✦ High Court of India · 31 Dec 2025

The High Court · 2025

Case Details High Court of India · 31 Dec 2025
Court
High Court of India
Decided
31 Dec 2025
Bench
Not available
Length
1,076 words

1. V.Rambabu, S/o. V.Chinnabbai, aged about 48 years, Occ Service, 2. Smt. V.Kalpana, W/o. V.Rambabu, aged aboul 44 years, Occ. Housewife, Both R/o. H.No.7 -1-3071141F152, Jayaprakash Nagar' Sanathnagar, Hyderabad - 500018. ...PETITIONERS AND 1 The State of Telangana, Rep. by its Principal Secretary' Municipal Administration and Urbin Developmeni Department' Secretariat, Hyderabad. The GHMC, Rep. by its Commissioner, Greater. Hyderabad Municipal Corporation (GHN/C), Tankbund, Hyderabad. 2 4

3. The Zonal Commissioner, Greater Hyderabad Municipal Corporation (GHMC)' Kukatpally Zone, HYderabad. The Deputy Commissioner, Greater Hyderabad Municipal Corporation (GHMC), Gijularamaram Circle No.26, Hyderabad. The Hyderabad Disaster Response and Asset Protection Agency (HYDRA)' Rep.,6y its Commissioner, Budha Bhavan, 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 t\,4ANDAMUS declaring the action of the Respondents more particularly Respondents 3 to 5 herein in interfering with the construction activity being carried out by the petitioners despite having building permission vide work Commencement Letter No.454820/GHMCl1976812024, dated 17 03'2025 in respect of Plot No.G-123, admeasuring 200 Sq yards in Survey Nos 309 to 316 and 318, (covered near Block No.3), situated at Ga.iularamaram Village, Qutbullapur Mandal and Municipality, Medchal-Malkajg,r District (Erstwhile Ranga Reddy District), without following due process rf law and without considering the existing permission in favour of petitioners. I ; illegal and arbitrary and in violation of GHMC Act and Rules made there under;r d also in violation of Articles 14,21 and 300-A of Constitution of lndia, besides liolation of principles of natural justrce and consequently direct the Respondents I erein not to interfere with the construction activity being carried out by the petiticr trs in respect of Plot No.G-123, admeasuring 200 Sq.yards in Survey Nos.3l ) to 316 and 3'18, (covered near Block No 3), situated at Gajularamaram Village, Qutbullapur Mandal and [t4unicipality, Medchal-ttilalkajgiri District (Er:;1 rvhile Ranga Reddy District), in the interest of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the . r )umstances stated in the affidavit filed in support of the petition, the High Cor-.r may be pleased to direct the Respondents herein not to interfere with the co r; ructron activity being carried out by the petitioners in respect of Plot No.G-12 J, admeasuring 200 Sq.yards in Survey Nos.309 to 3l6 and 318, (covered nea' 3lock No.3), situated at Gajularamaram Village, Qutbullapur [t/andal and lr1 rnicipality, Medchal- Malkajgrri District (Erstwhile Ranga Reddy District), pendin! lisposal of the above writ petition, in the interest of justice. Counsel for the Petitioner: SRI G. ARUN KUMAR Counsel for the Respondent No.1: GP FOR MUNICIPAL All VIINISTRATION AND URBAN DEVELOPUII:NT Counsel for the Respondents No.2 to 4: SRI K. RAVI MAHE NDER, S,C. FOR GH IJ C Counsel for the Respondent No.5: SRI SAMEER AHMED, S C. FOR HYDRAA The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No.40498 OF 2025 DATE:31-12-2025 Between: V. Rambabu and another AND .... Petitioners The State of Telangana, Rep. by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad, and four others. ORDER: (ORAL) ... Respondents This writ petition is filed seeking to declare the action of respondent Nos.3 to 5 in interfering with the construction activity being carried out by the petitioners in Plot No.G-123, admeasuring 200 square yards, in Survey Nos.309 to 316 and 318 (covered near Block No.3) situated at Gajularamaram Village, Qutbullapur Mandal and Municipality, Medchal-Malkajgiri District (Erstwhile Ranga Reddy District), despite the petitioners having building permission vide work commencement letter No. 454B20iGHMCl1976812024 dated

17.03.2025, as illegal and violative of Articles 14, 21 and 300-4 of the Constitution of lndia. \ i 2

2. Heard Mr. G. Arun Kumar, learned counsel for the petitioners; Mr. K. Ravi lVahender, learned Standing Coun;:l for GHII/C' appearing for respondent Nos.2 to 4, and Mr. Sameer, rhmed, learned Standing Counsel for Hyderabad Disaster Respc r se and Asset Protection Agency (HYDRAA), appearing for respott lent No.S, and perused the material available on record.

3. Learned Standing Counsel appearing for re I pondent Nos.2 to 4, on instructions, submitted that there is no intr: ference by the GHMC in the construction activity undertaken by the petitioners. lf any complaint is filed against the petitioners rega r ling deviations made to the sanctioned plan, appropriate action ,r ill be taken in accordance with law. ' 4. Learned Standing Counsel for HYDRAA srl rmitted that on complaint lodged by Mahadevpur Welfare S;t ciety alleging encroachment of park area, inspection of the site wa; conducted by HYDRAA and park area was duly protected by fencin,l it.

5. ln view of the above, this writ petition is dispc;ed of directing respondent Nos.3 to 5 not to interfere with builci rg construction undertaken by the petitioners pursuant to the work ;ommencement letter dated 17.03.2025, without following due tr ocess of law. However, in case the petitioners have encroachetl the park area, it. , To MP 3 respondent No.5 is at liberty to take action against them by following due process of law. No order as to costs As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed I SD/.P. PONNA KRISHNA ASSISTANT REGISTRAR ,TRUE COPY// SECTION OFFICER

1. The Zonal Commrssioner. Greater Hyderabad N4unicipal Corporation (GHMC), Kukatpally Zone, Hyderabad :

2. The Deputy Commissioner, Greater Hyderabad Municipal Corporation (GHIVC), Gajularamaram Circle No.26, Hyderabad.

3. The Commissioner, Hyderabad Disaster Response and Asset Protection Agency (HYDRA), Budha Bhavan, Hyderabad. 4 One CC to SRI G. ARUN KUMAR, Advocate [OPUC] 5. Two CCs to GP for Municipal Administration and Urban Development, High Court for the State of Telangana at Hyderabad. [OUT]

6. One CC to SRI K RAVI IVAHENDER, S.C. for GHMC [OPUC] 7. One CC to SRI SAMEER AHIUED, S.C. for HYDRAA [OPUC] 8. Two CD Copies HIGH COURT DAI- iD:31 11212025 THE S-IA o g Ji'j rr;i ( z. c) -i:. \ I I /- ri^ 5/.j': 2 ORDER WP.Ncr 40498 ot 2025 DISPOSING OF THE V\ RIT PETITION WI't HOUT COSTS 1l' l7A

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