Gandhe Arun Kumar 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 2025-01-24. Gandhe Arun Kumar 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) FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSIqE K. LAKSHMAN WRIT PETITION NO: 2008 OF 202s Between: Gandhe Arun Kumar, S/o. Sri Gandhe Krishnaveni, Aged about 42. Years, occ. Private Employee, Rl/o. H-No. 8-2-293l82lBSN/163, Bhagath Singh Colony, Film Nagar, Jubitee Hills, Hyderabad - 500 0So ... PETITIONER AND 'l ' . The State of Telangana, Rep. by its Principal Secretary lrlunicipal Administration and Urban Development Department, Secretariat, Secretariat Building, Hyderabad. 2. The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad. 3. The Zonal Commissioner, Greater Hyderabad lVlunicipal Corporation, Khairatabad Zone, Hyderabad. 4. The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Khairatabad, Hyderabad. 5. Asst. City Planner, Greater Hyderabad Municipal Corporation, Circle -'18, Khairatabad, Hyderabad. 6.
T. Saritha, W/o- Not Known to the Petitioner Aged about 55 Years, Occ. Not known to the Petitioner, R/o. Plot No. 1 14, O. U. Colony, Sheikpet, Hyderabad - 500 008 ... 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, orders or direction, more particularly one in the nature of the Writ of Mandamus, declaring the action of the Respondents, more particularly, 4th and 5th Respondents in not taking any action against the 6th Respondent pursuant to her illegal and unauthorized construction over the Premises bearing Plot No. 114, O. O Colony, Sheikpet, Hyderabad-500008, which was undertaken by her without having any valid statutory permissions, is being arbitrary, illegal, contrary to the GHMC Act, 1955 and T.
S B-Pass Act, 2020, besides being violation of Articles 14 and 21 of the Constitution of lndia and consequently direct the official Respondents to demolish the illegal and unauthorized constructions of the 6th ReSpondent over the Premises bearing Plot No. 114, O. U Colo. ry, Sheikpet, Hyderabad-500008 by dulv taking into 2r)-10-2024 and consideration of the Pr:titioners representations/complaints daled, 28-10-2024. IA NO: 1 OF 2025 in praying that in the circumsta nces stated Petition under Section 1 51 CPC court may be pleased to direct the affidavit filed irr suprport of the petition, the High and unauthorized constructions of the official respondents to demolish the illegal the 6th Respondent over the Premises bearing Plot No' 114. O. U Colony, of the Sheikpet, Hyderabad- 500008 duly taking into consideration Petitioner's representations/complilints dated ; 26-1 0-2 024 and 28-1 O-2O24 RAMULU Counsel for the Petitir>ner: SRI BONDEMPALLY Counsel for the Respr:ndent No.
1: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respr>ndent Nos. 2 TO 5: SRI MIDDE ARUN KUMA'R, SC FOR GHMC Counsel for the Respr>ndent No. 6: -' The Court made the following: ORDER HON'BLE SRJ JUSTICE K. LAKSHMAN WRIT PETITION No. 2OO8 OF 2()25 ORAL ORDER: Heard Mr. B. Ramulu, learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development for respondent No. 1 and Mr. Midde Arun Kumar, learned Standing Counsel for respondent Nos. 2 to 5. 2. The petitioner is a resident of Bhagath Singh Colony, Film Nagar, Jubilee Hills, Hyderabad. Respondent No. 6 is making construction of stilt + 5 upper floors + pent house, in plot No. 1 14, O. U. Colony, Sheikpet, Hyderabad, without obtaining prior permission from the Greater Hyderabad Municipal Corporation. Therefore, petitioner has submitted representations, dated 26. 1O. 2024 and 28. IO. 2024 to respondent Nos. 2 to 5 with a request to take action against respondent No.
6 for the said unauthorised construction. Despite receiving and acknowledging the said representations, respondent Nos. 2 to 5 did not act upon the same. Aggrieved by the' said inaction of respondent Nos. 2 to 5, the petitioner liled tlre pr(sent writ petition. 3. Wl-rere as, Mr. Midde Arun Kumar, Iearnerl Standing Counsel for respondent Nos. 2 to 5, on instructions. would submit that respondent Nos. 2 to 5 will inspect rhe subject site, altc if the allegations made by the petitioner are found to be correrct, they will take action against respondent No. 6, strictly rn accordance with the procedure laid d rwn under GHMC Act. 1955 by putting the petitioner and :espondent No. 6 on noti:e and affording them an opportunity of hearing. 4. In the light of the said submissions, notice to responrlent No. 6 is dispensed with. This petition Writ is disposed of directing respondent Nos. 2 to 5 to consider the aforesaid representation dated 28. 10. 2024 and inspect the subject site.
and if the allegations made by the pelitioner are found to be <:orrect, they shall take action against respondent No. 6, strictJl in accordance with the procedure laid down under GHMS Act, 1955 by putting the petitroner and responder-rt N'o. 6 on notice by affording them an ouportunity of hearing. T:rev shail complete the said exercise u. ithin four I ry -) (04) weeks from the date of receipt of a copy of this order. 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/- K. AMMAJI ASSI TANT REGISTRAR //TRUE COPY// ECTION OFFICER To 1 The Principal Secretary Municipal Administration and Urban Development Department, Secretariat, Secretariat Building, Hyderabad, State of Telangana 2 The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad. 3 The Zonal Commissioner, Greater Hyderabad Municipal Corporation, Khairatabad Zone, Hyderabad.
4 The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Khairatabad, Hyderabad. 5 Asst- City Planner, Greater Hyderabad Municipal Corporation, Circle - 18, Khairatabad, Hyderabad. 6 One CC to SRI BONDEMPALLY RAMULU, Advocate [OPUC] 7 Two CCs to GP FOR MCPL ADIVN & URBAN DEV, High Court for the State of Telangana, at Hyderabad. [OUT] o One CC to SRI MIDDE ARUN KUIMAR, SC FOR GHMC [OPUC] I Two CD Copies PSK. Y/+ GJP HIGH COURT DATED:2410112025 ORDER WP. No. 2008 of 2025 THE 1r S r4 ( o h6 \ 03 i,? APF zw \. r? \* r, ... \. DISPOSING OF THE WRIT PETITION WIT OUT COSTS + \5 J L I i I i I I I 1.. I t,
Source: High Court for State of Telangana. Archive: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.