Smt. T. Andalu v. The State of Telangana
Court: High Court for State of Telangana
Bench: K.LAKSHMAN
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-12-19. Smt. T. Andalu v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
[3168 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITIO N NO: 35704 OF 2024 Between: Smt. T. Andalu, Wo. Sri. T. Krishna, aged about 49 years, Occ; Housewife, Rl/o H. No. 1 3-4-239 16, Ziyaguda, Hyderabad. ..... PETITIONER AND 1. The State of Telangana, Rep. by its Principal Secretary, to Municipal Administration and-Urban Di:ve[opment Department, Secretariat, Hyderabad. 2. The Greater Hyderabad Municipal Corporation, Tankbund, Hyderabad Rep. by its Commissioner. 3. The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Circle No. Xl, Rajendranagar, GHMC, Ranga Reddy District. 4. The Assistant Commissioner, Greater Hyderabad Municipal Corporation, Circle No. Xl, Rajendranagar, GHMC, Ranga Reddy District. .....
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 or order more particularly one in the nature of writ of Mandamus declaring the action of the respondents 2 to 4 in interfering with constructional activity of the petitioner over the Petitioner Property i. e. Plot bearing No. 38, in part of Survey Number 176/A8 and 177lAB admeasuring 240 - Sq. yards equivalent to 200. 64 Sq. Meters Situated at Sirimalle Gardens, Phase l, Upperpally Village, GHMC Rajendranagar Circle No. Xl, Rajendranagar Mandal, Ranga Reddy District inspite of pendency of the petitioner written representation it as dated 3-12-2O24 and without passing any orders and awaiting result upon illegal, arbitrary, unjust and also against the provisions of HMC Act 195s ,no ,a_ b PASS Act2020 and against Article i4,16 and 3004 of constitution of lndia. N 1 oF 2024 '.
1 Petition under section ,stated 1s1 cpc praying that in the circumstances in the affidavit fired in support of the writ petition, the High court may be ireased to direct the respondents 2 to 4 not to interfere with peacefur possession and enjoyment including constructionar activity carrying on by the petitioner over the petitioner property prot i. e. bearing No. 3B, in part of survey Number 176/48 and 177lAB admeasuring 240 sq. yards equivarent to 200. 64 sq Meters situated at Sirimalle Gardens, phase - l, Upperpally Village, GHMC Rajendranagar Circle No. Xl, Rajendranagar Mandar, Ranga Reddy District pending disposar of writ petition. Counsel for the petitioner : SRI NIMMALA SHESHTDHA; (Nor 'RESENT) Respondent No. 1: Gp FoR 9gy. T"_! I9llhe McpL ADMN AND URBAN DEVELOPMENT for the Respondent Nos. 2 99. yf"t to 4 : SRt RAPARTHI VENKATESH, SC FOR GHMC The Court made the following ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No. 3 570,4 0F 20.
24 ORAL ORDER: None appears for the petitioner. 2. This writ petition is filed to declare the action of respondent Nos. 2 to 4 in interfering with the construction activitlr of the petitioner over his property i. e. plot bearing No. 38 in part of Sy. No. 176/AB and 177 /AB, admeasuring 2OO. 64 sq. mts. situated at Sirimalle Gardens, Phase-I, Upperpally village, GHMC Rajendranagar Circle No. XI, Rajendranagar Mandal, Ranga Reddy District. 3. Petitioner is claiming that she is the absolute owner and possessor of the subject property on the strength of a registered sale deed bearing document No. 3Og4 of 2015, .. ^' dated 2O. 04. 2015. She has obtained Building permit order dated 29. 12. 2023 for construction of stilt for parking and two upper floors. According to the petitioner, she is proceeding with the construction strictly in accordance with the said Building permit order. Even then, respbndent No. 3 has issued a show cause notice dated 03. 10.
2024 to the petitioner stating that she has raised columns for cellar illegally without prior permission from GHMC. Seven (7) days time was given to the petitioner to submit explanation. She has not submitted explanation to the said show cause notice within seven (7) days. Therefore, respondent No. 3 has passed a speaking order dated 22. 10. 2024 directing the petitioner to remove the unauthorized construction within 15 days. Challenging the said speaking order, petitioner has filed a writ petition vide W. p. No. 30032 of 2024. Yide order dated 04. 11. 2024, considering the fact that petitioner was not put on notice and explanation was not submitted by the petitioner, this Court has set aside the speaking order dated 22. tO. 2O24 and directed the petitioner to submit explanation within seven (7) days to the said show cause notice dated 03. 1O. 2O24. Further, r' -) respondent No.
3 was directed to consider the same and pass appropriate orders in accordance with law within a period of four (4) weeks. If the petitioner tailed to submit explalation within the aforesaid seven (7) days, liberty was granted to respondent No. 3 to take action against the petitioner in accordance with law. This Court also directed the petitioner not to proceed further with construction pursuant to the Building permit order dated 29. 1,2. 2023, failing which, liberty was granted to respondent No. 3 to take action against the petitioner in accordance with law. Without submitting explanation within seven (7) days, petitioner has liled the present writ petition alleging interference by respondent Nos. 2 to 4 in the said construction activity. 4. Whereas, Sri Raparthi Venkatesh, learned Standing counsel appearing for respondent Nos. 2 to 4 on instructions would submit that the petitioner did not submit explanation within the aforesaid seven (7) days time granted by this court.
She has received copy of the I . 1 aforesaid order dated O4. L1. 2O24 in W. P. No. 30032 of 2024 on 30. 17. 2024 and she has submitted explanation only on 03. 12. 2024. Under the guise of the aforesaid order, she has completed the construction of cellar unautirorizedly. Still construction is going on. However, respondent No. 3 will consider the explanation dated 03. 1. 2. 2024 and take action against the,petitioner strictly in accordance with law. 5. In the light of the sarne, this writ petition IS disposed of directing respondent No. 3 to consider the explanation dated 03. 12. 2024 and take aclion strictly in accordance with law by putting the petitioner on notice and affording her an opportunity. If the petitioner rs proceeding with the construction illegatty, including cellar, liberty is granted to respondent Nos. 3 and 4 to take action against the petitioner in accordance with law including stopping of the construction and sealing of the building.
In the circumstances of the case, there shall be no order as to costs. ) As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. SD/. L. VIJAYA LAXMI ASSISTANT REGISTRAR //TRUE COPY/i \ SECTION OFFICER To 1. The Principal Secretary, Municipal Administration and Urban Development Department, Secretariate, State of Telangana at Hyderabad. 2. The Commissioner, Greater Hyderabad Municipal Corporation, Tankbund, Hyderabad. 3. The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Circle No. Xl, Rajendranagar, GHMC, Ranga Reddy District. 4. The Assistant Commissioner, Greater Hyderabad Municipal Corporation, Circle No. Xl, Rajendranagar, GHMC, Ranga Reddy District. 5. Two CCs to GP FOR MCPL ADMN AND URBAN DEVELOPMENT, High Court for the State of Telangana at Hyderabad. [OU! 6. One CC to SRI NIMMALA SHESHIDHAR, Advocate [OPUCI 7. One CC to SRI RAPARTHI VENKATESH, SC FOR GHMC [OPUCI B.
Two CD Copies SA BSR HIGH COURT DATED:1911212024 ORDER WP. No. 35704 o12024 lrlF- SI. { I6 ( o jAli o 2025 0 3 c {+ I * . spATC t.. DISPOSING OF THE W. P WITHOUT COSTS. \\
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