The High Court · 2025

Judgment

5. The State of Telangana, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad. The Commissioner, Greater Hyderabad Municipal Corporation (GHMC), Tankbund, Hyderabad. The Zonal Commissioner, Greater Hyderabad Municipal Corporation (GHMC), Kukatpally Zone, Hyderabad. The Deputy Commissioner, Greater Hyderabad Municipal Corporation (GHMC), Gajularamaram Circle No.26, Hyderabad. The Hyderabad Disaster Response and, Asset Protection Agency (HYDRA) Rep., by 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 a WRIT OF MANDAMUS declaring the action of the Respondents more particularly Respondents 3.to 5 herein in interfering with the construction activity being carried out by the petitioner despite having building permission vide Work Commencement Letter No.470845/GHMC1046912025, dated 23.06.2025 in respect of Plot No.G-47, admeasuring 200 Sq.yards in Survey Nos.309 to 316 AND 318, (covered near Block No.3), situated at Gajularamaram Village, Qutbullapur Mandal and Municipality, Medchal-lMalkajgiri District (Erstwhile Ranga Reddy District), without following due process of law and without considering the existing permission in favour of petitioners, as illegal and arbitrary and in violation of GHMC Act and Rules made there under and also in violation of Articles 14,21 and 300-4 of constitution of lndia, besides in violation of principles of natural justice and consequently direct the Respondents herein not to interfere with the construction activity being carried out by the petitioner in respect of plot No.G-47, admeasuring 200 Sq.yards in Survey Nos.309 to 316 AND 31g, (covered near Block No.3), situated at Gajularamaram Village, eutbullapur Mandal and Municipality, Medchal-Malkajgiri District (Erstwhile Ranga Reddy District), in the interest of justice. lA NO: 1 OF 2025 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 Respondents herein not to interfere with the construction activity being carried out by the petitioner in respect of Plot No.G-47, admeasuring 200 Sq.yards in Survey Nos.309 to 31 6 & 318, (covered near Block No.3), situated at Gajularamaram Village, Qutbullapur Mandal and Municipality, Medchal-Malkajgiri District (Erstwhile Ranga Reddy District), pending disposal of the above writ petition, in the interest of justice. Counsel for the Petitioner: SRI G. ARUN KUMAR Counsel for the Respondent No.l: cP FOR MtlNlClpAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondents No.2 to 4: SRI K. RAVI MAHENDER, S.C. FOR GHMC a Counsel for the Respondent No.5: SRI SAMEER AHMED, S.C. FOR HYDRAA The Gourt madb the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HONOURABLE SR!JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.40560 OF 2025 DAIE:31-12-2025 Between: A.Venkateswara Rao. The State of Telangana, Rep. by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad, and four others. ORDER: (ORAL) .... Petitioner AND ... Respondents This writ petition is filed seeking to declare the action of t respondent Nos.3 to 5 in interfering with the construction activity being carried out by the petitioner in Plot No.G-47, admeasuring 200 square yards, in Survey Nos.309 to 316 and 318 (covered near Block No.3) ) situated at Gajularamaram Village, Qutbullapur Mandal and {r4unieipality;--Medchal-Malkajgiri' Eistrict (Erstwhile -*anga -Reddy-- District), despite the petitioner having building permission vtde work commencement letter No. 470S45/GHMC1046912025 dated

23.06.2025, as illegal and violative of Articles 14,21 and 300-4 of the Constitution of lndia.

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2. Heard Mr. G. Arun Kumar, learned counsel for the petitioner; Mr. K. Ravi Mahender, learned Standing Counsel for GHMC, appearing for respondent Nos.2 to 4, and Mr. Sameer Ahmed, learned Standing Counsel for Hyderabad Disaster Response and Asset Protection Agency (HYDRAA), appearing for respondent No.S, and perused the material available on record.

3. Learned Standing Counsel appearing for respondent Nos.2 to 4 produced written instructions and submitted that there is no interference by the GHMC in the construction activity undertaken by the petitioner. lf any complaint is filed against the petitioner regarding deviations made to the sanctioned plan, appropriate action will be taken in accordance with law.

4. Learned Standing Counsel for HYDRAA submitted that on complaint lodged by Mahadevpur Welfare Society alleging encroachment of park area, inspection of the site was conducted by HYDRAA and park area was duly protected by fencing it.

5. ln view of the above, this writ petition is disposed of directing respondent Nos.3 to 5 not to interfere with building construction undertaken by the petitioner pursuant to the work commencement letter dated 23.06.2025, without following due process of law. However, in case the petitioner has encroached the park area, :3:: respondent No.5 is at liberty to take action against him 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 clbsed. SDAP. PONNA KRISHNA REGIS //TRUE COPY//

1. The Zonal Commissioner, Greater Hyderabad Mun Kukatpally Zone, Hyderabad.

2. The Deputy : Commissioner, Greater Hyderabad (GHMC), Gajularamaram Circle No.26, Hyderabad. CTION OFFICER tion (GHMC), cipal' Corporation

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. OneCCtoSRIK.RAVIMAHENDER,S.C.foTGHMCIOPUCI t' 7. One CC to SRI SAMEER AHMED, S.C. for HYDRAA [OPUC] 8. Two CD Copies n To MP HIGH COURT DATED:3111212025 S o C) B I \l uil,J ?u[ * * ORDER WP.No.40560 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I 7 I let