Mohammed Zubair Vs The State of Telangana

¶1

[316E ]

¶2

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

¶3

THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 3447 OF 202s

¶6

Between:

¶7

Mohammed Zubair, S/o Late Mohammed Saber,^{Aged about25 years,Occ} Business, R/o H.No.l9-2- 1113011lA, Misrigunj, Hyderabad,^{TelanganaState.}

¶8

.....PETITIONER

¶9

AND

¶10

The State of Telangana, Rep by its Principal Secretary^Municipal Administration and Urban Development Department, Secretariat,^Hyderabad

¶11

Greater Hyderabad Municipal Corporation, Rep^{by its Commissioner,Having} its office of Tank Bund, Hyderabad.

¶12

The Deputy Commissioner, GHMC, Circle^{No.10, Phoolbagh, Hyderabad,} Telangana State.

¶13

The Zonal Commissioner, GHtt/C, Circle No.'10,^{Phoolbagh, Hyderabad,} Telangana State.

¶14

The Assistant City Planner, GHMC, Circle No.10,^{Phoolbagh, Hyderabad,} Telangana State.

¶15

Syed Dastagir Khan Asad, S/o Syed Afsar^{KhanAged major, Occ. Business,} Rio H.No.19-2-11 l3ol2l A, Chandulal Baradari, Misrigunj,^Hyderabad.

¶16

.....RESPONDENTS

¶17

Petition Under Article 226 of lhe Constitution^{of lndia prayingthat in the} circumstances stated in the affidavit filed therewith, the^{High Court maybe} pleased to issue any Writ, order or direction more^particularly one^{in the natureof} WRIT OF IUANDAMUS declaring the action^{of the Respondent No.2 to 5 not} taking any action against the illegal and^{unauthorized construction being carried} out by the Respondent No.6 over H.No.19-2-'1^{1l3Ol2,admeasuring '100Sq yards,} situated at t/isrigunj, Hyderabad,^without any^{permission,due to which}

¶18

t !

¶19

Petitioner's house including slab is being effected, is illegal, arbitrary and' violation of principles of naturat justice besides violation of GHMC Act and Rules therein also violalion of Article i4, 300-A of constitution of lndia, and consequently direct the Respondents No.2 to 5 to take appropriate action against the illegal and unauthorized construction being carried out by the Respondent No.6 over H.No.19-2-'l 1l3ol2, admeasuring 100 sq yards, situated at Misrigunj, Hyderabad.

¶20

l.A.NO:1 OF 2025

¶21

Petition Under Section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondents No.2 to 5 to take appropriate action against the illegal and unauthorized c,lnstruction being carried out by the Respondent No.6 over H.No.19-2-1 113012, admeasuring^'100 Sq yards, situated at Misrigunj, Hyderabad, by considering the representation dated 29lo1l2o2s submitted by the petitioner, pending disposal of the writ petition.

¶22

Counsel for the Petitioner : SRI M.A.K.MUKHEED

¶23

Counsel for the Respondent No.1: Gp FOR MCpL ADMN AND URBAN DEVELOPMENT

¶24

Counsel for the Respondent Nos.2 to 5 : SRI R.VENKATESH

¶25

Counsel for the Res pondent No.6 : -

¶26

The Court made the following ORDER

¶27

THB HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No. 3447 of 2025

¶28

ORDER:

¶29

Heard leamed counsel tbr petitioner and Sri Raparthi Venkatesh, learned Standing Counsel for Greater Hyderabad Municipal Corporation (GHMC) appearing for^respondent Nos.2 to 5.

¶30

Petitioner is a resident of Kale Pather,^Misrigunj, Hyderabad. 6'h respondent is his immediate^{neighbour and is} proceeding with the construction by encroaching into the wall of the petitioner's dwelling house and^public way, without any setbacks, without proper permissions etc. The^said constructlon rs illegal. Tlierefore, he has submitted representation dated 29.01 .2025 Lo 4'h and 5'h respondents with a request to take action against 6'h respondent.^Despite receiving and acknowledging the said representation, 4'l' and 5'r' respondents did not act upon the same. Aggrieved by^the said inaction of 4'L and 5th respondents,^{petitionerhas filed the}

¶31

present Writ Petition.

¶32

2 KL, J W.P.No.3447 oi 2025

¶33

Learned Standing Counsel appearing for respondent Nos.2 to^ji, on instructions, woulcl submit that 4tl' respondent will consider representation dated 29.01.2025 submitted by petitioner, inspect the subject property and il the allegations made by petitioner are found to be con-ect, he wilt take action against 6'h respondent in accordance with the procedure laid down under Greater Hyderabad Municipal Corporation Act, 1955, by putting petitioner and 6'l' respondent on notice and affording therr an opporlunity of hearing.

¶34

In the light of the above, issuance o1'notice to 6'h respond.ent in the present Writ Petition is clispensed with.

¶35

Accordingly, this Writ Petition is disposed of directing 4th resporrdent to consider representation dated 29.01.2025, inspect the subject property and if the allegations made by petitioner are found to be correct, he will take action against 6'h respondent in accordance with the procedure laid down under Gre;rter Hyderabad Municipal Corporation Ac! 1955, by puttin5l petitioner and 6'h respondent on notice and affording thern an opportunity of hearing. He shall complete

¶36

3

¶37

XI-, J W-P No.3447 of 2O25

¶38

the said exercise within a period of four (4) weeks from the

¶39

date ol receipt of a copy of this ordcr. There shall be no order

¶40

as to costs.

¶41

Miscellaneous applications, i1' any pending, shall stand