Telangana High Court
Nayeem Siddiqui Mohammed Nayeem ... vs State Of Telangana on 26 April, 2024
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.11263 of 2024
ORDER:
This Writ Petition is filed to for issuance of a Writ of Mandamus to
declare the action of the respondents in not demolishing the illegal and
unauthorized ongoing construction of Ground + four upper floors raised by
the unofficial respondent No.6 in the premises bearing Municipal No.14-1-
430/13 situated at Rocket Ground, Aghapura, Hyderabad, in spite of
bringing to the notice of the respondents-authorities by way of
representation dt.22.02.2024, as being illegal, arbitrary and
unconstitutional, besides gross violation of the provisions of the
Hyderabad Municipal Corporation Act, 1955.
2. Heard learned counsel for the petitioner, learned Government
Pleader for Municipal Administration and Urban Development appearing
for respondent No.1 and Sri K.Siddharth Rao, learned Standing Counsel,
appearing for respondent Nos.2 to 5 and with the consent of the learned
counsel appearing for the parties, the Writ Petition is taken up for hearing
and disposal at the admission stage.
3. Having regard to the manner of disposal of the Writ Petition at the
admission stage and the lis involved in this Writ Petition, this Court is of
the view that notice to unofficial respondent No.6 is not necessary for
adjudication of the present Writ Petition.
4. Shorn of unnecessary details, the petitioner contends that the
unofficial respondent No.6, who is the owner and occupier of residential
property bearing Municipal No.14-1-430/13 situated at Rocket Ground,
Aghapura, Hyderabad, had taken up construction of building, consisting of
four upper floors without obtaining any permission and without following
the building rules and regulations.
5. Petitioner further contends that on noticing the aforesaid
unauthorized and illegal construction taken by up the unofficial
respondent, he had approached the respondents-authorities and
submitted a representation dt.22.02.2024 bringing to the notice of the
authorities the aforesaid unauthorized and illegal construction undertaken
by the unofficial respondent and sought for demolition of the same.
6. Petitioner further contends that in spite of the aforesaid
representation having been submitted by the petitioner, no action is taken
and on the other hand, the unofficial respondent is proceeding with the
unauthorized and illegal construction.
7. Per contra, learned Standing Counsel appearing on behalf of
respondent Nos.2 to 5 has placed before this Court written instructions
under the signature of the 5th respondent.
8. By the written instructions, it is stated that the unofficial
respondent had obtained building permission for construction of individual
residential building consisting of stilt + two upper floors on 07.12.2023,
and contrary to the said building permission, the unofficial respondent has
already laid slab for third floor and the authorities noticing the
unauthorized and illegal construction undertaken by the unofficial
respondent have caused a show cause notice on 221.01.2024 and called
upon the unofficial respondent to submit explanation/reply to the same.
9. Learned Standing Counsel further submits that since, the unofficial
respondent did not submit any explanation to the show cause notice
issued, the authorizes have passed a Speaking Order dt.05.02.2024
holding the construction being made by the unofficial respondent to be
unauthorized and illegal construction and called upon the unofficial
respondent to remove the same within a period of 15 days from the date
of Speaking Order.
10. Learned Standing Counsel further submits that upon the
respondents-authorities passing the Speaking Order, the unofficial
respondent had approached the Court of Civil jurisdiction and filed a civil
suit, vide O.S.No.378 of 2024 and obtained an order of status quo in
I.A.No.208 of 2024 on the file of the IV Junior Civil Judge, City Civil Court,
Hyderabad.
11. Learned Standing Counsel further submits that the unofficial
respondent having obtained an order of status quo by approaching the
Court of Civil jurisdiction, however, in violation of the said status quo order
was proceeding with the further construction, and thus, the authorities
have also issued a letter dt.27.02.2024 calling upon the unofficial
respondent to stop further construction, as the same would be in violation
of the order of status quo.
12. Learned Standing Counsel further submits that the respondents-
authorities are taking steps to get the order of status quo vacated in the
aforesaid suit instituted by the unofficial respondent.
13. Learned Standing Counsel further submits that on the order of
status quo being vacated by the Court of Civil jurisdiction, the
respondents-authorities would take steps for enforcing the Speaking Order
dt.05.02.2024.
14. At this stage, learned counsel for the petitioner submits that the
petitioner will also take steps to implead himself in the aforesaid suit and
bring to the notice of the concerned Court, the misrepresentation and
suppression of fact resorted to by the unofficial respondent, while
approaching the Court and obtaining an order of status quo, and also the
order passed a Division Bench of this Court in the case of M unicipal
Corporation of Hyderabad v/ s. Philom ena Education Foundation 1 ,
and the said judgment is reiterated by the High Court by issuing Office
Order, vide Circular dt.20.02.2017 in ROC.No.7/Reg.Judl/2017, which was
2008 (2) ALD 1
yet again reiterated in Circular dt.08.11.2023 in
ROC.No.14/Reg.Judl/2023, whereby Civil Courts were directed to exercise
caution while granting order of status quo , for getting the order of status
quo vacated.
15. I have taken note of the respective contentions urged.
16. Having regard to the submissions made as above, this Court is of
the view that the respondents-authorities as well as the petitioner are at
liberty to bring to the notice of the concerned Civil Court the order of
Division Bench of
this Court in Philom ena Education Foundation 's case (supra) as well
as the Circulars dt.20.02.2017 and 08.11.2023 and seek for vacating the
order of status quo passed by the Court of Civil jurisdiction in I.A.No.208
of 2024 in O.S.No.378 of 2024. Upon the order of status quo being
vacated, the respondents-authorities shall take steps for enforcing the
Speaking Order in an expeditious manner.
17. Subject to above observation and liberty, the Writ Petition is
disposed of. No order as to costs.
18. Miscellaneous petitions, if any, pending in this writ petition shall
stand closed.
___________________
T. VINOD KUMAR, J
Date:26.04.2024
GJ
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.11263 of 2024
26.04.2024
GJ
