Disposed

Asiya Begum, v. The State of Telangana

Telangana HC10 Feb 2025WP/3782/2025

Case brief

AI extract

What is this about?

A writ petition alleging unauthorised construction by a private respondent without building permission was disposed of by directing the Assistant City Planner, Rajendranagar Circle 11, GHMC to inspect the site and take action per procedure within four weeks.

What did the court decide?

Assistant City Planner directed to inspect site and, if allegations are correct, take action against Respondent No.6 in accordance with the GHMC Act, completing the exercise within four weeks; no cost

Asiya Begum, Vs The State of Telangana — Municipal and Town Planning | Telangana HC (2025)

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[³¹⁶⁸¹

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

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MONDAY, THE TENTH DAY OF EEBRUARY TWO THOUSAND AND TWENW FIVE

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PRESENT

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THE HON'BLE SRI JUSTICE K.LAKSHMAN

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WIILT PETITION NO:3782 OF²⁴²⁵

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Between:

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Asiya Begum, Wo. Mohd Raheem Khan, aged about 53 years, Occupation Household, Rl/o. H. No. 19-4-281|F112, Nawab Sahab Kunta, Jahanuma, Hyderabad District, Telangana State - 500053.

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...PET]TIONER

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AND

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1 The State of Telangana, Rep.by its The Special Chief Secretary, Municipal Administration and Urban Development Depa(ment (MAandUD), # Dr. B.R. Ambedkar Telarigana Secretariat Building, Hyderabad District, Telangana State - 500022.

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The Commissioner, (GHMC, Greater Hyderabad Municipal Corporation, CC Complex, Tank Bund Road, Lower Tank Bund, Hyderabad District, Telangana State - 500063

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The Zonal Commissioner, (GHMC), Rajendranagar Municipality, Greater Hyderabad Municipal Corporation, Rajendra Nagar Road, Near TSRTC Depot, Budwel, Ranga Reddy Dislrict, Telangana State - 500030.

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The Deputy Commissioner, Rajendra Nagar Municipality, Greater Hyderabad Municipal Corporation, Rajendra Nagar Road, Near TSRTC Depot, Budwel, Ranga Reddy District, Telangana State - 500030.

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The Deputy City Planner, Rajendra Nagar Municipality, Greater Hyderabad Municipal Corporation, Rajendra Nagar Road, Near TSRTC Depot, Budwel, Ranga Reddy District, Telangana State - 500030.

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Sayeed Bin Ali Jaidi, S/o. Ali Bin Ahmed Jaidi, aged about 38 years, Occupation. Business, Fi/o. H. No. 21-3-353, Petlaburj, Charminar, Hyderabad, T.S., - 500002.

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...RESPONDENTS

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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 of Mandamus or any other appropriate writ, order or direction, in taking necessary action against 6th Respondent regarding illegal

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constructions of a building^{being done} by him^{without any permissionor approval} from the concerned authorities^{as per} law^{and enforce necessary measures to} stop the illegal activities of^{constructions immediatelyas illegal, arbitrary, unjust} and u nco nstitutionat and consequently direct^{the respondentsto take necessary} action against the above said^{persons regardingillegalconstructions of a} building being done by 6th^{Respondentwithout any permissionor approval from} the concerned authorities.

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lA NO: 1 OF 2025

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Petition under section^{151 CPC prayingthat in the circumstancesstated} in the affidavit filed in support^{of the petition,the HighCourt maybe pleasedto} direct the respondents to take^{necessaryaction againstthe 6th Respondentand} his associates regarding illegal constructions^{of a buildingbeing done by 6th} Respondent without any^{permission or approval from the concerned authorities.}

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Counsel for the Petitioner: SRI^{THAKURCHANDRA KAMALSINGH}

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Counsel for the Respondent^{No.1: GP FORMUNICIPAL ADMINISTRATION AND} URBAN DEVELOPMENT

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Counsel for the Respondent Nos.2^{to 5: SRI RAPARTHIVENKATESH'} S.C. FOR GHMC

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Counsel for the Respondent^No.6: -

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The Court made the following:^ORDER

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HON'BI E SRIJUSTICE K.I.AKSHMAN

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Wri t Petition No-3782 of2025

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Order:

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Fleard leamed counsel for the petitioner and Sri Raparthi Venkatesh, leamed Standing Counsel appearing for respondens No.2 to 5.

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2 Petitioner herein is claiming that she owns a ponion of open plot Nos.45 and 48 in Survey No.15 admeasuring 25 square yarids situated lll Mailandevpally Village, Greater Hlderabad Municipal C.olporation (GfIMIg. Respondent No.6 is proceeding with the consrruction in the said properry without obtaining permission and without even registering himself with Grearer Hyderabad Municipal Corporation (GFillIQ in terms of Section 7(2) of the Telangana State Building Permission Approval and Self Crrtification Sptem (TS-bPASS) Act, 2020 (for short 'the Act). The said construction is unauthorized construction. Therefore, petitioner has submitted representarion dated 30.01.2025 to

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respondents No2 to 5 with a^request to^{tal<e action against} respondent No.5. Despite^receiving the^{saidrePresentation} and acknowledging the same,^{respondentsNo.2 to 5 did not} act upon the same. Aggrieved by^{the said inaction of} respondents No.2 to 5, petitioner^{filed the present sryit} petltlon.

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Sri Raparthi Venkatesh, leamed Standing Coursel appearing for respondents No.2 to^{5 has produced wriuen} instructiors of respondent No.4- Depury^{C-ommissioneS} Rajendranagar Circle 11, GHMC, stating^that on^{receipt of the} representation of the petitioner, he^{has inspectedthe subject} site and found that respondent No.6^{is proceeding with the} construction without obtaining prior permission^including registration in terms of Section lQ) of^the Act.^{Therefore, he} has directed respondent No.6 to stop construction.^fusistant Gry Planner, Rajendranagar Circle^11, GHMC^{has alsoissued} notice dated 07.02.2025 to respondent^{No.6 with a direction to}

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submit cenain documents including permission etc. thereafter, rn he will take action agairst respondent No.6 strictly accordance with the procedure laid down in the Act byputting respondent No.6 on notice and affording an oppornrnfuy of hearing. The said written instructions along with copy of notice dated 07.02.2025 are placed on record.

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Leamed counsel for the petitioner, on instructiops, would submit that respondent No.5 is proceeding with the constructlon even now.

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In the fuht of aforesaid submission, notice to respondent No.6 is dispensed with and this Vrit Petition is disposed of directing the Assistant Gry Planner, Rajendranagar Circle 11, GHMC, to inspect the sub.iect site and if the allegations made by the petitioner are found to be correct, take action against respondent No.6 strictly in accordance with the procedure laid dosin under the GHMC Act, 1955. FIe shall also consider the explanation/documents submined by respondent No.6. FIe

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shall complete the said exercise within a period of four weeks from the date of receipt of a copy ofthis order. No costs.

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As a sequel, interlocutory applications, pending if any,

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stand closed.

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SD/.P. CH. NAGABHUSHAMBA ASSIs TRE GISTRAR

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//TRUE COPYII

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