Telangana High Court

WP/32614/2026 of Khaja Samaduddin, Vs The State of Telangana on 29 September 2026

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Speciat Original Jurisdiction) TUESDAY, THE TWENW NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY wRtT PETITION NO: 32514 OF 2026 Between: Khaja Samaduddin,, Aged Major, Owner/Occupant

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Speciat Original Jurisdiction)

TUESDAY, THE TWENW NINTH DAY OF SEPTEMBER

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

wRtT PETITION NO: 32514 OF 2026

Between:

Khaja Samaduddin,, Aged Major, Owner/Occupant of H.No.19-3-744/37, Outside Ghazi Banda, Mohammadia Colony, FalaknUma, Hyderabad - 500053,

Telangana State

...PETITIONER

AND

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

2. Greater Hyderabad Municipal Corporation,, Rep. by its Commissioner, GHMC Head Office, Hyderabad, Telangana State

3. The Zonal Commissioner,, GHMC, Rajendranagar Zone, Hyderabad,

4. The Deputy Commissioner,, GHMC, Circle No.22 - Falaknuma, Rajendranagar Zone, Hyderabad, Telangana State The Assistant City Planner,

5. The Assistant City Planner,, Town Planning Section, GHMC, Circle No.22 - Falaknuma, Rajendranagar Zone, Hyderabad

6. Syed Hafeez, S/o: Syed Yakoob Ali, Aged about 53 years, Occ: Business, R/o H.No.19-3-744, Outside Ghazi Banda, Hyderabad, T.S. - 500053 ...RESPONDENTS 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, Order or Direction, more particularly one in the nature of a WRIT OF MANDAMUS, declaring the inaction of Respondent Nos.2 to 5 on the Petitioners complaint dated 16.09.2026, GHMC Grievance Nos.1609266145082 and 17.09.2026

1709266148033 and e-Office acknowledgement Computer 18 09.2026 No.919374, in respect of the unauthorized construction at H.No.19-3-744 138, Outside Ghazi Banda, Mohammadia Colony, Falaknuma, Hyderabad, as illegal, arbitrary and contrary to the Telangana State Building Permission Approval and Self Certification System (TS-bPASS) Acl, 2020 and the applicable municipal/building laws and consequently direct Respondent Nos.2 to 5 to forthwith insperct and measure the subject property and the abutting 2S-feelwide public road, verify the sanctioned building permission, if any, and remove and demolish the entire unauthorized and non-permissible construction/deviations and any RCC columns, slabs, projections, balconies, penthouse or other structures found to have been raised without sanction, beyond the permissible building line or by encroaching upon the public roadistreet, and to restore the public roadiaccess in accordance with law wilhin a time to be fixed by this Hon'ble Court. l.A. NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumr;tances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct Respondent Nos.2 to 5, pending disposal of the main Writ Petition, to immediately inspect H.No.19-3-744138, verify the sanctioned building plan/permission and the 25- feet-wide road boundary, forthwith stop and prevent any furlher construction not covered by a valid sanction, and ensure that Respondent No.6 does not proceed with or complete any further unauthorized construction and Dermolish unauthorized construction which is contravening to the sanction plan if anv and while initiating statutory enforcement action on the Petitioners complaints dated '16.09.2026 and 1 7 .09.2026, 1 8.09.2026. Counsel for the Petitioner: MS. ASHRUTA JAIN Counsel for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent Nos.2 to 5: SRI RAPARTHI VENKATESH, SC FOR GREATER HYDERABAD MUNICIPAL CORPORATION Gounsel for the Respondent No.S:--- The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No.32614 OF 2026 NR.No. 8HC010667912026 Date: 29.09.2026 Between: Khaja Samaduddin AND Petitioner. The State of Telangana, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad, and others. .. Respondents ORDER:(ORAL) Heard Ms. Ashruta Jain, learned counsel for the petitioner; and [\4r. Raparti Venkatesh, learned Standing Counsel for Greater Hyderabad Municipal Corporation, appearing for respondent Nos.2 to 5, and perused the material available on record.

2. Learned Standing Counsel appearing for respondent Nos.2 to 5 submitted that the complaint dated 17.09.2026 (Grievance 1D.No.1709266148033) filed by the petitioner with regard to the unauthorised construction and encroachment upon the public road at H.No.19-3-744/38 situated at [/lohammadia Colony, Gazibanda, \

BVR,J W.P No.32614 2026 Falaknuma, Hyderabad, allegedly made by respondent No.6, would be considered in accordance with law

3. ln view of the above, the writ petition is dispos;ed of, directing respondent No.4 Deputy Commissioner, GHtt/C, (lircle No.22 - Falaknuma, Rajendranagar Zone, Hyderabad, to consider the petitioner's complaint dated 17.09.2026 (Grievance lD.No.'1709266148033), regarding the unauthorised c()nstruction and encroachment upon the public road at H.No.19-3-74t-138 situated at Mohammadia Colony, Gaztbanda, Falaknuma, Hyderabad, allegedly made by respondent No.6, by issuing notice to the petitioner and respondent No.6 and affording an opportunity of perscnal hearing to them, and pass orders in accordance with law, within ;e period of four

(04) weeks from the date of receipt of a copy of this ord,:r. As this order IS passed without entering into the merits of the <;ase, notice to respondent No.6 is dispensed with. However, if resporrdent No.6 is in any way aggrieved by this order, he is at liberty to approach this Court seeking modification of this order. There shall be no ord=r as to costs As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed SD/- K.V.O. NARSI BABU ASSISTANT REGISTRAR //rRUE coPYtt G IiECTION OFFICER The Principal Secretary, The.State of Telangana, Munioipal Administration and Urban Devetopment Department, S""r"t";i;'H;derat,ad

To o

I

9. The commissioner, Greater Hyderabad Municipar corporation, GHMC Head Office, Hyderabad, Telangana State The Zonal Commissioner,, GHMC, Rajendranagar Zone, Hyderabad, Telangana State Ih" Deputy Commissioner,, GHMC, Circle No.22 _ Falaknuma, Rajendranagar Zone, Hyderabad, Terangana state The Assistant city Planner, The Assistant City Planner,, Town planning Section, GHMC, Circle No.22 _ Falaknuma, Rajendranagar Zone, Hyderaba-d One CC to M/s. Ashruta Jain, Advocate IOPUCI Two CCs to GP for Municipal Administration and Urban Development, High Court for the State of Telangana, at Hyderabad [OUT] One CC to Sri Raparthi Venkatesh, SC for GHMC[OpUC] Two CD Copies TJ PSK

HIGH COURT DATED: 2910912026 CC TODAY -!:-'-::--1- ,(Af E {)_}, '\ -; . ,a./ \1 srl\s ;; ,', // -oi#,,/ ,...:tl'":-'.,O =---. x\ -.::-: p

ORDER

WP.No.32614 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS. ,f 1a I tcr \ i'l

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