THE HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.8718 of 2015

ORDER:

This writ petition is filed seeking a direction to respondent Nos.1 and 2 to take appropriate action against respondent No.3 and to demolish the unauthorized construction made by respondent No.3.

2. Heard Sri N.Vinesh Raj, learned counsel for the petitioner and Sri G.Madhusudhan Reddy, learned Standing Counsel for respondent Nos.1 and 2.

3. Learned Counsel for the petitioner would submit that the petitioner is the owner and possessor of TRT No.74, first floor, Industrial Housing Colony, Jawaharnagar, Chikkadapally, Hyderabad, having acquired the same vide gift deed No.3858/2012 dated 06.12.2012. He further submits that respondent No.3 is the owner of TRT No.73, Ground floor, Industrial Housing Colony, Jawaharnagar, Chikkadpally, Hyderabad, having acquired the same through Sale Deed No.4966/2006.

4. Learned Counsel for the petitioner further submits that all the owners and possessors of TRT quarters are bound by the conditions specified in Schedule B of the Sale Deed. As per Schedule B of the Sale deed, the purchaser should not make any construction without specific consent of the owner of the upper tenement or lower tenement and the space reserved for common purpose of the subject property is the property of the Government and further the common passage of the stair case room leading to first floor shall be the common property of the allottees of the flats of first floor and shall not be used for any other purpose without the consent of the other owners.

5. Learned Counsel for the petitioner further submits that contrary to the aforesaid terms mentioned in Schedule B of the sale deed, respondent No.3 has constructed compound wall and other structures encroaching upon the land meant for common use. Upon a complaint, the respondent Nos.1 and 2 demolished the said compound wall and structures, however, respondent No.3 has again constructed compound wall and a shed, thereby occupying the common area and also causing inconvenience to the ingress and egress of the occupants of the subject property. Though, the petitioner submitted representations to respondent Nos.1 and 2, no action has been taken. Aggrieved by the same, present writ petition is filed.

6. Learned Standing Counsel for respondent Nos.1 and 2 by referring to the counter submitted that pursuant complaints made by the petitioner on 02.03.2015 and 04.03.2015 against the illegal and unauthorized construction made by respondent No.3, respondent Nos.1 and 2 have issued notice dated 09.03.2015 under Sections 452(1) and 461(1) of the GHMC Act, 1955 to the respondent No.3 as to why the said illegal construction shall not be removed and have also stopped the construction work being undertaken by respondent no.3. Therefore, the cause in the writ petition does not survive.

7. Learned Counsel for the petitioner would submit that in view of the stoppage of unauthorized construction being made by respondent No.3, the writ petition may be closed, however liberty may be granted to the petitioner to take appropriate steps, if fresh cause of action arises.

8. Considering the aforesaid submissions of learned counsel for the petitioner and learned Standing Counsel for respondent Nos.1 and 2, the writ petition is closed, however liberty is granted to the petitioner to approach appropriate authority, in case, fresh cause of action arises. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

___________________________________ LAXMI NARAYANA ALISHETTY, J Date: 28.10.2025 tk THE HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.8718 of 2015 Dt.28.10.2025 tk