-' t''.;l/ l' 1; -=*-",_-1,-,- " HIGH COURT DATED:0511212025 ORDER WP.No.37404 of 2025 ., .i. i .-: ,.') 7 .\ DISPOSING OF THE WRIT PETITION WITHOUT COSTS \o\te\dr