Heera Begum @ Kaleem Sulthna Vs The State of Telangana

2 The Greater Hyderabad l/unicipal Corporation, Tank Bund Road, Hyderabad, Rep. by its Commissioner The Chief City Planner, Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad.

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4 The Assistant City Planner, Town Planning Section Circle 10, Ward 47 Hyderabad, TS

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5 Syed Abdul Hafeez, S/o Syed lsmail Aged Major, Occ. Business

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Syed Abdul Rahman, S/o Syed lsmail, Aged Major, Occ. Business

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7 Syed Abdul Hafeez, S/o Syed lsmail Aged Major, Occ. Business 8 Badiunnisa Begum, W/o Syed lsmail Aged Major, Occ. House hold

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Respondents No. 5 to 8 are R/o H.No. 9-4-86/20, on Plot No. 20, situated at Salar Jung Colony, Tolichowki, Shaikpet Village, Hyd., TS

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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 pass an order, direction or writ particularly in the nature of Writ of Mandamus declaring the inaction of the Respondents No. 2lo 4 on the representation of the Petitioner daled 17-01-2025 against the illegal structure being raised by Respondents 5 to 8 in and over the property bearing

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No. 9-4-86/20,^{on F lot fJo. 20 in Survey Nos' 141} '^{142' 143'admeasuring 280} Sq. Yards, situatel^{at Salar} '\rng^{Colony' Tolichowki' ShaikpetVillage'} Hyderabad,^{TS, '1c illelJal,arbitrary,and unconstitutional Consequentlythis} Hon'ble Court^{may be pleased to direct the Respond/ents No 2 to 4 to take} immediateandnectrssaryactionagainsttheillegalConstructionbeingraisedby the Respondent^{No 5 lcr 8 in and over the housebearing No 9-4-8ei/20' on Plot} No. 20 in^{Survey Nos. 141 , 142, 143, admeasuring280 Sq Yards situated at} Salar Jung^{Colony', Iolichowki,Shaikpet Village'Hyderabad'T S'}

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lA NO: 1 oF²⁰²⁵

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Petition uncler^{Section151 CPC praying that in the circumstances stated} intheaffidavitfiledinsrpportofthepetition,theHighcourtmaybapleasedto pass an lnterim Directic'n^{thereby directing the RespondentsNo 2 to 4 to stop} the illegal constrllc^{ion being carried out by the Respondent No 5 to, 8 on the} subjeit^{property br,arin3 houseNo 9-4-86120} '^{on Ptot No 20 in Survey Nos'} 141 , 142,^{143, adrreasuring 280 Sq Yards' situated at Salar Jung Colony'} Tolichowki,^{Shaikptl{ Village,Hyderabad,TS' and demolish the illegal structure} being raised^{over the said propertywithoutthe sanction plan or permit and} demolish the^{entire illegal structure standingon the subject property}

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Counsel for the^{Petitioner:SRI MOHAMMED ADAM}

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Gounsel for^{the Respondent No.1: GP FORMCPL ADMNURBANDEV}

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Counsel for the^{Respondent No.2 to 4: SRIMIDDE ARUN KUMAR'} SC FOR GHMC

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The Court made^{the following:ORDER}

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a_-\

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THE HON'BLE SRIJUSTICE K. LAKSHMAN

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WRIT PETITION No.3808 of 2 02s

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ORDER:

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Heard learned counsel for petitioner and Sri Midde Arun Kumar, leamed Standing Counsel for Greater Hyderabad Municipal Corporation (GHMC) appearing for respondent Nos.2 to 4.

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Petitioner is claiming that she is one of the owners of house bearing No.9-4-86l20 on plot No.20 in Survey Nos.l4l, 142, 143, admeasuring 280 Sq.yards, situated at Salarjung Colony, Tolichowki, Shaikpet Village, Hyderabad. The aforesaid property is not partitioned. All the legal heirs of late M.A. Kasim are having right over the said property. Therefore, petitioner had filed a suit vide O.S.No.47l of 2019 seeking partition and separate possession ofthe said property. The said suit is pending. During pendency of the said suit, respondent Nos.5 to 8 started construction on the aforesaid property by encroaching into the public road/passage without obtaining required permission from GHMC and without leaving

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KL, J $ P.No 31108 of2025

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setbacks.^'-he same is an^{unauthorizedconstruction. [t is a} significant threat to the^{safety and integrity. df the people of the} said locali y.^'lherefore, she^{has submitted a representation} dated 17.01.2025 to 4ft respondent -^{AssistantCity Planner,} Town Planning Section, Circle^{10, Ward 47, Hyderaba<l,with} a request to take action against^{respondentNos.5to 8. Despite} receiving and acknowledging the said^{represerLtation,} 4th responc.ent did not act upon the same.^{Aggrievedby the} said inaction ol4th respondent,^{petitionerhas} filed^{the present}

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Writ Petition.

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Leanred Standing Counsel appearing for^resp'cndent Nos.2 to 4, on instructions, would submit that^{4th resp,cndent} will consicer the said representation submitted by^petitioner, inspect thr strbject property and if the allegations^{mzrde by} petitioner iLre lbund to be correct, he will take action against respondent Nos.5 to 8 strictly in accordance with the procedure laid down under Greater Hyderabad Municipal Corporatior .A.ct, 1955 (for short 'the Act'), by putting

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KL, J w.P-No 3808 of 2025

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petitioner and respondent Nos.5 to 8 on notice and affording

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them an opporhrnity ofhearing.

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In the light of the above said submissions, issuance of notice to respondent Nos.5 to 8 in the present Writ petition is

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dispensed with.

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Accordingly, this Writ Petition is disposed of directing

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4n respondent to consider the representation dated 17.01.2025 submitted by petitioner, inspect the subject properfy and ilthe allegations made by petitioner are found to be correct, he shall take action against respondent Nos.5 to 8 strictly in accordance with the procedure laid down under the Act, by putting petitioner and respondent Nos.5 to 8 on notice and affording them an oppomunity of hearing. Further, 4th respondent is directed not to adjudicate the disputes between petitioner and respondent Nos.5 to 8 with regard to aforesaid property since

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the suit vlde O.S.No.47l of 2019 filed by petitioner seeking partition and separate possession of the subject property is pending. He shall confine to the allegations made by petitioner

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KL, J rI' P N. 3soa of 2025

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that respondent Nos.5 to 8^are proceeding \Yith the

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constructior on the subject^{properfy withoutobtaining;prior}

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permission from GHMC, by encroaching^{into the public} road/passalie. l{owever, he shall^{complete the saide>rercise} within a period of four⁽⁴⁾ weeks^{from the date of receipt of a}

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copy ofthi,; order. There shall^{be no order as to costs.}

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Misc:llaneous applications, if^{any pending,shallstand}

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closed.

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SD/- T.'VIJAY KUMAR Ass(s TI ANII REGISTRAR //TRUE COPY/i I

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$ecroru oFFrcER

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To,