IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION No.32296 of 2013 DATE: 01.04.2026 Between:

Alladi Ramesh Kumar and another.

…Petitioners AND The Government of Andhra Pradesh, Represented by its Principal Secretary, to the Municipal Administration, Secretariat Buildings, Hyderabad and four others.

…Respondents

ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:-

“…to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondents nos. 2 to 4 in not taking any action against the illegal construction without taking any permission which is made and being made by the respondent no 5 in the plot of land, admeasuring 200 sq yards out of 314 sq yards, in Sy. No. 47 of New Maruti Nagar Colony, Kothapet, Saroornagar, Hyderabad, even though the petitioners have submitted their representation, legal notice through their counsel dated 28.10.2013, which is received and acknowledged by them, is nothing but arbitrary, illegal null and void and violative of principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of India and also violative of the provisions of the Hyderabad Municipal Corporation Act and consequently direct the respondents nos. 1 to 4 to take necessary action against the illegal construction over the subject property by considering the representation-cum- legal notice submitted by the petitioners through their counsel dated

28.10.2013…”

2. Heard Mr.K.Venumadhav, learned counsel for the petitioners, and Mr.N.Bhasker Rao, learned Assistant Government Pleader for Municipal Administration and Urban Development for respondent No.1, Mr. Srinivas Rao Pachwa, learned Standing Counsel for GHMC for respondent Nos. 2 to

4. Perused the record.

3. The brief facts of the case is that the petitioners are absolute owners of plots bearing Nos.5/2 and 5/3, admeasuring 314 sq.yards in Sy.No.47, New Maruti Nagar Colony, Kothapet, Hyderabad, having purchased the same under registered sale deeds, dated 31.08.2001. The 1^st petitioner is owner of plot No.5/2 and the 2nd petitioner is owner of plot No.5/3.

3.1. While so, the respondent No.5, with an intention to grab a portion of the petitioners’ property, illegally occupied an extent of 200 sq.yards and commenced making unauthorized constructions therein, without obtaining any permission from the competent authorities.

3.2. Questioning the same, the petitioners approached respondent Nos.2 to 4 (GHMC authorities) and submitted representations and legal notice, dated 28.10.2013. Despite receipt and acknowledgment of the same, no action has been taken by the said authorities against the illegal construction undertaken by respondent No.5.

3.3. The petitioners have also filed O.S.No.1305 of 2013 and obtained an order of status quo. However, the respondent No.5 is continuing the illegal construction.

3.4. Hence, the present writ petition is filed complaining inaction of respondent Nos.2 to 4 and seeking action against the unauthorized construction, as being illegal and arbitrary.

4. When the matter is taken up for hearing, learned counsel for the petitioners would contend that, despite submission of specific complaint through a legal notice, which is acknowledged by the respondents herein, the respondents have not taken any action basing on the said complaint.

5. Per contra, learned Standing counsel for GHMC appearing for respondents would contend that respondent No.5 is undertaking construction only after obtaining valid building permission for construction of ground and first floors over the subject property. It is further contended that a dispute between the petitioners and the unofficial respondent No.5 is pending in O.S.No.1305 of 2013 on the file of learned V Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar, filed seeking perpetual i