Shaik Osman Vs The State of Telangana

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

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WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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WRIT PETITION NO: 3919 OF 2025

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Between:

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Shaik Osman, S/o. Late Shaik Hussain, Aged about 57 years, Occ. Business, Rl/o. H. No. 9-3-31 21 1, Akbarpura, Tolichowki, Hyderabad.

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Mohammed Maqbool Hussain, Sio. Late Wali Mohammed, Aged 62 years, Occ. Business, R:/o. H.No. 9-4-871'l1111, Al Kareem Colony, Tolichowki, Hyderabad.

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Mohammed Sharique, S/o. Mohammed Misaaq, Aged about 61 years, Occ. Business, Ri/o. H.No. 12-2-790183, Ayodhya Nagar eolony, Hydera-had.

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...PETIT|ONERS

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AND

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

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The Commissioner, Greater Hyderabad Municipal Corporation, Tankbund Road, Hyderqbad.

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The Deputy Commissioner, Karwan Circle-13, Khairatabad Zone, GHMC, Hyderabad.

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The Assistant City Planner, Karuan Circle-13, Khairatabad Zone, GHMC, Hyderabad.

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Janardhan, S/o. Not Known to the Petitioners, Aged about 50 years, Rl/o. H.No. 9-3-234i1 , Akbarpura, MD Lines road, Tolichowki, Hyderabad.

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandarnus declaring the action of the Respondent nos.^'l to 4 in not demolishing the illegal and unauthorized construction made in the premises bearing no. 9-3-23411 , Akbarpura, MD Lines Road, Tolichowki, Hyderabad, without any permission, without leaving any set-backs and by encroaching the 6 feet lane on the southern side of the petitioners property, by considering the representation dl. 0410412024 as arbitrary, illegal, contrary to law, against the principles of natural justice, contrary to the provisions of the Greater Hyderabad Municipal Corporation

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Act and also violative^{of A,rticles 14,21 and 300-A of the constitution of lndiaand} consequently direct^{the RespondentNos. 1 to 4 to demolishthe illegaland} unauthorized construction^{made in the premises bearingno. 9-3'23411, Akbarpura'} MD Lines Road,^{Tolichorrvki,Hyderabad,by considering the representation,dt.} 0410412024 of the Petitionr:rs'

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lA NO:'1 OF

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Petition under section^{151 CPC praying thatin the circumstances statedin} the affidavit filed^{in suppo.tbf the petition, the High court may be pleasedto direct} the Respondent^{nos. 1 tc 4 to considerthe representation.dt. 0410412024 of lhe} petitioners in accordance with^{law, pendingdisposal of the writ petition.}

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Counsel for the^{Petitioners:SRI M.RAJENDER REDDY} Counsel for the Resporrdent^{No.1: GP FOR MCPLADMN & URBAN DEV} Counsel for the^{Respondent Nos.2 TO 4: SRI MIDDE ARUN KUMAR, SC FOR} GHMC

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Counsel for the^{Resporrc ent No.S:} --

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The Court made the^{following:ORDER}

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].JI

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HON'BLE SRI JUSTICE K. LAKSHMAN

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WRIT PETITION No.3919 of 2025

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ORDER:

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Heard learned counsel for the petitioners, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Sri Midde Arun Kumar, learned Standing Counsel appearing for respondent Nos.2 to 4. Perused the record.

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In view of the nature of relief sought by the petitioners, this Writ Petition is disposed of at the admission stage dispensing with notice to respondent No.5. 3. Petitioners are resident/ of Akbarpura, Tolichowki, Hyderabad. Respondent No.5 is their neighbor. He is making construction on the house bearing No.9-3-234/ 1 by encroaching main road without leaving setbacks. Therefore, petitioners submitted a representation, dated 04.O4.2024 to respondent Nos.2 to 4 with a request to take action against respondent No.5. Despite receiving and acknowledging the said representation, respondent Nos.2 to 4 did not act upon the same. Aggrieved by the said inaction

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\.P.No.3919 of 2025

of respondent Nos.2 to 4, the petitioners filed the present writ petition.

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Whereas, Sri Midde Arun Kumar, learned Standing Counsel appearing for respondent Nos.2 to 4, on instructions, would submit that respondent Nos-3 and 4 will inspect the site, consider the representation, dated 04.O4.2024 and if the allegations made by the petitioner are found to t,e correct, they will take action against respondent lJo.S strictly in accordance with the procedure laid down under the Greater Hyderabad Municipal Corporation .Act, 1955 (for short the Act, 1955) b1, putting the petitiont:rs and respondent No.5 on notice and a.ffording therri an opportunity of hearing.

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In the l:ght of the said submissions, this Writ Petition is disposed ol directing respondent Nos.3 and 4 to consider the representation, dated 04.04.2024, submitted by the petitioners, inspect the site and if the allegations made by the petitioners are found to be correct, they shall take action against respondent No.5 strictly in accordance with

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KL,J W.P.No.39l9 of 2025

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the procedure laid down under the Act, 1955 by putting the petitioners and respondent No.5 on notice and affording them an opportunit5r of hearing. They shall complete the said exercise within a period of four (4) weeks from the date ofreceipt ofa copy ofthis order. No costs.

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As a sequel thereto, miscellaneous petitions, if any,

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pending in the Writ petition shall stand closed_ l

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SD/-T. TIRUMALA DEVI ASSISTANT REGISTRAR

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//TRUE COPY//

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S CTION OFFICER

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To