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 pass an order or orders for under wRlr oF MANDAMUS under Article 226 of the constitution of lndia by declaring that action of the respondent no. 3 for sealing the property of the petitioner bearing House No. 8-.1 16 in plot no. 1 16, situated at Allwyn colony in sy no. 69 of Miyapur village, Serilingampally Mandal, consisting of stilt plus 2 upper floors inspite of pendency of the application u/s 4554 and 455AA of the GHMC Act, 1955 dated. 1o-12-2024 without following the due process of law and consequently direct the respondent no. 3 to release the house of the petitioner in his favour and declare the action of respondent as totally illegal and violates the principles of natural justice and against the provisions of Telangana rights in land and Pattedaar passbook act,2o2o and violation of Article 300-A of Constitution of lndia. lA NO: 1 OF 2025 I Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent no. 3 to release the house of the petitioner in his favour of the property bearing House No. 8-116 in Plot no. 1'16, situated at Allwyn Colony in sy no.69 of Miyapur Village, Serilingampally Mandal, consisting of stilt + 2 upper floors in view of the application pending u/s 455A and 455AA of the GHMC Act, 1 955 dated. 10-12-2024 and dispose off the representation of the petitioner. Counsel for the Petitioner: SRI SURESH SHIV SAGAR Counsel for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent Nos.2 and 3: SRI RAPARTHI VENKATESH, SC The Court made the following: ORDER j 7 HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.88O of 2O2S ORDER: Heard learned counsel appearing for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Sri Raparthi Venkatesh, iearned Standing Counsel appearing for respondent Nos.2 and 3. Perused the record.

2. Petitioner is claiming that he is the absolute owner and possessor of old housc bearing No.8- 116, plot No.116, situated at Allwyn Colony, Sy.No.69 of Miyapur village, Serilingampally mandal, Ranga Reddy district. The said house is in dilapidated condition. He has obtained building permit order, dated 03.01.2023 for construction of Stilt + 2 Upper floors by dismantling the said old house. He has constructed 3 additional floors. Respondent - corporation trjed to interfere with the \,/ I I l KL,.] W.P.No.88O of 2025 2 construction. Therefore , he has filed a suit vide O.S.No.1107 ol 2024 seeking perpetual injunction. The said suit is pending and there is rro interim order. Therelore, the petitioner has submitted a representation dated 10. 12.2024 with respondent No.2 with a request to regularize the said un-authorized construction under Section 455-.4 and 455-AA of the GHMC Act, 1955. The same is pending

3. While the matter stood thus. respondent No.3 has issued impugned notice dated 30. 12.2024 under Sectioir 46 l-A ol GHMC Act, 1955 directing the petitioner to stop construction r.r,ork and vacate the premises within 24 hours. Challenging the said notice, petitioner filed the present writ petition.

4. As discussed supra, petitioner filed the present u'rit petition and also the aforesaid suit, vide O.S.No.11O7 of 2024 against respondents. Petitioner cannot pursue paralle1 remedies. 7 KL,J W.P.No.88O of 2025

5. At this stage, learned counsel appearing for the petitioner, on instructions, would submit that petitioner u,ill take steps to withdraw the said suit by tomorro'*, i.e.,

10.01.2025 itself.

6. Whereas, Sri Raparthi Venkatesh, learned Standing Counsel appearing for respondent Nos.2 and 3, on instructions, '*,ould submit that Respondent No. 1 will consider the representation dated 1O.12.2024 submitted by the petitioner seeking regularization of the said un- authorized construction and pass appropriate orders, in accordance with law.

7. In the light of the said submission, this writ petition is disposed of directing respondent No.2 to dispose of the representation, dated 1O.12.2024 submitted by the petitioner seeking regularization of the un-authorized construction under Section 455-A and 455-AA of the GHMC Act, 1955. If, respondent No.2 is not inclined to accept the request made by the petitioner he shall pass a \ KI,,.i W.P.No.880 oi 2O'.15 I reasoned order assigning specific reasons and communicate copy of the said order to the petitioner herein. He shall complete the said exercise within a period of iour (4) weeks from the date of receipt of a copy of this order. Tiil then, rcspondcnt No'3 is directed not to take further steps pursuant to the notice dated

30.|2.2024.Thereafter,itislorrespondentNo.3totake action, it any, agai'nst thc pctitioner' Hovi'cver' petitiot-tcr shall not proceed with the construction till then' Any deviation to the aforesaid order witl be viewed seriously' There shall be no order as to costs' Asa sequel, the misccllaneous petitions' if any' pending in the Writ Petition shall stand closed. SD/.N. SRIHARI ASSISTANT REGISTRAR I //TRUE COPY// SECTTON OFFICER to",. tn" commissioner, The Greater Hyderabad Municipal Corporation' Tank bund, HYderabad. cJeve ro p m e nt, H is h co u rt 54 u:'rm l;:Tslt ,is#:'fr",{tr"H 3 ?*: 33, ". -' for the State of Telanqana, at Hyderabao-gu l-l +. Oir" CC io Sri Raparthi Venkatdsh' SC IOPUCI " 5. Two CD CoPies TJ BS % HIGH COURT DATED:0910112025 ORDER WP.No.880 of 2025 J I .z-li-a_: --: _- -\\ 2/ j;h IM Ot- F'l:: fCHf:9 t DISPOSING THE WRIT PETITION WITHOUT COSTS @. r- /\"t* W