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 issue a Writ, order or direction more particularly in the nature of Writ of Mandamus, declaring the action of the 2nd respondent vide his order dated 13.08.2024 directing the petitioner to remove the alleged unauthorized construction in the site of the petitioner is highly unwarranted contrary to the order of this Honourable Court in W.P.No.28009 of 2023, arbitrary, illegal and unsustainable and consequentially directing the 2nd respondent not to interfere with the peaceful possession and enjoyment of the petitioner of Old Age Home. lA 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 suspend the opdration of the order No. UC-1600M.No.124lClR-24ffPsl KPZ GHMC/2023 dated 13.08.2024 passed by the 2nd respondent, peMing disposal of the writ petition. Gounsel for the Petitioner: M/s CHEKURI JYOTSNA DEVI Counsel for the Respondent l{o.l: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent No.2: SRI K.RAVI MAHENDER, SC FOR GHMC The Court made the following: ORDER ) /rn HON'BLE SRIJUSTICE K. LAKSHMAN wRIT PETITION No.1987 OF 2025 ORAL ORDER: Heard leamed counsel for the petitioner and Mr. K. Ravi Mahender, leamed Standing Counsel for GHMC appearing on behalf of respondent No.2.

2. According to the petitioner, Founder of the petitioner society has purchased a Plot No.9, admeasuring 210 square yards in Survey Nos.107 to 109, situated at Kukatpally Village and Mandal under GHMC, Kukatpally Circle, Medchal - Malkajgiri District, on the strength ofa registered sale deed bearing document No.8l93 of 2019, dated 07.10.2019. The petitioner has specifically contended that it has constructed an old age home and running the same since 15-20 years.

3. Respondent No.2 has issued a show-cause notice dated

01.09.2023 stating that the petitioner coristructed ACC rooms in NALA near Raja Rajeshwari Old Age Home, Sainagar West, Allwyn Colony, Kukatpally, Hyderabad unauthorizedly. Therefore, seven (07) days time was granted to the petitioner to submit explanation. The petitioner has submitted explanation on 05.09.2023. Without considering the said explanation, respondent No.2 tried to demolish i l 2 KI-,J W.P. No.l987 of2025 the subject property. Therefore, the petitioner has filed a writ petition vide W.P. No.28009 of 2023. Vide order dated 09.10.2023, this Courr disposed of the said writ petition directing respondent No.2 to consider the explanation of the petitioner herein after hearing. Thereafter, the petitioner submitted one more reply dated 27.06.2024. Respondent No.2 has conducted hearing on 05.08.2024. He has passed a speaking order dated 13.08.2024 directing the petitioner to remove unauthorized construction of ACC Rooms by encroaching NALA within seven (07) days. Challenging the said speaking order, the petitioner filed the present writ petition.

4. Leamed counsel for the petitioner would contend that vide order dated 09.10.2023 in W.P. No.28009 of 2023, this Court directed respondent No.2 to consider the reply submitted by the petitioner and dispose of the same after affording an opportunity of hearing to the petitioner herein. Without conducting hearing and without affording opportunity to the petitioner, respondent No.2 has passed impugned speaking order dated 13.08.2024 directing the petitioner to remove the unauthorized construction. Therefore, the impugned speaking order is in violation of principles of natural justice and also the order dated /

09.10.20E3 in W.P. No.28009 of 2023. -:7 / 3 KI.J W-P- No 1987 of2025

5. Whereas, Mr. Ravi Mahender, leamed standing counsel for respondent No.2, on instructions, would submit that in compliance with the order dated 09.10.2023 in W.P. No.28009 of 2023, respondent No.2 has issued hearing notice on dated 05.08.2024 and after affording opportunity to the petitioner only, he has passed speaking order dated 13.08.2024. The petitioner has constructed ACC Rooms and running an old age home by encroaching NALA. It is an unauthorized construction. Therefore, respondent No.2 has directed the petitioner to remove the unauthorized construction and the petitioner did not do so. Thus, respondent No.2 has demolished the said structures today moming. In proof of the same, he has filed photographs. He would further submit that respondent No.2 has requested the petitioner to vacate the subject property and also shift the old age people who are staying in the said old age home. Thereafter, respondent No.2 demolished the said strucfures. However, leamed counsel for the petitioner disputes th6 same and the petitioner did not receive any such notice and old age people are still staying in the said old age home. In proof of the same, she has filed photographs. However, she confirms the demolition of the entire structuret today I i: 4 r.I.J W P. No.l987 of2025

6. As discussed above, the founder of the petitioner society has purchased the aforesaid open plot No.9 under a registered sale deed bearing document No.g l93 of 2019, dated 07.10.2019. Therefore, the petitioner qurnot contend rhat it has been running the old age home since last fifteen (15) years. May be, she is running the same in the subject property having made construction unauthorisedly Admittedly, the petitioner did not obtain permission for construction of old age home. As such, the said construction is unauthorized construction.

7. Respondent No.2 has issued show_cause notice dated 01.09.2023 to the peritioner and the petitioner has submitted explanation on05.09.2023. This Court vide order dated09.l0.2O23 in W.P. No.2E009 of 2023 directed respondent No.2 to consider the said explanation and dispose of the same by affording an opportunity of personal hearing to the petitioner. Thereafter, respondent No.2 has issued hearing notice dated 05.0g.2024 and also considered the reply dated27.06.2024.

8. perusal of record would also reveal that the petitioner has submittt a representation dated 26.og.2o24to the Districr colrector, J 5 KL.J w P No.l98? of 2025 Medchat - Malkajgiri District, with a request to allot altemative accommodation to the petitioner herein for the purpose of running an old-age home. Therefore, the District Collector, Medchal - Malkajgiri \ District, is directed to consider the said representation and take a decision. If it is not inclined to accept the request of the petitioner, he shall inform the said fact to the petitioner. t I

9. Even according to both learned counsel for the petitioner and leamed Standing Counsel for respondent No.2, respondent No.2 has already demolished the entire structure. Therefore, the petitioner has to obtain necessary permission under TS-bPASS by submitting relevant documents by way of self-certification and self-declaration for construction of house. On receipt of such application, it is for the GHMC Authorities to consider the same and grant building permit to the petitioner herein. Respondent No.2 is directed not to dispossess the petitioner from the subject land without following due procedure laid down under law. 1 0. With the aforesaid observations and directions, this writ petition is disposed of. In the circumstances ofthe case, there shall be no order as to costs. K 6 KLJ W P No I987 of2025 l I As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/- T.TIRUMALA DEVI ASSISTANT REGISTRAR SECTION OFFICER The District Collector, Medchal-Malkajgiri District. - iiie piinCipat Secretary, Municipal Administration Department, Secretariat, Hvderabad. State of Telangana. ij6ouiv-Commissioner, Grdater Hyderabad Municipal Corporation, Kukatpally ctble:24, Hvderabad. o;;-ca io tVUs. cHeruRl JYorsNA DEVI, Advocate [oPUC] iwo CCsto GP FOR MCPLADMN & URBAN DEV, High Courtforthe State of Telanoana. at HYderabad [OUTI one cc"to sRl K.RAVI MAHENDER, SC FOR GHMC [OPUC] Two CD CoPies \ To 1 2 3 4 5

6. 7_ PSK. PSK. o k HIGH COURT DATED:2410112025 t CC TODAY ORDER WP.No.1987 of 2025 1HE S IA /(- \ 2 7 IA!{ 2U5 ,-e o \* DISPOSING OF THE WRIT PETITION WITHOUT COSTS "\'(-