4. The Asst.

City Planner, GHMC, Kukatpally, Circle -144, Medchal-NIalkajOiri

Dist.
5. Smt.G.Lalitha Devi Wio Badhraiah, Plot No.79, H.No.13-1-154/5, Circle
No.'14A, Snehapuri Colony, l\iloti Nagar, Hyderabad -500018.

are directed to show cause as to why in the circumstances set out in the petition
and the affidavit filed therewith (copy enclosed) this writ petition should not be
admitted.

w.P.M.P.NO.54820 0F 2017

Petition under Section 151 of C.P.C. praying that in the circumstances stated
in the affidavit filed in W.P. the High Court may be pleased to direct the
Respondent No.2 to 4 to issue an direction order to Respondent No.5 to stop all
the illegal constructions and also proposed constructions being made by the sth
Respondent in/on plot No.79 in Sy.No.22 Snehapuri Colony, Motinagar, Kukatpalli
Circle, Babbuguda Village, Balanagar Mandal, Malkajgiri, Medchal District, pending
disposal of Writ Petilion No.44219 of 20lTonlhefileof the High Court.

THE COURT MADE THE FOLLOWING ORDER:

Heard.

Notice before admission.

Sri Sampath Prabhakar Reddy, learned Standing Counsel for the

Greater Hyderabad Municipal Corporation takes nolice for the respondents 2
to 4.

Learned counsel for the petitioner is also permitted to take out personal
notice on the 5th respondent by Registered Post with Acknowledgment Due
and file proof of service.

The respondents 2 to 4 are directed to consider the representation and

complaint of the petitioner, dated 12.09.2017 and 25.09.20'17, with respect to
the allegations and if the allegations are found to be true, the respondents 2
to 4 shall take necessary steps, by following the due process of law.

List after Sankranthi Vacation, 20'18.

SDIK.TATA RAO

ASSISTAM RZISTRAR
//TRUE coPY/i
FoT ASSISTAMREGISTRAR

1. The Principal Secretary, Municipal Administration & Urban Development

Oepartment, State of Telangana, Telangana Secretariat, Hyderabad.
The Commissioner, Greater Hyderabad Municipal Corporation, Tankband,
Hyderabad.
 MEMORANDUM OF WRIT PETITION
UNDER ART.226 OF THE CONSTTTUTTON OF |NOIA) 3
IN THE HIGH COURT OF JUDICATURE OF AT HYDERABAD

FOR THE STATE TELAI{GANA AND STATE OF ANDHRA

PRADESH
(Speciat Originat Jurisdiction)

W.P.NO: OF ZOLT

Between:
STi.]ANGE VENKATA KRISHNA REDDY
S/o STi.J.VENKATA REDDY
Aged about 54 years
rvo H. No. 13 - 1- 15416/ 1
Snehapuri Colony
Moti Nagar ...petitioner

AND
1. The State of Telangana
Rep by its prtncipal Secretary
Munlclpal Adminlstration
& Urban Development Department
Telangana Secretariat, Hyderabad

2. Greater Hyderabad Municipat Corporation

Rep by the Commissioner
Tan kba nd
Hyderabad

3. The Deputy Commissioner

GHMC,Kukatpalty Circte _14A
Medchal-Malkajgiri Dist

4. Asst.City planner
GHMC, Kukatpally Circle -144
Medchat-Malkajgiri Dist

5. Smt.G.LALITHA DEVI
WO BADHMIAH
ptot no.Zl
H.No.13_1_15415
Circle no.14A
Snehapuri Colony
Moti Nagar
Hyderabad -500018 ...Respondenvs

The address for service of all notice and process on the above
petitioners are that of their counsel SRI.D.L.KIMN PRAKASH &
A.SRINIVASULA RA,U Advocates, A.p., HIGH COURT Advocates
Association,
Hyderabad.
 it is prayed
For the reasons stated in the accompanying affldavit,
that this Hon'ble Court may be pleased to issue a writ, Order or Direction
more particularly a Writ in the nature of Writ of Mandamus declaring the action
of the Respondent 2 to 4 in not taking any action against the sth Respondent
inspite of repeated representation & complaint of the petltloner
Dt.12-09-17,25-09-17 As illegal, arbitrary and violative of the principals of
natural Justices and consequently direct the Respondents 2 to 4 to demolish
the illegal construction made by the sth Respondent on plot no.7$ Snehapuri
colony, Motinagar, Kukatpally vlllage, Balanagar lvlandal, Malkajgiri-Medchal
Dist and to pass such other orders or orders as this Hon'ble court may deem
fit and just and proper in the circumstances of the case and pass such other
order or orders as this Hon'ble Court may deem fit and proper in the
circumstances of the case in the interest of justice.
Counsel for the Petitioner
 The State of Telangana
Rep by its Principal Secretary
Munlcipal Administration
& Urban DeveloPment DePartment
Telangana Secretariat, HYderabad

Greater Hyderabad Municipal Corporation

Rep by the Commissioner
Tankband
Hyderabad

...Respondent/s

ISTi.JANGEVENKATAKRISHNAREDDYS/oSTiIVENKATAREDDY'Agedabout
1- 154/6/l,Snehapurl Colony MotiNagar
do hereby
54 yea6, R/o H.No.13-
as follows:
solemnly and sincerely affirm and state on oath

\-J
5 v lr-^'-&'t*^ l-'!
DePonent
1't page corredion
 L-

01. I am the petitioner herein and as such I am well acquainted with the
fact of the case.

I submit that above writ petition is filed questioning the action of the
Respondent no.2 to 4 in not taking any action on the repeated
representation and complaints lodged by me against the Respondent
no.5 Dt.12-09-17,25-O9-L7 as illegal arbitrary and violative of
principles of natural Justice.

03. I am the absolute owner of house no.13-1-1541611,(old no.1-96/1)

plot no.79, sy.no.22 admeasuring 240sq.yds or 199.20sq.mts
situated at Snehapuri Colony, Babugudda Village, Kukatpally
l'4unicipality, Balanagar Mandal previously R.R.Dist & presently
Medchal-Malkajgiri Dist, having purchased the same under Regd.Sale
Deed No.4519/05 Dt.13-06-05 from K.NAVEEN KUMAR S/o
K.ANTHoNY. submit that right from the date of my purchase I am
I
in possession and enjoyment ot the property. I submit that after the
Govt. has issued GoMs No.902 & GoMs No 113, I have made an
application for regularization of my plot to GHMC and GHMC vide
their proceedings LRS/3969/C|r-14lwz/GHMC/2OOB Dt.25-07-09
regularized the plot no.79 in sy.no.22 Circle no.14, GHMC belonging
to me. I submit that even the construction made by me on the above
plot was regularized under the BPS Scheme vide proceeding no.
BPS/20599/C|rcle-14/GHMc Dt,27-08-09 and I continue to reside in
the above said property and building along with my family members
right from the date of my purchase and without any interferences
from anybody.

04. I submit that the Respondent no.5 herein without any right or title
whatsoever in nature and claiming to be the owner of the
neibhouring property bearing plot no.78 alleging that she purchased
the above said property and started to make un-authorized
construction on the said plot. There upon I along with my neibhours
logged a complaint with the police who have not taken any adion
stating it to be Civil in nature. There upon I along with the
neighbours approached the Residential Welfare Associations / Society
and lodged a complaint against the Respondent no.5.Thereafter the
members of the society on various occasions try to impress upon the
Respondent no.5 not to
undertake any unlawful and unauthorized
construction but the Respondent no.5 fail to pay heed to the advice
of the Society members.
f,.'J.lz-ll^*,. I'o:Y,
2nd page correction Attestor Deponent
 no other alternative
05. I submlt that in the circumstances I was left with
except to lodge a written representation of
my grievance against the
GHMC' Hyderabad against
neigbhour wlth the Deputy Commissioner
plot no 78 of Snehapuri
the illegal construction being carried out on
Respondent no'5 lYithout leaving any setbacks
as
colony by the
grievance was lodged with
required as per the GHMC Act & Rules My
But the authorities
Respondent no.4 through what'sapp on 23-06-17
/ Respondent no.4 fail to take any action'

06. I submit that I submitted a written

as there was no positive response
and which was
complaint to the Respondent no'3 on 12-09-17
Though the
acknowledged by the Respondent no'3 accordingly'
failed to take any action'
Respondent no.3 received the complaint he

Respondent no 3 & 4'

07. I submit that in view of the inaction of the
provided to the
I have approached the GHI4C through their website
citizens under Grievance Redressal System through Grievance
Method 'PRA)AVANI on 25'09-17 and lodged
a
complaint' The
and it
authority registered my Grievance with no 2017-09-PV362526
Rao' ACP'
was asslgned to the concerned officer Sri'K Mallikarjun
constructlon' The
7993360266 about my complaint - unauthorized
complaint was taken on file and duly acknowledged'

submission of complaint I was informed

by the
08. I submit that after
authority that an opportunity will be provided
to me after issue of
Show cause notice to the Respondent no 5 directing to the
Respondent no.s to submit the documents'
On the assurance and

information given to me I was waiting for

a follow up from the
dePartment.

Rao' ACP' he
09. I submit that when I contacted Sri K Mallikaiun
notice issued and called
informed me that action has been taken and
was taken l submit
for the documents. Thereafter no further action
having made a number
that havlng waited for a number of days and
status of my
of visits and trips to GHMC Office to enquiry the
informatlon from the
complalnt I was not able to recelve any
the status of my
authority, Thereafter I was informed to check
complaint from the website on 05-10-17
I came to know that the
was closed. I was shocked to note that
without giving me
complaint
documents etc" the
an opportunity to submlt my grievance' my
Respondent no.4 closed the complaint
for reasons best to knor{n to
him' (i'l *dY
Y^:'v"^**-
Deponent
3d page correction
 L.

I submit that in the meanwhile the sth Respondent working hand in

glove with the department raised 6 slabs which is not at all permitted
as per the GHt4C Building rules since the existing road is only 25, ft.
Isubmit that giving go by to all the procedure laid down by the
GHt4C authority the 5s Respondent in a hasty manner is completing
the construction. She has also projected her Balconies, Window Sills,
Lintels into the neighbor's property and since she failed to provide
sufficient space, the rain water has been fallinE from the balconies,
window sills, lintels etc., into the neighbor property and as a result of
which the neighbouring owners are being put to a lot of
inconvenience by the 5s Respondent continuously even till this date
inspite of the complaint lodged by my neiqbhour Mr.K.pApA MO vide
what'sapp, there is no response from Respondent no.2 to 4also.

11. I submit that since the Respondent no.2 to 4 have failed to initiate
any action against the Respondent no.5 even till this date / left with
no other alternative, I am constrained to approach this Hon,ble court
for Redressal of my crievance against to Respondent no.2 to 4 and
5, and the said action of the Respondent no.2 to 4 in not initiatinq
any action to prevent and stop the illegal construction made by the
Respondent no.5 and failillg to demolish the un-authorized
construction made by the Respondent no.5 is illegal arbitrary and
violation of the principles of the natural Justice. I submit that on
account of inaction of the Respondent no.2 to 4 I am being put
irreparable loss, hardship and injustice/mental agony.

I submit that I
have no other alternative effective remedy except to
invoke the extra ordinary Jurisdiction of this Hon,ble court under
Article 226 of Constitution of India.

13. I have not filed any writ earlier or no suit or proceedings pending
before any court or authority seeking similar relief as sought in the
present writ petition.

14. It is therefore prayed that this Hon,ble court in the interest of Justice
may be pleased to issue a Writ, order or directions more particularly
one in the nature of writ of Mandamus declaring the action of the
Respondent no.2 to 4 in not taking any action against the
Respondent no.s on the representation , complaints of the petitioner
Dt.23-06-77, L2-09-L7 & 25-09-17 as illegal, arbitrary and viotative
of principles of natural Justice and consequently direct the

( ...r . K;4{"*.. t\.o-s !1.

4th page correction Deponent
 t0
Respondent no.2 to 4 to take action on the representations and
complaints of the petitioner and demolish the illegal construction
made by the 5th Respondent on plot no.79 in sy.no.22 Snehapuri
Colony, Babugudda Village, Kukatpally Circle, Balanagar Mandal,
Medchal-Malkajgiri Dist pending disposal of the above writ petition, in
the interest of Justice and equity and pass such other order or orders
as this Hon'ble court may deem fit and proper in the circumstances
of the case.

<.r.l' k-fll*^-l'o-!Y.
Deponent

Sworn and signed on this

_ day of December 2017

at l-lyderabad, Before me

Advocate, Hyderabad

VERIFICATION

I Sri.lANGE VENKATA KRISHNA REDDY S/o ST|.J.VENKATA REDDY,

Aged about 54 years, R/o H.No.13-1-154/6/l,Snehapuri Colony, MotiNagar,

Hyderabad do hereby solemnly and sincerely affirm and state that the contents

of the above paragraphs no.1 to 14 are true to the best of my knowledge and

belief and the legal submission are based on legal advice.

Hence verified on this _ day of December 2017 at Hyderabad.

.d r.r -t.^1&^^- t--s'>-t.

Deponent