The High Court · 2025

Judgment

6. The State of Telangana, Rep by its Principal Secretary. (MAUDA) Dept., Dr. B.R. Ambedkar Secretariat Buildings, Saifabad, Hyderabad The Greater Hyderabad Municipal Corporation (G.H.M.C.,), Rep by its Commissioner, Tank Bund, Hyderabad, T.S. The Zonal Commissioner of G.H.M.C.,, LB Nagar Zone, Greater Hyderabad Municipal Corporation, Hyderabad. The Deputy Commissioner of G.H.M.C., Circle No.4, L.B.Nagar, Hyderabad, The Assistant City Planner, L.B Nagar Zone, Greater Hyderabad Municipal Corporation, Hyderabad,

Sri Venkataramana Colony Residents Weffare Association, Rep by its PresidenU Secretary, Plot No. 163, Road No.9, Sri Venkataramana Colony, Vanasthalipuram, L.B.Nagar Zone, Hyderabad ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Cou( may be pleased to issue a Writ, order, or direction, more pa(icularly one in the nature of a Writ of Mandamus, declaring the action of Respondent No. 4 in issuing the Show-Cause Notice, vide Lr. No. 13OglUCl2O24 dated 30/09/2024, under Sections 451(1)and a61(1)of the GHMC Act, '1955, based on the complaint of the unofficial Respondent herein, as illegal, arbitrary, and unconstitutional, and consequently set aside the said Show-Cause Notice. IA NO:10F 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 issue a direction restraining the Respondents herein from interfering with the peaceful possession and enjoyment of the Petitioners box cricket facility, constructed in Plot No. 57, Road No. 3, Venkataramana Colony, Vanasthalipuram, L.B. Nagar, Ranga Reddy District, Hyderabad, pending the disposal of the main Writ Petition. Counsel for the Petitioner : SRI TSHRATH BEGUM counsel for the Respondent No.1 ,%" ,o* McpL ADMN URBAN DEV Counsel for the Res pondent No. 2ros, SS'at#Htr"RAo pAcHwA, Counse! for the Respondent No.6 : The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.1582oF. 2025 ORAL ORDER: Heard Sri Ishrath Begum, learned counsel for the petitioner, learned Assistant Government pleader for Municipal Administration and Urban Development for respondent No. I and Sri Srinivas Rao pachwa, learned standing counsel appearing for respondent Nos.2 to 5 Perused the record.

2. Petitioner herein is claiming that she is the absolute owner and possessor of land admeasurin g 667.5 sq.yds., in Sy.No.57lC, situated at Ward No.8, Block No.7, Valasthalipuram, Ranga Reddy District, on the strengtlr of a registered Sale Deed bearing document No.TTT6 of 1999,30. 11.1999. She has submitted a representation dated O4.12.2024 to respondent No.4 requesting them to inform the petitioner as to whether any permission is required for the purpose of constructing Cricket Box with L i { I I I : 2 net. Despite receiving and acknowledging the said representation, respondent No.4 did not act upon the same. Thereafter, petitioner has constructed Box cricket net without obtaining permission from GHMC. Therefore, on the complaint of respondent No.S, respondent No.4 has issued a show cause notice dated 30.09.2024 statrng that the petitioner constructed Box cricket net without obtaining prior permission from GHMC. Seven (7) days time was granted to the petitioner to submit explanation. She has submitted explanation on 28.12.2024. Without considering the said explanation and the aforesaid aspects, now respondent Nos.4 and 5 are trying to demolish the said Box cricket net. Challenging the said action of respondent Nos.4 and 5, petitioner filed the present writ petition.

3. Sri Srinivas Rao Pachwa, learned standing counsel appearing for respondent Nos.2 to 5 has produced the written instructions of respondent No.5 stating that the -t subject property is in residential zone as per approved Master plan, which is not eligible for commercial activities. Even then, petitioner has constructed Box cricket net without obtaining prior permission from respondent Nos.2 to 5. However, respondent No.4 will consider the explanation dated 28.12.2024 and take action against the petitioner herein

4. In the light of the said submission, this writ petition is disposed of directing respondent No.4 to consider the explanation dated 28. 12.2024 submitted by the petitioner to the show cause notice datecl 30.09.2024 and pass appropriate orders in accordance with law. Thereafter, respondent Nos.4 and 5 shall take action, if any, against the petitioner herein. However, he shall complete the said exercise within a period of (15) days from the date of receipt of copy of this orcler. Till then, respondent Nos.4 and 5 are directed not to take anv further action 4 I pursuant to the show cause notice dated 30.09.2024. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. SD/-A.SRINIVAS REDDY T REGISTRAR AS //TRUE COPY// SECTION OFFICER To,

1. The Principal Secretary. (MAUDA) Dept., Dr. B.R. Ambedkar Secretariat Buildings, State of Telangana, Saifabad, Hyderabad

2. The Commissioner, Greater Hyderabad Municipal Corporation (G.H.M.C.')' Tank Bund, Hyderabad, T.S.

3. The Zonal Commissioner of G.H.M.C.,, LB Nagar Zone, Greater Hyderabad Municipal Corporation, Hyderabad.

4. The Deputy Commissioner of G.H.M.C., Circle No.4, L.B.Nagar, Hyderabad' 5. The Assistant City Planner, L.B Nagar Zone, Greater Hyderabad Municipal Corporation, Hyderabad.

6. One CC to SRI ISHRATH BEGUM, Advocate lOPUCl 7. Two CCs to GP FOR MCPL ADMN URBAN DEV, High Court for the State of Telangana. [OUT]

8. One CC to SRI SRINIVAS PACHWA, SC FOR GHMC [OPUC] 9. Two CD Copies. BSK IY i I I I i I I I i I I l I I i I I I HIGH COURT DATED:2310112025 I ORDER WP.No.1582 o12025 L sIA , t .,. lA $ b h 7ri5 i -"" + OESt)a.r|. ( t J C) . ,.) 4 DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ #,,,*- i i i I I I I