The High Court · 2025

9. Shaik Asif, S/o.Not Known, Aged about not Known, Occ; Rl/o.Not Known l0.Mirdoddi srikanth, S/o.Not Known, Aged about not Known, occ: Fi/o.H.No.23-2- 584t0,

11. Mirdoddi sandeep, s/o.Not Known, Aged about not Known, occ: R/o.H.No.23-2- 581i8, Respondents No.4to11 are residents of Haribowri, shaharibanda, Hyderabad. RR 4 to 11 are impleaded as per C.O.dt.28-01-2025 in I.A.No.2/2S. ...RESPONDENTS t, I l I --=-B,r.'ry Petition under r\rticle 226 of the Constitution of lndia pray ng that in the circumstancesstatedintheaffidavitfiledtherewith,theHigh3ourtmaybe pleased to pass an orders, or issue any directions or issue any appropriate writ mdre particularly in the nature of WRIT OF MANDAMUS declaring the action of the 3rd Respondent in issuing the impugned speaking orderr vide Lr'No' 1o}l2tzot^cPfiPS/Ci"-g/cHziGHMct2oz4dated03,12.2024,straightaway directing to demolish 1.he raised columns for Ground floor stating that the same is in deviation to the rsanctioned plan, without considering the replr' notices dated 05,11-2024, 13.11'2024, 16.11.2024 for the impugned notice sr:nt by the 3rd respondentvide-r.No.lo1lzt2olAcPrfPS/CgiCHRZ/GHMC12024dated 05.11.2024 as arbitrary, illegal' and in violation of Article 14' 21 ' 3OO A of the constitutionoflndia,'lg50,andinviolationofPrinciplesofnatr-raljusticeand consequently set aside the impugned speaking order bearing Lr' No' 1 OBl2t 20 t ACP nPS/Cir-9/CHZlGHMCI1O14 daled 03'1 2 2024' IA NO :1 OF 2O25 PetitionunderSectionl5lcPCprayingthatintheCircumslancesstatedin the affidavit filed in support of the petition, the High Court may be pleased to suspendtheoperationofspeakingordervideLr.No'108/2/20IACP/TPS/Cir- glcHZlGHMCt2O2A dated 03j2.2024 ,of the 3rd Respondent issued to the petitioners, pending disposal of main writ Petition in the interest of Justice. Counsel for the Petitioner : SRI NALLA SAHITHYA PRIYATHAM REDDY Counsel for the Respondent No.1 : GP FOR MCPL ADMN URBAN DEV CounselforRespondentNo.2&3:SRIRAPARATHIvENKATESH,ScFoRGHMC The Court made the following: ORDER 'I THE HON'BI,E SRIJUSTICE K. LAKSHMAN WRIT PETITION No. 1 181 of 2025 ORDER: Heard learned counsel for petitioner and Sri Raparthi Venkatesh, leamed Standing Counsel appearing for respondent Nos.2 and 3.

2. Petitioner is claiming that he is the absolute owner and possessor of portion of house bearing municipal No.23-2-57j, PTIN No.-l042302066, admeasuring 176.00 Sq.yards, situated at Ansari I(i Kaman, Hari Bowli, Hyderabad, basing on registered Gift Settlement Deed dated 30.04.2024. With an rntention to construct new residential house consisting of Stilt for Parking + 2 Upper Floors, he has obtained building permit order dated 24.06.2024 from 3'd respondent. He has also obtained Work Commencement Letter (commencernent of the building permission as per GHMC TG-bPASS Act) dated

11.07 .2024. He has raised columns. At this stage, 3'd respondent has issued show cause notice dated 13.L1.2024 stating that petitioner has raised columns for ground floor, which is in deviation to the sanctioned plan, without \ \ I 2 KL, J \v-P N. 118I oi 2025 maintaillirlg ;etbacks and not leaving the road rridening portion iri rcsipect of the subject property' Sever-r diys time lvasgranledtopetitior-rertosubmitexplanatiorr.Petiti.lnerhas subrnittec, his explanation on 02.12'2024' 'fhereafter, 3'd tespotrclettt has passed a speaking order dated 03 12'2024 directing th,: petitioner to dernolish the raisecl columns fot' ground floor, which is in deviation to the sanctioned plan, withoul rnaintaining setbacks etc. Challenging the sa'd order, petitioner l'ile d the present Writ Petition.

3. Learn,:,1 counsel for petitioner, on instnrctior.r';, would submit that cetitioner has already stopped construction'

4. Pei'usrt. of show cause notice dated 13.11'2024 would reveal that 1"r respondent has issued the said show cause notice on 1'r:,:cipt of complaint from respondent Nos'4 to l1' The allegeci deviations are not specifically mention':d in the said shou, r:ause notice. However, on receipt of the said complaint, :,'d respondent has to inspect the subject site to ascertain the said allegations made by respondent Nor.4 to 11. Tl.ren, r rtr respondent has to issue show cause notice 3 KL, J W P.No 11Al of 2025 specifically mentioning the deviations in the construction of the building and call for explanation from petitioncr. lnstead of doing so, 3'd respondent has issued show cause notice dated

13.11.2024 stating that petitioner has raised colurnns for ground floor, which is in deviation to the building pennit, without maintaining setbacks and not leaving the road widening portion. Therefore, the very show cause notice dated

13.11.2024 itself is defective. There is no consideration of explanation dated 02.12.2024 by 3'd respondent in speaking order dated 03.12.2024.

5. In the light of the above, without going into the merits or demerits of the case, only on the aforesaid grouncl, show cause notice dated 13.11.2024 and speaking order dated 03.12.2024 of 3'd respondent are set aside. The matter is remanded back to 3"r respondent with the direction to 3.d respondent to inspect the subject site and consider the complaint clated 11 .10.2024 of respondent Nos.4 to l1 and if the allegations made by respondent Nos.4 to 1l in the complaint dated 11 .10.2024 are found to be true, 3'd respondent shall take action against petitioner strictly in accordance with raw. He shall rnention the / i I i , I I 4 KL, J W |.Nt LlSl ol2025 deviations s[,e:cifically in the show cause notice and grirnt three (3) days titrc to petitioner to submit explanation' Thereafter'' 3"1 respon dortt shall consider the explanation and pass orders in accordance ri'ith law. However, he shall completc thc lrforesaid entire excrcise within a period of four (4) weeks frorn the date of receipt c,-'coPY of this order. Till then, petitioner r;hall not proceecl u'ilh the construction pursuant to building permit order datecl ).4.06.2024. Thcre shall be no order irs to costs' (t Sulit:,:; to the above, ttris Writ Petition is clispos':d of' Miscellaneous applications, if any pendirlg, shall stand closed //TRUE COPY// SD/-P. CH, NAG rDFPU' ' vs-Ec t\ \ ABHUSHAMBA rY REGISTRAR ,TION OFFICER To,

1. The Principal secretary, Municipal Administration.and Urban [)evelopment ' il;;,#;[t,'sjrt" o]-t'edngini, Secretariat Building' Hvdera bad' Telangana - 500022.

2.TheCommissioner,GreaterHyderabadMunicipalCorporation,TankBund Road, Hyderiabad.

3.TheDeoutvOcmmissioner,GreaterHyderabadMunicipalCorporation, Charmihar-Circ,le-9, Charminar Zone.

4.oneCCtoSR|NALLASAHITHYAPRIYATHAMREDDY,Adyocate.[oPUC] 5. Two CCs to (3P FOR MCPL ADMN URBAN DEV, High court for the State of Telangana. [OUT]

6. One CC to SRr RAPARATHI VENKATESH, SC FOR GHMC IOPUCI 7. Two CD CoPies. s BSK BS HIGH COURT DATED:2810112025 $ o I i iAB 2rj?5 '' i"\. 1 ''i :',. 'ir^ '--.-J {' * o HP- L9 ORDER WP.No.1181 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ^.r^i4 N)-r {