Smt. Renuka v. The State Of Telangana

[31681 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO:6647 OF 2025 Between:

'1 . Smt. Renuka, W/o Sri Gowrisankar, Hindu aged about.50 years, r/o Flat No. 102., Housewife residing at Gharonda Paul Apartments, 3-5-595, Vittalwadi, , Narayanguda, Hyderabad - 29

2. Sri Gowrisankar, S/o Late Laxminarayana, Hindu aged about 55 years, r/o Flat No. 103, Business. residing at Gharonda Paul Apartments, 3-5-595, Vittalwadi, Narayanguda, Hyderabad - 29

3. Smt. Usha Devi, Wo Late Sri Premraj, Hindu aged about 50 years r/o Flat No. 202, Housewife. residing at Gharonda Paul Apartments, 3-5-595, Vittalwadi, Narayanguda, Hyderabad - 29

4. Smt. S. Vasundhara, W/o Srl S. Chandrasekhar, Hindu aged about 52 years, r/o Flat No.302, Housewife. residing at Gharonda Paul Apartments, 3-5-595, Vittalwadi, Narayanguda, Hyderabad - 29

5. Sri S. Chandrasekhar, S/o Late Sri S. Vittal, Hindu aged about 60 years, Business r/o Flat No. 301. residing at Gharonda Paul Apartments, 3-5-595, Vittalwadi, Narayanguda, Hyderabad - 29

6. Ms. Mary Josephine, D/o Late Sri Aaron Louis, aged about 82 years, retired, r/o Flat No. 303 (All residing at Gharonda Paul Apartments, 3-5-595, Vittalwadi, Narayanguda, Hyderabad - 29) ....PETITIONERS AND '1 . The State of Telangana, rep by its Principle Secretary, Municipal Administration, Secretariat, Hyderabad.

2. The Deputy Commissioner, Circle No. 16, Abids Circle, GHI\4C, Hyderabad

3. Sri P. Hanumantha Rao and family, Hindu aged about 60 years, r/o Flat No 401, Gharonda Paul Apartments, 3-5-595/1 , Vittalwadi, 7th street, Narayanguda, Chartered Accountant, Hyderabad. .....RESPONDENTS Petition Under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be

pleased to issue an order or direction one in the nature of writ of Mandamus directing the 2nd respondent to take action on the representation given by the petitioners dated 24-10-2024 in the interests of justice. l.A.

'to 202s 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 3rd respondent not to make further illegal. constructions pending disposal of the main writ petition in the interest of justice. Counsel for the Petitioners : SRI P.SURESH Counsel for the Respondent No.1 : Gp FOR MCpL ADMN AND URBAN OEVELOPMENT Counsel forthe Respondent No.2: SRI G.MADHU SUDHAN REDDy Counsel for the Respondent No.3: - The Court at the stage of admission made the following ORDER

,/ HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.6647 of 2O25 ORDER:

Heard learned counsel for the petitioners, learned Government Pleader lor Municipal Administration appearing for respondent No.1 and Sri G.Madhu Sudan Reddy, learned Standing Counsel appearing for respondent No.2. Perused the record.

2. In view of the nature of relief sought by the petitioners, this Writ Petition 1S disposed of at the admission stage dispensing with notice to respondent No.3. 3"

Petitioners are residents of Gharonda Paul Apartments, situated at H.No.3-5-595, Vittalwadi, Narayanaguda, Hyderabad. Respondent No.3 made construction in stilt, meant for parking and pent house. The sajne is unauthorized construction. Therefore, petitioners have submitted a representation, dated 24.70.2024 to respondent No.2 with a request to take acti against respondent No.3. Despite receiving an on acknowlEdpnent of the said representation, respondent J

w.P.No.6647 of No.2 did not act upon the same. Aggrieved bv the said inaction of respondent No'2' petitioners filed the Present writ Petition '

4.

Whereas, Sri G'Madhu Sudan 'Reddy' learned Standing Counsel appearing for respondent No'2 on instructions would submit that on receipt of representation dated 24-10 2l24,respondent No'2 has issued show cause notice dated 28'll'2()24 and passed speaking order dated 23.12.2024 directing respondent No'3 to remove the unauthorized construction within 15 days from the date of receipt of the said order' But' he has not removed the same' Therefore, respondent No'2 will take zrction against respondent No'3 and all necessary steps for execution of the said speaking order dated 23'12'2024' strictly in accordance with the procedure laid down under the Greater Hyderabad Municipal Corporation Act' 1955 (for short "the Act, 1955).

He has produced the copies of show cause order and the same are placed on notice and sPeaking record.

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KI,J W.P.No.6647 of 2025 5.

In the light of the said submissions, this Writ Petition 1S disposed of directing respondent No.2 to take all necessary steps for execution of speaking order dated 23.12.2024 strictly in accordance with the procedure laid under the Act, 1955. However, he shall complete the said exercise within a period of lour (4) weeks from the date of receipt of a copy of this order. No costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. SD/- K. AMMAJI PUTY REGISTRAR //TRUE COPY// \ ECTION OFFICER To

1. The Principal Secretary, Municipal Administration, Secretariat, State of Telangana at Hyderabad.

2. The Deputy Commissioner, Circle No. 16, Abids Circle, GHMC, Hyderabad'

3. Two CCs to GP FOR MCPL ADMN AND URBAN DEVELOPII/ENT, High Coud for the State of Telangana. [OUT]

4. One CC to SRI P.SURESH, Advocate [OPUC]

5. One CC to SRI G.MADHU SUDHAN REDDY, Advocate (OPUC)

6. Two CD Copies SA GJP ?*-

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HIGH COURT DATED:0510312025

ORDER

WP.No.6647 of 2025 ,!F.3.- i{E ( (i STA r,i /, mt [Pq :'+, DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS.

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