Yemeni Ramachandra Rao Vs State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Yemeni Ramachandra Rao Vs State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of: respondent No.3 directed to implement the final order dated 08.04.2025 (removal of unauthorized construction) within four weeks; unauthorized construction of respondent No.4 to be sealed forthwith in the interim; notice to respondent No.4 dispensed with (liberty reserved to seek modification); miscellaneous applications closed; no order as to costs.

Issue for consideration

Whether the inaction of respondents No.2 and 3 in not considering the petitioner's representations dated 30.06.2025, 14.07.2025 and 19.08.2025 for removal/demolition of the unauthorized construction being raised by respondent No.4 at Subash Nagar, near Ramavat School, Gampala Basthi, IDA Jeedimetla, Quthbullapur Mandal, Medchal-Malkajgiri District, is illegal, arbitrary and unconstitutional.

Court's answer

Taking note that the final order dated 08.04.2025 directing removal of the unauthorized construction has been passed and that letter dated 23.05.2025 has been addressed to the Nodal Officer, the writ petition is disposed of directing respondent No.3 to implement the final order dated 08.04.2025 within a period of four (4) weeks from receipt of a copy of the order.

Ratio / Principle

Pending such implementation exercise, the unauthorized construction being undertaken by respondent No.4 in the subject property shall be forthwith sealed.

Key takeaways

Since the order is passed without entering into the merits of the case, notice to respondent No.4 is dispensed with.ratio¶40
If respondent No.4 is, in any way, aggrieved by this order, he is at liberty to approach the Court seeking modification of the order.ratio¶40
As a sequel, miscellaneous applications, if any, pending in the writ petition stand closed; there shall be no order as to costs.ratio

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (B. Vijaysen Reddy, J., oral order, 07-10-2025) disposed of Writ Petition No.27252 of 2025 without entering into the merits. The petitioner had sought a mandamus against the inaction of GHMC respondents 2 and 3 in not considering his representations dated 30.06.2025, 14.07.2025 and 19.08.2025 for removal/demolition of unauthorized construction raised by respondent No.4 (cellar, ground + 4 upper floors against a sanctioned stilt + 3 floors permission dated 21.03.2023 in Plot No.146, Survey Nos.244 and 316, Subash Nagar, Jeedimetla, Quthbullapur), and had sought setting aside of three letters of respondent No.3 dated 01-07-2025, 17-07-2025 and 28-07-2025. Recording that a show cause notice dated 18.03.2025 had been issued, a final order dated 08.04.2025 directing removal had been passed by respondent No.3, and a letter dated 23.05.2025 had been sent to the Nodal Officer/City Planner (Kukatpally Zone), the Court disposed of the petition directing respondent No.3 to implement the final order dated 08.04.2025 within four weeks, with the unauthorized construction to be sealed forthwith in the interim. Notice to respondent No.4 was dispensed with as the order was passed without entering the merits, with liberty reserved to him to seek modification; miscellaneous applications were closed and there was no order as to costs.

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENW FIVE

PRESENT

THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

WRIT PETITION NO:27252 OF 2025

Between:

Shaik lsmail, S/o Shaik Majeed, Aged about 32 Years, Occ. Business, Rt/o H.No.07-829, Near Masjid, Subash Nagar, Gampala Basti, IDA Jeedimetla, Qutubullahpur, Medchal - Malkajgiri District Telangana State - 500055.

...PETITIONER

AND

The State of Telangana, Rep. by its Principal Secretary, Municipal Administration and Urban Developrnent Department (MA and UD), Dr. B. R.Ambedkar Secretariat, Hyderabad.

Greater Hyderabad Municipal Corporation, Represented by its Commissioner, Lower Tank Bund Road, Hyderabad, T.S

The Deputy Commissioner, GHMC Kukatpally Zone, Circle No.25, Qutubullahpur. Medchal Malkajgiri District

Shashikant Sharma, Sio Not known to Petitioner, Aged Major, Occ. Business, Rl/o H.No.Plot No.146, Subash Nagar, Jeedimetla Village, Quthbullapur Mandal, Medchal - Malkajgiri District Telangana State - 500055.

...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stateri in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the Nature of Writ of Mandamus, declaring the inaction of the Respondent Nos.2 and 3 more particularly the Respondent No.3 herein in issuing the lmpugned Letters vide Lr,No.216/TPSIC-21|KPZ|GHMC|2O25|31O dated 28-07-2025, Lr.No 207lTPS/C-25l KPZ lGHMCl2O25l297 dated 17-07-2025 and Lr.No 177ITPSIC-25|KPZ|GHMC|2025|248 dated 01-07-2025 for removal of illegal and unauthorized (ongoing) construction of building in deviation lo the sanctioned Stilt plus 3 Floors, i.e., additional 4 Floors above Ground level being raised by 4th Respondent., situated at premises bearing Sy.No.Subhash Nagar, near Ramavat School, Opposite H.No.07- 605/9/153, Gampala Basthi, IDA

Jeedimetla, Qutubullahpur Mandal, Medchal^- Malkajgir^{District, without} considering several Representations dated^{19-08-2025, 14-al-2025and 30-06-} 2025 made by Petitioner as being illegal, arbitrary,^{unjust a rd unconstitutional} and consequently direct the^Respondents to^forth'r th^{consider the} Representations dated 19'08-2025,^{14-07-2025and 30-0li 2025 lo stop and} demolish/remove the^{illegal building (ongoing) constructiorrof an additional4} Floors above Ground level being^{raised by 4th Respondent.,ry setting aside the} lmpugned Letters vide Lr.No.216/TPSIC-25|KPZ|GHMC|212|^{/ 310 dated28-07-} 2025, Lr.No.2O7[TPSIC-25|KPZIGHMC|2O25| 297 datecl 17-07-2025 and Lr.No.177|TPS tC-2stKPZlGHMClzO2sl 248 dated 01-07-202a of 3rd Respondent lA NO: I OFa025

Petition under Section 151 CPC^praying that in the c,i cumstances stated in the affidavit filed in support of the^petition, the High Coutt may be^pleased to direct the Respondents to forthwith consider the^Represent; tions dated^19-08- ,2025,^{14-07-2025and 30-06-2025to stop and demolish,Temovethe illegal} building (ongoing) construction of an additional 4 Floors^e cove Ground level being raised by 4th Respondent., by setting aside the lmp rgned Letters vide Lr. No. 2 1 6/TP S I C-25^t KP Zl GHMC^t 2025^t 31 0 dated 28-07^-202 5 Lr. No.207|TPS/C25lKPZlGHMCl2025l 297 dated 17-07-2025 and Lr.No.177ffPSlC21|KPZGHMC|2O25 l24B dated 01-07-2025 of 3rd Re;pondent; Pending disposal of the main Writ Petition

Gounsel forthe Petitioner: SRl. GATTU SRINIVAS

Counsel for the Respondent No.l : GP FOR MUNICIPAL AD TIINISTRATION AND URBAN DEVELOPMEI'I I

Counsel for the Respondent Nos. 2&3: SRI K. RAVI MAHEI'I )ER, SC FOR⁽ iHMC

Counsel for the Respondent No.4:--

The Court made the following: ORDER

!Ar,

/s

HONOURABLE^SRI JUSTICE^{B. VIJAYSEN REDDY}

WRIT PETITION^{No.27252 0F 2025}

ORDER:^(ORAL)

This writ^{petition is filed by the petitionerseeking to declarethe} actionofrespondentsNo.2and3innotconsideringhisrepresentations dated30.06.2025,|4.o1.2025and19.08.2025forremovaVdemolitionof unauthorized^{constructionbeingraisedby respondentNo'4 at Subash} Nagar, Near^{Ramavat School, opposite to premises bearingH'No'07-} 60519l|53,^{Gampata Basthi, IDAJeedimetlaQuthbullapur} Mandal,^{Medchat-MalkajgiriDistrict, as being illegal'arbitraryand} unconstitutiona^I

Heard Mr.^{GattuSrinivas, leamed counsel for the petitioner;} Mr. K.Ravi^{Mahender, leamed Standing Counselfor GHMC,appearing} for resportdents^{No.l and 3; and perused the materialon record'}

Lcarned Standing^{Counsel for GHMC' basingon the written} instructions,^{subrnitted that respondent No'4 obtained building} perm i s^s ion^{tio m th e responde nt authoritiesv ide permit N o'27 4846 I 320 4 I} GHMC/202]inFi|eNo.]74846/GHMC/582|l2o23dated2|.03.20231or construction^{ol residentialbuitding comprisingof stilt + 3 upper floors in} Ptot No.146^{in Survey Nos244and 316' Subash Nagar' Jeedimetla'}

2

Quthbullapur.^I{owever, as against the sanctioned pran. respondent No.4 constructed cellar, ground + 4 upper floors in the ubject property. In that regard, show cause norice dated 1g.03.202: was issued to respondent No.4 calling upon him to submit his explanal on as to why the construction being undertaken by him should not be den orished within a period of fifteen (15) days; respondenr No.4 did rot submit any explanation to the show cause notice. Thereafter, I nal order dated 08.04.2025 was passed by respondent No.3 directing res rondent No.4 to remove the unauthorized construction being undertakr.r by him in the subject property. Leamed Standing Counsel turther subr ritted that letter dated 23.05.2025 was addressed by respondent No.3 to rt e Nodal officer and City Planner (Kukatpally Zone), CFIMC]. euthbu Irpur requesring him to take further necessary action tbr removar < r unauthorized construction being undertaken b.v hirn in the subj e )r property in accordance with law.

Taking note of the fact rhar rhe finar order dated )g.04.2025 has been passed to remove the unauthorized construction b: ng undertaken by respondent No.4 and that letrer dated 23.05.2025 has reen addressed by respondent No.3 to the Nodar offrcer. KPZ, fiis 'rit petition is

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J

disposed of directing respondent^{No.3to implement the final order dated}

08.04.2025 within a period of four^{(4) weeks from the date oi receipt of a} 'copy of this order. Pending such exercise, the unauthorized construction

being undertaken by respondent^{No.4 in the subject proPerty shall be} forthwith sealed.

Notice has been sent to respondent^{No.4.It appears that the said} notice has not been served on^{respondent No.4. As order is passed} without entering into the merits of^{the case, noticeto respondentNo'4 is} dispensed with. However, if^{respondentNo.4 is, in any way,aggrieved} by this order, he is at^{liberty to approachthis Court seeking for}

modification of this^{order. Thereshall be no orderas to costs'}

As a sequel thereto, tniscellaneous^{applications,if any, pendingin}

this writ petition,^{stand closed}

SD/.P.C.SULEKHA DEVI STANT REGISTRAR

//TRUE COPYII

! ECTION OFFICER

To,

The Principal Secretary, Municipal Administration and Urban Development gepartment (MA and UD), Dr.B.R.Ambedkar Secretariat, Hyderabad.

The Commissioner, Greater Hyderabad Municipal Corporation, Lower Tank Bund Road, Hyderabad, T S

The Deputy Commissioner, GH[4C Kukatpally Zone, Circle No.25, Qutubullahpur. Medchal Malkajgiri District

One CC to SRi. GATTU SRtNIVAS, Advocate [OPUC] 5. TWO CCS tO GP FOR MUNICIPAL ADMINISTRATION AND URBAN

DEVELOPMETiT ,l-ligh Corii-t for the State of Telangana, at Hyderabad [OUT]

b. one cc ro sRr. K RAV| NTAHENDER , SC FOR Gj{MC tOpuCI 7. Two CD Copies

cH(? BM

HIGH COURT

DATED:0711012025

ORDER

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WP.No.27252 ot 2025

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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