Chintala Jayaraju v. The State of Telangana

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 issue a writ, order or direction more particularly one in the nature of Mandamus, declaring the proceeding No. 6570/TPS/C2BIGHMCl2O21, dated 24.12.2021 in revoking the hOuse permission of the petitioners in House Bearing No. 16-84 on Plot No. 'llA in survey no. 71 1 admeasuring 300 sq yards situated at New Mizalaguda, Malkajgiri within limits of Greater Hyderabad Municipal Corporation limits, is illegal. arbitrary, contrary to the provisions of GHMC Act' principles of natural justice, and violation of fundamental rights violation of under Constitution of lndia by setting aside the same and guaranteed consequently direct lre respondents to allow the petitioners tc p'oceed with the further construction. lA NO: 1 OF 2022 Petition unde Section 151 CPC praying that in the circ-rrns:ances stated in the affidavit filed n I r-pport of the petition, the High Court may b: prleased to direct the respondents to r low the petitioners to proceed with the furt,rei construction in House Bearing No. li-84 on Plot No. '1lA in survey no.711 adm(,asuring 300 sq yards situated at Nt,tv [r,4izalaguda, tMalkajgiri within limits of C rertter Hyderabad [/unicipal Corporal rrn Limits, by suspending the impugne J proceedings No.6570/TPS/C28lClMCl2l2l , dated 24.12.2021 issued b,y th,3 respondents, pending disposal of he main writ petition. Counsel for the Pet,tioner: SRI DUNNA AMBEDKAR Counsel for the Res pondent No.1: cP FOR MCPL ADMN URBAN DEV Counsel forthe Respondent Nos.2 to 4: SRI G. MADHUSUDHAN REDDy, SC FOR GRE \TER HYDERABAD MUNTCIPAL CORpORT\TtON(GHMC) WRIT PETITION NO 2224 OF 2025 Between: Chintala .Jaya.aju, S/o.Ch. Narayana, Aged aboul 42 '/ears, Occ: private Employee, R/r . H No. 16-84, New Mirjalguda, Malkajgiri v4e Jchal [Vlalkajgiri District ...PETITIONER AND 1 2 J 4 q The State o{ T;1angana, Rep. by its Principal Secretary, tVuric pal Administration and Urban DeveLopment Department, Secretari,it Buildings, Hyderabad. Thetlyderaba I Diqaster Response and Asset Protection l\grer cy, Office at 7th Floor, B hu, Jha Bhavan Ranijung side of Tankbund Repr iry td Commissio ner The Greater H.rrlerabad Municipal Corporation, Rep by Comm ssioner Lower Tank Bund Hy,lerabad. The Greater H rderabad Municipal Corporation, Rep by Dep rty Commissioner Circle -XXVIll t4alkajgiri Circle, Hyderabad. The Greater H derabad Municipal gorporation, Rep by Dep,rty City planner Town Planning liection, Circle 28, Malkajgiri Circle; Hiderdtaa ...RESPONDENTS 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 issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2nd respondents in demolishing the petitioners house bearing No. 16-84/4, situated New Mirjalguda, IMalkajgiri Circle - XXV|ll, within the limits of Greaier Hyderabad Municipal Corporation is illegal, arbitrary, violation of principles of natural justice, fundamental rights guaranteed under the Constitution of lndia, contrary to the evidence on record and as well as the provisions of The Hyderabad Disaster Response and Asset Protection Agency Act and consequently direct the 2nd respondent not to demolish / interfere the petitioners house bearing No. 16-84/4 situated New Mirjalguda, Malkajgiri Circle - XXVIll, within the limits of Greater Hyderabad [Municipal Corporation. IA NO: 1 OF 2025 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 2nd respondents not to demolish / interfere petitioners house bearing No. 16- 84/A, situated New lvlirjalguda, Ir,4alkajgiri Circle - XXV|ll, within the limits of Greater Hyderabad [/unicipal Corporation, forthwith pending disposal of the main writ petition. Counsel for the Petitioner: SRI AMBEDKAR DUNNA Counsel for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent Nos.3 to 5: SRI G. MADHUSUDHAN REDDY, sc FoR GREATER HYDERABAD MUNtCtpAL CORPORATTON(GHMC) Counsel for the Respondent No.2: SRI KATIKA RAVINDER REDDY, SC FOR HYDERABAD DISASTER RESPONSE AND ASSET PROTECTION AGENCY(HYDRAA) The Court made the following: COMMON ORDER r-) THE IICIN'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION Nos. 2015 of 2022 and 2224 of 2tl2iI COMMON OR]I)ER: Heard Mr Dunna Ambedkar, learned counsel apue tring for petitioner and Sri G. Madhusudhan Reddy, lezrned Standing Cou rsel for Greater Hyderabad ivtr ni,:ipal Corporation (G IMC) appearing for respondent Nos.l2 to 4 in W.P.No.20l5 tl 2022 and respondent Nos.3 to :i in W.P.No.222a o ' 1025 and Sri Katika Ravinder Reddy, lei med Standing CotLns:[ 1br Hyderabad Disaster Responsc an(l r'\sset Protection Ager cy (HYDRAA) appearing for responde'rt \o.2 in W.P.No.-ll 2t, tl 2025.

2. Commissrcner, GHMC, has received complain. <lated

20.10.2021 fio'r, one J. Sri Ram alleging thirt petit oner obtained buildirp permission against the proposed Master Plan of 66'.0" (20 nrcters) by considering as 30'.0" road 'vihout deducting road rrffected area for the proposed 60'.0' oad. Petitioner has rr:rde construction of house bearing No.16-84 by encroachiug into the road. Therefore, permission ottained f 2 KL, J W.P.Nos.2Ot5 ot 2022 and 2224 of 2025 by petitioner and construction made by him are in violation of the building rules and also Master Plan.

3. On receipt of the said complaint, Commissioner, GHMC, has issued show cause notice dated 03.11.2021 directing petitioner to submit explanation. He has submitted explanation on 08.11.2021. Thereafter, vide order dated

24.12.2021, Commissioner, GHMC, revoked the building permission obtained by petitioner. Challenging the said revocation order dated 24.12.2021, petitioner filed W.P.No.20l5 of 2022.

4. Vide order dated 12.01.2022, this Court while directing the matter to be listed on 28.01 .2022, dtrected respondents not to demolish the subject property constructed by petitioner.

5. While the matter stood thus, Commissioner, HYDRAA, has received complaint dated 02.09.2024 from Mirjalguda Welfare Association, Malkajgiri, stating that petitioner made construction by occupying the road. The same is in violation of the order dated 16.12.2021 passed by the Division Bench of this Court in Writ Petition (PIL) No.60 of 2021. t ',u"*"'*- r'rr ,.,1 .lr'tt ._-.'raiij'1.,. ' -u '' -' pdffi7 , ,l,o.Z i1 3 KL, J W P.Nos 2015 of 2022 ar.l '.'),2' ol2O2s

6. On receipt of the said complaint, Deputy City I'lamer, HYDRAA, iras issued notice dated 02.01 .2025 requesting petitioner to sut"rnit copies of following documents. l. ii i. ir'. vl. vri. Copy of Sanctioned Plan & its Proceeding.s Copy of Registered Documents of property Clopy of Link Documents. Copy of Layout plan. Details of Courl cases (if any). Developrnent Agreement Society Resolution Other documents related Three days tim: was granted to petitioner. He had sulrn'.itted explanation ,lal:C 06.01.2025 along with copies ol tre said documents. \\ ithout considering the said expliLntition, respondents trir cj to demolish the subject properb/. Tltt:1, have also made rna l<ings. Challenging the said actior, ol the respondents, pe itioner filed Writ Petition No.2224 of 2()2 t

7. Sri Kat.ikr Ravinder Reddy, learned Standing (lornsel for tfYDRAr\. r'i instructions, would submit that Dept ty City Planner, HYI,I{AA, will consider explanation rlated \

06.01.2025 alo,rg with copies of documents submitte,l by petitioner and trke action, if any, against petitioner strictly in t t I 1{ :S*ltii,t:. 4 KL. J w.P.Nos.20l5 of2O22 and 2224 ot 2025 a accordance with law and by putting petitioner and complainant on notice and affording them an opportunity ofhearing.

8. In the light of said submissions aad also subsequent developments, revocation order dated 24.12.2021 passed by Commissioner, GHMC, is set aside, and both the Writ Petitions are disposed of with direction to Deputy City Planner, HYDRAA, to consider the explanation dated

06.01.2025 along with copies of the documents submitted by petitioner pursuant to notice dated 02.01 .2025, and take action, if any, against petitioner by following procedure laid down under the law and by putting petitioner and complainant on notice and affording them an opportunity of hearing. He shall complete the said exercise within a period of six (6) weeks from the date of receipt of copy of this order. Till then, the authorities of HYDRAA shall not proceed fuither pursuant to notice dated 02.01.2025. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand To, //TRUE COPY// SD/.MOHD. ISMAIL ASSISTANT REGISTRAR i' /tr41- SECTION OFFICER

1. The Prl. Secretary, The State of Telangana, Municipalities and MAUD Department Secretariat, Hyderabad

2. The Commissioner Lower Tank Bund, The Greater Hyderabad Municipal Corporation, Hyderabad _w:w_1 ::.. ftii! 3 The Deoutv corrrnissioner circle 28, The Greater Hyderabart N'unicipal - Corporation. \,4a takjgiri Circle, Hyderabad

4. The Deputy City lrlanner Town Planning ggqtiol' The Greate'r Ilyderabad ' fr,lr"iiipi,l rlorpi ration, Circle 28, Malakigiri Circle, Hyderabac I

5. One CC to Sri l)-rnna Ambedkar, Advocate [OPUCI 6. i;; cc, t. cl o, Haunicipat Aoministration'u_rban " roi ir'l" 5trt" c[ -':langana,'at Hyderabad-[oUT]^ z. o"" cCi. s'i c,. ruluo'nrsrJnrti n"oov, Sb foicreater Hyderat'ad Municipal 8. 5;JCC'i; sn t z,tit<'a Ravinder Reddy, SC for Hyderabad Disas er Response - jnd Rsset Prot( ction Agency(HYDRAA) 9. Two CD CoP,ies Corooration(GF l\1C) rrne rt. High court -Develo TJ GJP / a HIGH COUR]' DATED:2810112025 ( t C's s* 'I c -{i(.' . o ,j.,....,/ -.: .':./ COMMON OFIDER WP.Nos.2015; of 2022 and 2224 of 2025 DISPOSING OF THE WRIT PETITIONS WITHOUT CC)STS /j! {-B Jo /2/di