High Court · 2025

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 issued a writ or order or direction more particularly one in the nature of writ of Mandamus to declare the action of the 3rd respondent in issuing the impugned speaking order vide File No. 1 1 1 417 2NCfiPS/C1 6/SBZ/GHMC|2O24| 2 dated O2-O1-2O25 lor removing the unauthorized construction in respect of the petitioners property bearing No. H.No. 3-5-1114172, Admeasuring 49 Sq.Yds, situated at Shamsheer Bagh Rajamohalla, Opp Taraka Rama Theater, Hyderabad, affixed the same in front of the petitioners wall on O3-01-2024, as illegal, arbitrary, without jurisdiction, contrary to the Telangana Municipal Act, 2019 and violation of principles of natural justice and set aside the same lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances state d in the affidavit filed in support of the petition, the High Court may be pleased be pleased to suspe:nd the impugned speaking order issued by the 3rd respondent vide Fite No. 1114t72^JclTps/c16/sBZ GHMct2o24t2, dated 02-01-2025 tor removing the unauthorized construction in respect of the petitioners property bearing No' H No 3-5-1114t72, Admeasuring 4g sq.yds, situated at Shamsheer Bagh Rajamoha'a' opp Taraka Rama Theater, Hyderabad, pending disposar of the main writ petition, pending disposar of the main writ petition Counsel for the petitioner: SRI B. MADHU SUDHAN RAO Counsel for Respondent No. 1: glfOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for Respondent Nos. 2 to 4: SRI MIDDE ARUN KUMAR, SC FOR GHMC The Court made the following: OROER ,./ HON'BLE SRI JI'STICE K. LAKSHMAI{ WRIT PEIITION No.615 of 2025 ORDER: Heard Mr. B. Madhusudhan Rao, learned counsel for the petitioner and Sri Midde Arun Kumar, learned standing counsel for respondent Nos.2 to 4. Perused tJ:e record.

2. Petitioner is claiming that she is absolute owner and possessor of House bearing No.3-5-1114 172 admeasuring 49 square yards situated at Shamsheer Bagh, Rajamohalla, Opp: Taraka Rama Theater, Hyderabad on the strength of a registered sale deed bearing document No.3382 of 2018 dated 16.10.2018. 4ft respondent, her neighbor frled Writ Petition No-336O2 of 2024 against respondents and petitioner herein to declare the action of respondent Nos.2 to 4 in not taking action against the petitioner herein with regard to illegal construction raised by her in the aforesaid premises. The said Writ Petition came up for hearing on 29.11.2024 on I KL,J w. r.No.615 of 2O2S 2 which date, Iearned standing counsel for respondent Nos.2 to 4 on instnrctions submitted that on receipt of representation dated 04.11.2024 and ottrer represental.ions, respondent oflicials inspected the site and found that petifioner herein is proceeding with constructio.n unauthorizedly without obtaining permission from the Greater Hyderabad Municipal corporation (for Short "GHMC-). Therefore, show cause notice datect 25. Il.2O24 was served on respondent No.S with a request to submit explanation within seven (07) days. There,after, respondent Nos.2 to 4 wil take action against per-itioner against the said unauthorized construction in accordance,w.ith law. 3. Petitioner submitted explanation on O3. 12.2024. On considerertion of the sarne, vide impugned speaking order dated 021,31.2025, 3.d respondent directed the petitioner to remove the unauthorized construction within 15 days failing which the same will be removed by the GHMC ald expenses incurred will be recovered from KL'J W.P.No.6l5 of2025 f ttre Petitioner' Thus, there is specific allegation against herein that she is Proceeding with the Petitioner unauthorized construction work illegally without obtaining permission from the GHMC' Petitioner disputed the said fact' Even in the explanation dated O3.I2.2O24 petitioner stated that she has disputes with 56 respondent. 4. During the course of hearing' Sri B' Madhusudhan Rao, learned counsel appearing for ttre petitioner on instructions would' submit that petitioner is proceeding with repair work and also constructed a wall in the balcony. Therefore, there is no need of obtaining permission from GHMC' In the light of the said submission' it is relevant to 5. refer dehnition of "Building" defined under Section 2 (3) of the Greater Hyderabad Municipalities Act' 1955 (for Short 'GHMC Act")' It includes a house' out-house' stable, latrine, go-down' shed' hut' wall' fencing' platform and any other structure whether of masonry' KL,J W P No 6lS of2025 4 bricks, wood, mud, metal or of any other material whatsoever. Therefore, the aforesaid construction carried out by the petitioner includes dehnition of .building, terms of Section 2 (3) of the GHMC Act, 1955. Therefore, the petitioner has to obtain permission from the GHMC necessarily.

6. It is als.o relevalt to note that petitioner,s propert5r is admeasurin6J 49 square yards. Therefore, as per Section 7 (2) of the Telangana State Building permission Approval and Self-Certifrcation System (for Short "TS_bpASS Act,) if the built utr) ar:ea is upto 75 square yards, the applicant has to regisr,er with TS_bPASS Act by paying Rs.i/_. Petitioner instead of registering herself by payrng Rs. 1/_ under TS-bPASS, proceeding with the construction. However, learned counsel for the petitioner disputes the said fact. Thrs (lourt directed learned statding counsel appearing for respondent Nos.2 and 3 to procluce photographs. He has produced the photographs along with instructions. Perusal of the photographs would KL,J W-P No.615 of m25 5 reveal that, petitioner is proceeding with construction' Even photographs hled by the petitioner also would reveal the said fact- Thus, there are several factual aspects in the present writ petition in which this Court cannot consider in exercise of its extra-ordinary power under Article 226 of the Constitution of India' It is not the case of the petitioner that the impugned speaking order is in violation of principles of natural justice and procedure laid down under the Telangana Municipalities Act, 1955 or TS-bPASS Act, 2O2O' Therefore' if the petitioner is aggrieved by irnpugned speaking order dated O2.O1.2O25, she has to prefer an appeal before the Chief Judge, Small Clauses Court/City Civil Court, Hyderabad' 7. At this stage, learned counsel for the petitioner t I , , sought protection for 10 daYs' In tJle light of the aforesaid discussion' this writ 8. petition is disposed of directing the petitioner to prefer an appeal before the Chief Judge, Small Causes Court/City Civit Court, Hyderabad challenging the impugned $: r; fi.-<-' 6 KL,J w.P No 615 of 2O2s speaking order dated O2.O7.2O25 within (10) clays from the date of this order failing which liberty is granted to respondent Nos.3 ald 4 to take action against the petitioner in accordance with law. Liberer is alscl gralted to petitioner to f,rle Interlocutory Application seeking stay of further pr:oceedings against the impugned speaking order dated O2.OL.2O2S. In the light of the same, for a period of (10) days from today, impugned speaking order dated 02.O l.2O2S shall not be given effect. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPYII SD/. N. SRIHARI ASSISTANT REGISTRAR t SEdNON OFFICER Bund Hyderabad

1. The Principal Secretary, Municipal Administration Department, State of _ Telangana,Secretariat, Hyderabad 2. The Commissioner GHMC,, Having office at Municipal Complex, Lower Tank 3. The Deputy Commissioner, G_HMC Central Zone, Abids, Hyderabad 4. The-Assistant city Planner,, GHMC office of the Deputf commissioner, circle - No 14, Section Cum officer, JN Road Old Kattetamahdi; Abids, ftyOeritiaO _- 500 001 9ne 99 to Sri B Madhu Sudhan Rao Advocate tOpUCI Two CCs.to QP for Municipal Administration & lJrban bevelopment, High Court for the State of Telangana. [OUTI One CC to Sri Midde Arun Kumar, SC fbr GHMC (OPUC) Two CD Copies 5 6 To,

7. 8. MBC BN CC TODAY HIGH COURT DATED: 0810112025 E STA re: q o it g jiN ru25 .i: ,+, .1. ',;., \..',.,. ), . /./, t,, ,,.,-' !:i-:..-1 .-._ -- ORDER WP.No.615 ot 2025 DISPOSING OF WRIT PETITION WITHOUT COSTS \ w