V. Pramotish Chandra Reddy v. The State Of Telangana

[ 31681 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITI ON NO: 36876 oF 2024 Between:

about 73 Dwaraka V. Pramotish Chandra Reddy, S/o' V' Ramch-andra.-feddy'.Ag.e1J "J;.'d;;." ntio. -covt e-riftovee, pUo 1'8-725t8t1 and Bt2' hesidency, Acchaiah Nagar, Nallakunta, Hyderabao' ...PETITIONER AND The State of Telangana, Rep. !y its Principal secretary' MA and UD' Secretariat Buildings,Hyderabad, Telangana The Greater Hvderabad Municipal Corporation, Rep' by its Commissioner' BRKR Bhavan, Tank Bund, HYderabad'

3. Zonal Commissioner, GHMC Zonal Office Secunderabad'

4. Dy. Commissioner, GHMC Circle-15, Abids, Hyderabad'

5. Assistant City Planner' GHMC Circle-15, Abids, Hyderabad'

6. Smt. V. Vani, Wo. Ravi Vittal Aged .about.50. years' Occ Business' R/o 1-9296tN9,Vidya Nagar, Ram Nagar, Hyderaoao'

7. Sri V. Ravi, S/o. Late V.M. Linhaji Aged about 50 years' Occ' Business' Rl/o'1g-296tN9, Vidya Nagar, Ram Nagar, Hyderabao'

8. V. Manasa, D/o. V. Ravi Aged about 50 years' Occ Business' Rl/o l -92g1tN9, Vidya Nagar, Ram Nagar, HyderaDad' ..-RESPONDENTS Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleasedtodeclaringtheactionoffespondentNo.2.5hereininnottakingany action against the deviations, illegal and unauthorised constructions raised by the respondentNo.6-8inpremisesNo.l-8.725lB/6i1,1-8-725181612and1-8.

7251,,613, Achaiah Nagar, Narakunta, Hyderabad, as iregar arbitrary and contrary to law and consequenry direct the respondent No.2-5 to forthwith consider the petitioner representation dr.2g.11.2024 and take action by way of demorishing the illegar and unauthorised 3rd, 4th and 5th froors over the permitted s. 2 froors including the deviations in the permitted S 2 floors in premises No.1-B-72srBt6r 1, 1-8-725181612 and 1 -B-721tBl6l3, Achaiah Nagar, Nallakunta, Hyderabad. lA NO: 1 oF 2024 Petition under section 1sl cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents No,2-5 to sear the iregar constructions made. by respondent No.6, 7 and 8 in premises No.'r-8-72518/6t1,1-B-z2stBt6t2 and 1-B-z2s/B/6/3, Acchaiah Nagar, Nallakunta, Hyderabad U/s.461-A of GHMC Act_1955, pending disposal of the above writ petition Counsel for the petitioner: SRI KATIGHAR ANIL KUMAR COUNSEI fOr thE RESPONdCNT NO.1: GP FOR MUNICIPAL ADMINISTRAT,ON AND URBAN DEVELOPMENT . -'

Counsel for the-RespondentJrl_os.2 to 5: SRI MIDDE ARUN KUMAR, S.C. FOR GREATER HYDERABAD MI,JNICIPAL CORPORATION Counsel forthe Respondent Nos.6 to g: __The Court made the following: ORDER

HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No 36a76 of2024 ORDER:

Heard learned counsel appearing for the petitioner' learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Sri Midde Arun.Kumar, learned standing counsel appearing for respondent Nos'2 to Perused the record.

2. In view of the nature of relief sought by the petitioner, this Writ Petition is disposed of at the admission stage dispensing with notice to respondent Nos.6 to 8.

3. The petitioner herein is resident of Dwaraka Residency, Achaiah Nagar, Nallakunta' Hyderabad' Respondent Nos.6 to 8 are making illegal and unauthorized construction in deviation to the building permit order. They have obtained permission for

W.P.No.3(i876 of 2024 construction of Stilt + 2 Upper floors and constructed three (3) additional floors. The same is un_authorized construction. In proof of the same, he has .ni.a photographs. Therefore, petitioner has submitted a representation, dated 29.11.2024 to respondent Nos.2 to 5 with a request to take action against respondent Nos.6 to 8. Despite receiving and acknowled.ging the said representation, respondent Nos.2 to 5 did not act upon the same. Aggrieved by the said inaction of respondent Nos.2 to 5, petltioner filed the present writ petition. Whereas, Sri Midde Arun Kumar, learned .standing counsel appearing for respondent Nos.2 to s,oo instructions, would submit that on coming to know about the said un-authorized construction, respondent No.4 has issued Show Cause Notice, d,ated. 27.Og.2O24 to respondent Nos.6 to g. They did not submit explanation. Instead of submitting explanation, respondent Nos.7 and 8 filed a suit vide O.S.No.2939 of 2024 against respondent No.2 seeking perpetual injunction. Vide order

W.P.No.36876 of 2024 ...

J dated 1 l-O7-2024, in I'A'No'7O8 of 2024 in O'S'No'2939 of 2024 learned VI Junior Civil Judge' City Civil Court' Hyderabad granted interim injunction'

5. However, learned trial Court observed that if respondent Nos.7 and 8 - plaintiffs therein raises construction by violating the permission' defendant corporation therein - respond'ent No'2 herein to initiate action, as per law. Even then, respondent Nos'2 to 5 are not taking any further action against respondent Nos'7 and 8 herein / plaintiffs in O'S'No'2939 of 2024' As discussed supra, it is the specific contention of petitioner that respondent Nos'6 to 8 have obtained building permission for construction of Stilt + 2 Upper floors and they have constructed 3 additional floors unauthorizedly. Learned Triaf Court granted liberty' to respondent No.2 herein / defendant therein to initiate action against respondent Nos'7 and 8 herein / plaintiffs

W.P.No.36876 of 2024 therein if the construction is illegal and contra_rv to the building permit order.

7. Sri Midde Arun Kumar, learned standing "orrrr..t appearing for respondent Nos.2 to 5, on instructions, would submit that respondent No.4 will take action against respondent Nos.6 to g, strictly in accordance with the procedure laid down under the GHMC Act, 1955 by putting the petitioner and respondent Nos.6 to g on notice and affording them an opportunity of hearing.

8. In view of the said submission, this Writ petition is disposed of clirr:cting the respondent No.4 to consider the representation dated 2g.1I.2024 submitted by the petitioner and take action against respondent Nos.6 to g pursuant to the Show Cause Notice, dated 27.0g .2024. Respondent No.4 shall take all necessary steps to stop illegal / un-authorized construction made by respondent Nos.6 to 8, as observed by the learned VI Junior Civi1 Judge, City Civil Court, Hyderabad, vide order dated

W.P.No 36876 of 2O24 11.O7.2024 passed in I'A.No.7O8 of 2024 in O'S'No'2939 of 2024, strictly in accord'ance with the procedure l4id down und.G:r the GHMC Act, 1955, by putting"'the petitioner and respondent Nos'6 to 8 on notice and affording them an opportunity of hearing' There shall be no order as to costs.

sequel, the miscellaneous petitions, if any'

Asa pend.ing in the,Wri,t !eti!!gn, th-all stand "',r,;f;ft. IRUttlaln oevt ASSTSTANT REGISTRAR //TRUE COPY// sEcrloN B-.r,"r* \ '1 . The Principal Secretary, Municipal Administration and Urban Development' Secretaria[ Buildings, Hyderabad' I elangana

2. The Commissioner, Greater . Hyderabad Municipal Corporation, BRKR -. Bhavan, Tank Bund, HYderabad'

3. The Zonal Commissioner, GHMC Zonal Office Secunderabad'

4. The Dy. Commissioner, GHMC Circle-'l5, Abids' Hyderabad'

5. The Assistant City Planner, GHMC Circle-15' Abids' Hyderabad'

6. One CCto SRI KATIGHARANIL KUMAR, Advocate IOPUC] T.oneCCtoSRlM|DDEARUNKUMAR,S.C.forGreaterHyderabadMunicipal Corporation [OPUC]

8. Two CCs to GP for Municipal Administration. q1Q U@an Developmertt' High " ciiJtt'tJrti6 Stat6ttieiangana at Hvderabad' [ouT] I KKS BS Two CD CoPies a

f , CC TODAY HIGH COURT DATED:31 11212024 'i-r\''E OJ-- ( 1'

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ORDER

() I WP.No.36876 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS