A Shravan 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 2024-12-16. A Shravan 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) MONDAY . THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION NO: 35294 OF 2024 Between: A Shravan Kumar, S/o Late Sudershan Aged about 40 years, Occupation. Private Employee, Rl,/o H No 6-1-287, Flat No 302, Gharonda Apartments, Near Padmarao Nagar Main Road, Walkertown, Secunderabad ,.. PETITIONER AND 1. The State of Telangana, represented By its Principal Secretary MA and UD, TS Secreteriait, Hyderabad 2. The Commissioner Greater Hyderabad lrzlunicipal Corporation, GHMC, Lower Tank bund road, Hyderabad 2 The Zonal Commissioner, Begumpet lVlunicipal Circle, GHMC, Begumpet, Secunderabad 4. The Assistant City Planner, Office of The The Zonal Commissioner, Begumpet C,30 Municipal Circie, GHMC, Begumpet, Hyderabad 5. M. Vaishno Shree, W/o G Vijay Bhaskar, Aged. Major, Occ. business, Ri.
/o H No 1-6-2121651 107/18, Ganga Putra Colony, [\,4usheerabad Hyderabad ... 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 an appropriate writ, order or direction more in the nature of Mandamus, declaring the inaction of respondents more particularly that of respondents 3, and 4 in not initiating any action in pursuant to the complaints dated 20. 1 1. 2024 against respondent No 5 who is making illegal constructions in H No 6-1-285/4 (GF) and 6-1-28514-1 (FF) forming part of Walkertown, Padmarao Nagar, Secunderabad in deviation to sanction plan vide Permit No. 379338/GHMCl4172l2o24 dated 22. 04.
2024 as being as being lllegal, Arbitrary Un Constitutional, being violative of Articles 21 and 3004, against the Leter and spirit of Catena of Judgments rendered by this Honorable Court as well that of Honorable Supreme Court of lndia apart from being violative of principles of natural Justice and Fair play and consequently demolish the illegal structure raised lA NO: 'f OF 2024 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 respondents 2 to 4 to ensure action on respondent No 5 from proceeding any further with illegal construction over and above the H No 6-1-285/4 (GF) and 6-1-2BSl4-1 (FF) forming part of Walkertown, Padmarao Nagar, Secunderabad in deviation to sanction plan vide Permit No. 379338/GHMC1417212024 daled 22. O4. 2024 pending the disposal of present writ petition Counsel for the Petitioner: Ms. DANTHIKA AISHWARYA Counsel for the Respondent No.
1: GP FOR MUNICIPAL AOMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos. 2to4: SRI MIDDE ARUN KUlrAR, SC FOR GHMC Counsel for the Respondent No. 5: - The Court made the following: ORDER '/. THE HON'BLE SRI JUSTICE K. LAKSHMAN WRJT PETITION No. 35294 of 2o24 ORDER: Heard Ms. Danthika Aishwarya, learned counsel appearing for the petitioner and Sri Midde Arun Kumar, learned Standing Counsel appearing for respondent Nos. 2 to 4 2. Petitioner is a resident of Gharonda Apartments, Near Padmarao Nagar Main Road, Walkertown, Secunderabad. According to the petitioner, respondent No. 5 is making construction in deviation to building permit order, dated 22. 04. 2024. Therefore, he has submitted a representation, dated 20. 11. 2024 to respondent No. 2 with a request to take action against respondent No. 5. Despite receiving and acknowledging the said representation, respondent No. 2 did not act upon the same. Aggrieved by inaction of respondent No.
2, the petitioner liled the present writ Petition. 3. Whereas, Sri Midde Arun Kumar, learned Standing for respondent Nos. 2 to 4 produced written instructions of Deputy City Planner, Circlc -3O, GHMC, \ \ \ KL,J wp_35294_2024 z stating that respondent No. S has obtained building permit order, dated 22. 04. 2024 for construction of stilt for parking (+) two upper floors and constructed one extra floor un- authorizedly. Therefore, on receipt of representation, dated 20. 11. 2024, Deputy Commissioner has already issued show_ cause noticr:, dated 26. 11. 2024 to respondent No. S with a request to submit explanation within seven (7) days. He has not submitted aly explanation. Therefore, the Deputy Commissioner has passed Speaking Order, dated 04. 12. 2024 directing respondent No. S to remove the said unauthorized floor and he will take steps in accordance with law pursuant to the said Speaking Order, dated O4. 12. 2024. It is further mentioned that respondent No. 5 has filed a suit in O. S.
No. 26O ol 2024 and the learned XIX Senior Civil Judge, City Civil Court, Secunderabad, granted interim injunction against GHMC restraining GHMC from taking any action against the dcviations. The said suit is pending and the said interim injun,:tion is subsisting. After dismissal of the said suit and I. A. , he will take steps, in accordance with lar,r,. The said written instructions are placed on record. KL,J uQ-35294 2024 -) 4. As stated supra, admittedly respondent No. 5 made construction third floor un-authorizedly in deviation to the building permit order, dated 22. O4. 2024. It is an unauthorized construction. In proof of the same, the petitioner has filed photographs. Even according to Deputy Commissioner, concerrted GHMC has already issued shorv-cause notice, dated 26. L1. 2O24 granting seven (7) days time to respondent No. S to submit explanation. He failed to submit any explanation. Therefore, he has already passed Speaking Order, dated O4. 12. 2024 directing respondent No.
5 to remove the said unauthorized construction 5. It appears, without considering the said aspects, the learned XIX Senior Civil Judge, City Civil Court, Secunderabad granted interim injunction in I. A. No. 928 of 2024 in O. S. No. 26O of 2024. The said order is in violation of Circular instructions of this Court in ROC No. l4lReg. Judl. /2023, dated 08. 11. 2023 and the Judgment passed by a Division Bench of this Court, dated 15. I l. 2OO7 in Municipal Corporation of Hyderabad, Hyderabad v Philomena Education Foundation of India, Hyderabadt. (t ' toott ) . ,rt- I 6to KL. J w -35294 _2024 Therefore, Registry is directed to call for explanation from learned XIX Senior Civil Judge, City Civil Court, Secunderabad. 6. This Writ Petition is disposed of directing respondent Nos. 2 to 4 ald the Deputy Commissioner concerned to take action against respondent No. 5 for construction o[ unauthorized floor in deviation to building permit order, dated 22. 11.
2024, pursuant to the said Speaking Order, dated 04. 12. 2024, within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. SD/-V. KAVITHA ASSISTANT REGISTRAR //TRUE COPY// N,, N OFFICER To, 1. The Principal Secretary MA and UD, TS Secretariat, T. S. ,Hyde9. q? -d^ . Z. fne Commissioner Gr6ater Hyderabad Municipal Corporation, GHMC, Lower Tank bund roaC, HYderabad a. fne Zonai Commistioner, Begumpet Municipal Circle' GHIIIC, Begumpet, Secunderabad 4. ihe Assistant City Planner, Office of Th-e The Zonal Commissioner, Beoumoet C. 3l Munrcrpal Circle, GHMC, Begumpet, Hyderabad s. on6 CC to SRl. Danthika Aishwarya Advocate [OPUC] 6. iil ccs to cp FoR MUNIcIPAL-ADMINIsrRATIoN AND URBAN -oEVer-bptt/lENT ,High Court for the State of Telang-ana,-at Hydelabad [oUTl 7. One CC to SRI MID-DE ARUN KUMAR, SC FOR GHMC [OPUC] 8.
Two CD Copies Bru GJP Yk' HIGH COUR'I DATED:1Gt1Zt2O24 t{["*o. 1fiE Sr4 ( u. I o 0J r ),. ) ORDER \. * \ WP. No. 3S294 of 2024 I DISPOSING OF THE WRIT PETITION WITHOUT COSTS ? * Tffi\"-(-- It
Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.