Mr. Abdul Subhan Khan v. The State Of Telengana And 4 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF DECEI\,,IBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 36679 OF 2021 Between:

Mr. Abdul Subhan Khan, S/o Late Abdul Mannan Khan Age about 45 years, Occ Business, No 22-6-6721111 , Mir Alam Mandi, Hyderabad. ... PETITIONER AND The State of Telengana, Rep through its Principal Secretary, Municipal Administration Having Offlce at T.S. Secretariat, Hyderabad. The Greater Hyderbad lvlunicipal Corporation of Hyderabad, Rep. by its Commissioner, O/o. Lower Tankbund, Hyderabad

3. The Zonal Commissioner, Circle 1'1, Raiendra Nagar Circle Greater Hyderbad lvlunicipal Corporation of Hyderabad Hyderabad.

4. The Assistant City Planner (Town Planning), Circle 11, Rajendra. Nagar Circle Greater Hyderab;d Municipal Corporation of Hyderabad Hyderabad.

5. Rasheed Ahmed Khan, S/o Ahmed Khan Age about 45 years, Occ Business, R/o 8-1 3-1 4O/208t A, Kings Colony, Shashtripuram, Rajendra Nagar .,.RESPONDE NTS 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 any appropriate Writ, Order or direction preferably Writ of lvlandamus, declaring the inaction of the Official Respondents in not taking any action on the representations of the Petitioner Dt. 12th Decembet 20?1, with regard to the illegal Construction made by the unofficial respondent No.5, in Property Bearing No 8-13-14Ot2OBlA, Kings Colony, Shastripuram, Rajendranagar Mandal, R R. District, T.S.

, as being illegal, contrary to the Rules and Regulations of the GHMC Act and also violative of Articles 14 and 300-A of the constitution of lndia and consequently direct the Official respondents No.3 and 4, to forthwith stop and demolish the said illegal and unauthorized construction made by the Respondents No.5. lA NO: 1 OF 2021 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 Official respondents No.3 and 4 to forthwith stop and demolish the illegal and unauthorized construction made by the unof{icial respondent N,5 in property bearing No.8- 13- 140/208/4, Kings Colony, Shastripuram, Rajendranagvar Mandal' Ranga Reddy District, T.S.

Counsel for the Petitir ner: SRI MUSTAFA BASITH Counsel for the Resp( ndent No. 1: GP FOR MCPL ADMN URBAN DE!' Counsel for the Resp( ndent Nos. 2 to 4: PASHAM KRISHNA REDDY, SC FOR GHMC The Court made the fr llowing: ORDER

THE HON,BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION No.3G679 OF 2021 ORDER:

The petitioner herein seeks a writ of Mandamus declaring the inaction of the official respondents in taking any action on the representation of the petitioner, daled 12.t2.2021, with regard to the illegal construction made by the unofficial respondent No.5 in the property bearing No.8- 13-L4O/2OB/ A, Kings Colony, Shastripuram, Rajendranagar I4andal, R.R.District, as arbitrary, illegal and consequenuy, direct the official respondent Nos.3 and 4, to forthwith stop and demolish the said illegal and unauthorized construction made by unofficial respondent No.5 over the said property.

2.

Heard the learned counsel for the petitioner, learned Government PleaCer for lvlunicipal Administration & Urban Development, appearing for respondent No.1, Sri pasham Krishna Reddy, learned Standing Counsel for GHtyc, appearing for respondent Nos.2 to 4 and perused the record. 3.

Learned counse! for the cetitioner would submit that without obtaining valid buildinE permission from the official respondents/ the unofficial respondent No.5 is illegally raising ( I structures over the subiect prernises without leaving setbacks. The petitioner submitted a representatio n on 12.12.2021 to the respondent-Corporation to take action against unorficial respondent No.5 and to demolish the illegal structures, However, no action has been taken on the said representation so far and ultima::ely, prayed this Court to issue a direction to the official t I

respon( ents act upon the said representation, dalec 12'72'2021' expedit ously.

4.

C.r the other hand, learned Standing Counsel for GHI'1C, on instrucl ions, would submit that already a notice under Section 452 (1 and 461 of the Greater Hyderabad iYunicipal Corporation Act, 1955 was issued to the unofficial respondent llo 5 and after receipt of reply to the said notice, the respondent-Corporation is conten plating to take further action in the matter, in accordance with la /v.

5.

:;ince it is brought to the notice of this Court that pursuant to the representation, dated 12.f2.2021, filed by the petitioner, the ofiicial respondents Nos.2 to 4 have already initiated actir)n agains. the unofficial respondent No'5 in reiation lo the alleqa ions made in the Writ Petition, no further orders are requir:d to be passed in this Writ Petition.

6.

With the above observations, thls Writ Petition is disposed of. N ) costs.

Miscellaneous Petitions, if any, pending in this Writ Petition sha ll ;tand closed.

SD/.K.ONESIM ASSISTANT REGISTRAR ( y''r \ i/TRUE COPY// SECTION OFFICER To,1 The Pri cipal Secretary' Municipal Administration State of Telergana' Having ' d;;;

-ii5. secretariat, Hyderabad , The Co nmissioner' Greater Hyderbad Municipal Corporation o,f Hyderabad' O/o. ' uiri""r- iniuuno, Hyderabad , ilr"r.i 11"""".8#5i,lixTr?J:EJ]a [i,,iJ..t11,Nasar circre Greater Hvderbad , E?B$::8iil,,"i'I"f,hfii".1,gl3J,li?L?.XPJi?fiS'l;;5?l;[SI3o:3'"'"''"'"

5. One C I to SRI MUSTAFA BASITH Advocate [OPUC] 6 Two c ls to GP FOR.MCPL- ADI/N URBAN DEV', High court for the state of " i}'lnl "a-ni-ait-rvoeraoao lourl 7, ONE ( C tO SRI PASHAM KRISHNA REDDY, SC FOR GHMC AdVOCAIE IOPUC] Ja. t*o ( DCopies

HIGH COUR I DATED:30/1 1.12021 T414 S L (i o :)

ORDER

c( 2C?2 "{ tr WP.No.3667) ot 2021 ,1, * S FrTa ?

DISPOSING OF THE WRIT PETITION WITHOUT C OSTS.

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