Writ Petition No. 2016 of 2022 · High Court · 2025

Petition under Article 226 of lhe 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. 4099/TPS/C28IGHMCI2O21, daled 2411212021 in revoking the house permission of the petitioners in House Bearing No. 16-126/1 situated in Sy No. 704 and 705 of Old Mirzalaguda, Malkajgiri, GHMC Limits, is illegal arbitrary, contrary to the provisions of GHMC Act, violation of principles of natural justice, and violation of fundamental rights guaranteed under constitution of lndia by setting aside the same and consequenfly direct the respondents to allow the petitioners to proceed with the further construction. lA NO: 1 OF 2022 Petition under section 1s1 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 to allow the petitioners to proceed with the further construction in House Bearing No. 16-126/1 situated in sy No. ro4 and 705 of ord Mirzaraguda, Malkajgiri, GHMC Limits, by suspending the impugned proceedings No. 4099/TP5/c28lcYMcr2o21, dated 2411212021 issued by the respondents, pending disposal of the main writ petition. Counsel for the Petitioners: SRI DUNNA AMBEDKAR Counsel for the Respondent No.1: Gp FOR MCPL ADMN URBAN DEV counsel for the Respondent Nos.2 to 4: sRt G. MADHUSUDHAN REDDY, sc FoR GREATER HYDERABAD MUNtCtpAL CORpORATrOUtciirtlcl WRIT PETI TION NO:22220F 2025 Between:

1. Akurathi Venkat Ramayya, S/o. Akurathi Seshagiri Rao, Aged about 55 Years, Occ- Govemni6nt empnyee, nyo.- G_lzail,-'N;,;" fiifiGd" - -' Malkajgiri, MedchatMatkajgiri Distfici.'

2. Akurathi Padmini, Wo. AkurathiVenkataRama occ:. Housewife, R/o. 16-126/1, New Mirjalguda District 1_,yq Aged about 47 years, Malkajgiri, Medchat Matkajgiri AND .,.PETITIONERS 1 Jle p!a!e ofTetangana, Rep. by Administration and-Urban Dbveio Hyderabad. its Principal Secreta pment Department, ry, Municipal Secretariat Buildings,

2. Thetlyderyrbad Disaster Respo.nse and Asset protedion Agency, Office at 7th Ftoor,.BhudhaBhavan. ndni;unsiide if T;;ibu;ii R;p'6;;td, -',,* ". Commissioner. Tank Bund Hyderabad. 3' The Greater Hyderabad Municipar corporation, Rep by commissioner Lower ' 51):,S:ilfi'i'il',"',ErEl SiJlll'ftijo??lB""f ulli,oiiSl"J[,3:5[x18ffi ion' Rep bv Deputv commissioner ,rs]fi f 3ip3i[,1llT;5s,,,ii.3,?#y"',,p,anner ...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 and in the nature of wRlr oF MANDAMUS declaring the action of the 2d respondents in demolishing the petitioners house bearing No. 16-126/1 , situated New Mirjalguda, Malkajgiri circle - XXVlll, within the limits of Greater Hyderabad Municipal corporation is illegal, arbitrary, violation of principles of naturat justice, fundamental rights guaranteed under the constitution of lndia, contrary to the evidence on record and as well as the provisions of rhe Hyderabad Disaster Response and Asset Protection Agency Act and consequenfly direct the 2nd respondent not to demolish / interfere the petitioners house bearing No. 16-126/1, situated New Mirjalguda, Malkajgiri circte - XXVlll, within the limits of Greater Hyderabad Municipal Corporation. 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 b€ pleased to direct the 2nd respondents not to demolish / interfere petitioners house bearing No. 16- 12611 , situated New Mirjalguda, Malkajgiri circle - XXVlll, within the limits of Greater Hyderabad Municipal corporation, forthwith pending disposal of the main writ petition. Counsel for the Petitioner: SRI AMBEDKAR DUNNA Counsel for the Respondent No.l: cP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2: SRI KATIKA RAVINDER REDDY, SC FOR HYDERABAD DISASTER RESPONSE AND ASSET PROTECTION AGENCY (HYDRAA) Counsel for the Respondent Nos.3 to 5: SRI G. MADHUSUDHAN REDDY, SC FOR GREATER HYDERABAD MUNICtpAL coRpoRATroN(HGMC) The Court made the following: COMMON ORDER r=') THE T{ON'BLE SRI JUSTTCE K. LAKSHMAN WRIT PETITION Nos. 2016 of 2022 and,2222 of 2025 COMMON ORDER: Heard Mr. Dunna Ambedkar, learned counsel appearing for petitioners and Sri G. Madhusudhan Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corlroration (GHMC) appearing for respondent Nos.2 to 4 in W.P.No.20l6 of 2022 and respondent Nos.3 to 5 in W.P.No.2222 of 2025 and Sri Katika Ravinder Reddy, learned Standing Counsel for Hyderabad Disaster Response and Asset Protection Agency (HYDRAA) appearing for respondent No.2 in W.P.No.2222 of 2025.

2. Commissioner, GHMC, has received complaint dated

20.10.2021 from one J. Sri Rarrr alleging that petitioners obtained building permission against the proposed Master Plan of 66'.0" (20 meters) by considering as 30'.0" road without deducting road affected area for the proposed 60'.0". They have made construction of house bearing No.16-126/l by 2 w .P Nos-2o \6 ot zo22 and 2222 ofy[r:s encroaching into the road. Therefore, permission obtained by petitionels and construction made by them 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 O3.ll.Z02l directing petitioners to submit explanation. They have submitted explanation on 09.1 1.2021. Thereafter, vide order dated 24.12.2021, Commissioner, GHMC, revoked the building permission obtained by petitioners. Challenging the said revocation order dated 24.12.2021, petitioners filed W.P.No.2Ot6 of 2022

4. Vide order dated 12.01.2022, this Court while directing the matter to be listed on 2g.01.2022 for flling counter by respondents, directed respondents not to demolish the subject property constructed by petitioners. 5 While the matter stood thus, Commissioner, HYDRAA, has received complaint dated 02.09.2024 from Mirjalguda Welfare Association, Malkajgiri, stating that petitioners made / 3 KL, J W. P- Nos.2O 16 of 2 02 2 a nC, 2222 ot 2025 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.

6. On receipt of the said complaint, Deputy City Planner, HYDRAA, has issued notice dated 02.01.2025 requesting l't petitioner to submit copies of following documents. l: ii. iii. iv. vi. vii. viii. Copy of Sanctioned Plan & its Proceedings Copy of Registered Docurnents ofproperty. Copy of Link Documents. Copy of Layout plan. Details of Court cases (if any). Development Agreernent Society Resolution Other docurnents related Three days time was granted to l't petitioner. He had submitted explanation dated 06.01.2025 along with copies of the said documents. Without considering the said explanation, respondents tried to demolish the subject property. They have also made markings. Challenging the said action of the respondents, petitioners filed Writ Petition No.2222 of 2025.

7. Sri Katika Ravinder Reddy, leamed Standing Counsel for HYDRAA, on instructions, would submit that Deputy City \ 4 KL. J W P Nos.2O16 ot 2022 and 2222 ot 2O2S Planner, HYDRAA, will consider explanation dated

06.01.2025 along with copies of documents submitted by l"tpetitioner and take action, ifany, against petitioners strictly in accordance with law and by putting petitioners and complainant on notice and affording them an opportunity of hearing.

8. In the light of said submissions and 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 l"t petitioner pursuant to notice dated 02.0l.2025, and take action, if any, against petitioners by following procedure laid down under the law and by putting petitioners 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 further I 5 KL, J w.P.Nos.20I6 ot2022 and 2222 of 2O2s pursuant to notice dated 02.01.2025. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. To, //TRUE COPY// SD/.MOHD:tSffAIL ASSISTANT REGISf,RAR I I \'\,, sEcIoN dlHcen ' IifJ,i;&"f,iitary' 2' The c-ommissioner The Greater Hyderabad Municipar corporation, Lower Municipalities and cAD Department secretariat, The state Tank Bund, Hyderabad

3. The.Deputy-Commissioner The Greater Hyderabad Municipal Corporation, Circle 28, Malakjgiri Circle, Hyderabad 'lll,?3fiBiB#x.!1ffi z,L:ylI,ffi iLyn?n"8,,',1L,H?"o.:"#:'.Hvderabad 5. One CC to Sri Dunna Ambedkar, Advocate tOpUCI 6. One CC to Sri A. Jagan, Advocate[OpUC] 7' Two ccs to GP for MuniciparAdministration Urban Deveropment, High court 8. Two CD Cooies TJ BSK Prw., for the State of Tetangana,'at Hydrrb;d jOUn--' Hr9H COURT DATED:2810112025 COMMON ORDER ( t 9 6e !rnr4 1 'i i n./'' g 5 r,ri. 202i !i-sr"t,' WRIT PETITION Nos. 2016 OF 2022 and 2222 of 2O2S DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS ?ttt{, 1dn-\>9