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 a writ in the nature of Mandamus declaring the action of respondents more particularly that of respondent No.2 in seeking to demolish the structure in the subject property without considering, representation/explanation dated 23t0112025 as acknowledged by it, given in response to the notice issued by the respondent No.2 on 2110112025 in Notice No.1SS/COMMiHYDRA is challenged in this Writ Petition as being arbitrary, illegal and violative of Articles 14, 19 ('l) (g), 21 and 300-A of the Constitution of lndia and consequently direct the respondents more particularly respondent No.2 to not to demolish structure existing on Plot No.36-137/766/D, Defence Colony, Sainikpuri, Malkajgiri, Medchal-Malkajgiri District ignoring explanation daled 2310112O25 and without following due process of law. - lA NO: 1 oF 2025 Petition under section 1 5'r 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 respondents not to interfere with possession over prot No.36-137/766/D, Defence Colony, Sainikpuri, Matkajgiri, Medchal_Malkajgiri District. Counsel for the Petitioner: SRI VIJAy B PAROPAKARI Counsel for the Respondent No.1: cp FOR MCPL ADMN & URBAN DEV Counsel for the Respondent No.2: SRI KATIKA RAVINDER REDDY, SC pOn HYDRAA Counsel for the Respondent Nos.3 & 4: SRI MIDDE ARUN KUMAR, SC FOR Counsel for the Respondent No.S: - The Court made the following: ORDER GHMC HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.2089 OF 2025 ORAL ORDER: Heard leamed counsel for the petitioner, Mr. Katika Ravinder Reddy, leamed Standing Counsel lor HYDRAA appearing on behalf of respondent No.2 and Mr. Midde Arun Kumar, leamed Standing Counsel appearing on behalf of rcspondent Nos.3 and 4.

2. M/s. Defence Housing Co-operativc Society Limited bearing I registered No.TB-662 is the absolute owner and possessor of open land admeasuring 75 square yards in Survcy No.218/1, situated at Defence Colony within the limits of GHMC, Malkajgiri Circle and Mandal, Medchal - Malkajgiri District. lt has exccuted a registered lease deed bearing document No.90l7 of 2023. dated 28.12.2023 in favour of the petitioner for a period thirty (30) years lor the purpose of running 'chicken centre'. J'hereafler, the petitioner has made strucfures at his own costs and running chicken centre therein 3, When respondent No.3 tried to interfere with his possession, the petitioner llled a suit vide O.S. No.863 of 2024 against respondent No.3 and leamed II Additional Junior Civil Judge-cum-Additional Judicial Magistrate of First Class at Kushaiguda, granted interim 2 KL.J W P No 2089 of2025 injunction. The said suit is pending and the said interim injunction is subsisting.

4. While the matter stood thus, on the complaint lodged by respondent No.5, the Deputy City planner, HYDRAA has issued a notice dated 2l .01 .2025 stating that it has received a complaint dated

20.01.2025 w'ith a request to protect earmarked open space and encroachment of the main road going to Bhavans School. Therefore, vide Lhe said notice, the Deputy City planner, HYDRAA, requested the petitioner to fumish copies of the following documents: Copy olsanctioned Plan & its proceedings; Copy of Registered Documents of property; i) ii) iii) Copy of Link Documents of property; iu) Copy of Layout plan: v) Details ofCourr cases (ifany); vi) DevelopmentAgreement; vii) SocietvRcsolution; viii) Other documents related. However, the pelitioner has submitted explanation dated 23.01.2025 to the Deputy Ciry Planner, I-IYDRAA along with copies of the said documents. Without considering the said explanatioq respondent Nos.2 to 4 are rrying to demolish the structure. Challenging the said action of respondent Nos.2 to 4, the petitioner filed the present writ petition. 3 KL.J W.P No 2089 of2025

5. Whereas, Mr. Katika Ravinder Reddy, learned Standing Counsel for HYDRAA, on instructions, would submit that respondent No.2 has received complaint.from respondent No.5 and also from the Defence Colony Residents Welfare Association with registration No.1042 of 1989 stating that the petitioner constructed the house in the open space encroaching the main road. Therefore, on receipt of the said complaints, the Deputy City Planner, HYDRAA has issued a notice dated 2l .Ol .2025 requesting the petitioner to submit the aforesaid documents. The petitioner has submined explanation. Therefore, he will consider the said explanation and also the documents submitted by the petitioner before taking any action against the petitioner.

6. Perusal of the order dated20.09.2024 in I.A. No.382 of 2024 in O.S. No.863 of 2024 passed by leamed 1I Additional Junior Civil Judge, Kushaiguda, would reveal that it is an ex parte order. Etten then, respondent No.4 did not take any steps to set aside the ex parte order or prefer any appeal. The said order attained finality' The petitioner is taking advantage of the same. 7 . As discussed above, the petitioner is claiming that he is lessee of the subject land. ln the lease deed, it is mentioned as open 4 KI.J W.P No 2089 of2025 plot admeasuring 75 square yards in Survey No.2l8ll of Defence Colony. The aforesaid society represented by its Vice-presiden! Mr. K. Venkateswara Rao had executed the registered lease deed. As per the said lease deed, the petitioner has already constructed structures for running a business of chicken center and he has committeil to offer 20% discount to the Members of the said society. However, the petitioner without obtaining permission from the GHMC constructed residential house consists of Ground + I Upper Floor.

8. l-hus. this Court is of the considered view that prima facie, the very rcgistered lcase deed bearing document No.90l7 of 2023 dated 28.12.2023 exccuted by M/s. Defence Housing Co-Operative Society Limited with registration No.TB-662 itself is in violation of the Bye-Laws ol the said Society and also the provisions of the Telangana Co-operative Societies Act, 1964. Therefore, the Deputy Registrar, Co-Operative Societies concemed is directed to look into the matter and take action in accordance with the procedure laid down under law. Respondent Nos.3 and 4 shall take all necessary steps challenging the said ex parte order dated 20.09.2024 in I.A. No.382 of 2024 in O.S. No.ti63 of 2024 passed by learned II Additional Junior Civil Judge, Kushaiguda. However, the Deputy City planner, 5 KL.J W P No 2089 of2025 HYDRAA shall considcr the explanation dated 23.01.2025 and the documents submitted by the petitioner and also with regard to the aforesaid aspects and take action against the petitioner strictly in accordance with law by putting the petitioner, respondent No.5 and the Secretary of IWs. Defence Colony Residents Wellare Association with registration No. 1042 of I 989, on notice and affording them an opportunity of hearing. He is at liberty to go through the bye-laws of the said society and ifnecessary such information or clarification from the Co-operative Department. He shall complete the entire exercise within a period o1'four (04) weeks fiom the date of receipt of copy of this order. Till then, he is directed not to proceed with further pursuant to the notice daLed 21.01.2025.

9. With the aforesaid observations and directions. this writ petition is accordingly disposed of. In the circumstances of the case, there shall be no order as to costs. As a sequel thcreto, miscellaneous petitions, if any, pending in this writ petition shall stand closed. \ To //TRUE COPYI SD/. T.TIRUMALA DEVI ASSISTANT REGISTRAR ) SECTION OFFICER

1. The Deoutv Reoistrar of Co-Operative Societies, Hyderabad' i. ii;; Fil;i;rr'!Et-t"trrv, lrrunlCipat Administration ahd Urban Development' Secretariai, Hyderabad, State of Telangana. 3. ih; ivDF{ii, (nvoeraoio itisalter Resiponse and Asset Monitoring Protection Aoencv). Offic'e lt Buddha Bhavan, Hyderabad. + iEe C6mmissioner, G.H.M.C, Tankbuhd, Hyderabad' \ District. S I|g Py Commissioner, c.H.M.C, Circte-28, Malkajgiri, Medchat_Malkajgiri Q. One CC to SRt VTJAY B-PARO_PAKAR|, Advocate [OpUC] 7. Two CCs to GP FOR MCPL AqMry & URBAN OeV', *igribourt for the Stare 8. ONE CC tO SRI KATIKA RAVINDEH REDDY, SC FOR HYDRAA TOPUCI 9. One CC to SRt MTDDE ARUN KUMAR, SC FOR CnUtC tOpucl 10.Two CD Copies PSK. PSK.

6. HIGH COURT DATED:2410112025 CC TODAY ORDER WP.No.2089 of 2025 I I \-\t s rAra '1 I 27 lN ?$6 '; ;l I ( tJ o ,J r\? * I),-- '' DISPOSING OF THE WRIT PETITION WITHOUT COSTS