Anthonv Clement. S/o. Anthonv Jacob 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 ir/andamus, declaring the proceeding No. 03767/TPS/C2816HIUCl2O21, daled 24t12t2021 in revoking the house permission of the petitioners in House Bearing No. 16-125 in survey no.704 and 705 admeasuring 243 sq yards situated at New Mizalaguda, Malkajgiri within limits of Greater Hyderabad Municipal Corporation limits, is illegal, irbitrary, contrary to the provisions of GHMC Act, violation of "naiurat justice, and violation of .fundamental rights guaranteed under piinciptes of bonriitrtion of lndii by setting aside the same and consequently direct the respondents to allow the petitioners to proceed with the further construction * lA NO: 1 OF 2022 . ' Petitibn ulder Section '15'1 CPC praying that in the circums,.ances stated in the affidavit filed in support of the petition, the High Court may be p,1625s6 to direct the respondents to allow the petitioners to proceed with the further construction in House Bearing llo. 16-125 in survey no. 704 and 705 admeasurirrg 243 sq yards situated at Ne\'/ [r4 zalaguda, tMalkajgiri within limits of GreaLter Hyderabad lVlunicipal Corp )ration Limits, by suspending the _ impugned proceedings No.03767/TPSiCzBlCHl,ACl212't , dated 2411212021 issued by the respondents, pending disposal of the main writ petition Counsel for the t)etitioner: SRl. DUNNA AMBEDKAR Counsel for the llespondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the llespondent Nos.2 to 4: SRI G. MADHUSUDHAN REDDy SC FOR GHMC WRIT PETITION NO:2225 OF 2025 Between: Anthony C ement. S/o. Anthony Jacob, Aged about 59 years, Occ- Business, Rl/o. 16-1:5, l.lew tvlirjatagucia Matkajgiri Hyderabad, t\,4etichat NEtiajgiri . District. ...PETITIONER AND 1 2 4 5 The State r,f Te angana, R9O. bV its principal Secreta^/. Il4unic pal Administra'ion ; nd Urban Development Di-,partment, Secretari.it Buildings, Hyderabad Thetlyderi rbad Dilaster Re_sponse and Asset proteclion Agency, Office at 7th Floor, E hudha Bhavan Ranijung side of Tank bund Rep"by it6' Commissio rer The. Greate r Hyderabad Municipal Corporation, Rep by Commrssioner Lower Tank Bund Hydr:rabad. The Greate r Hyderabad Municipal Corporation, Rep by Deputy .commissic nei rlircte -XXVilt Matkajgiii cirate,'Hya;iJbad. The Greate' Hvderabad Municipal Corporation, Rep by Deputy City planner I own Planr ing fiection, Circle 28, Malkajglri Circle; Hiderdbaa. Petition un ler Articre 226 of the constitution of lndia pray ng that in the circumstances strrted in the affidavit filed therewith, the High'r:o"urt may be pleased to issue an appropriate writ, order or direction more particuiarly one in the nature of WRIT ()F IVIANDAMUS declaring the action of the 2ndresfiondents in ...RESPONDENTS demolishing the petitioners house bearing No. 1 6-125/1 , situated New Mirjalguda, Malkajgiri circle - xxvtll, within the limits of creater Hyderabad tviun-icipat corporation is illegal, arbitrary, violation of principles of natural justice, fgndemental rights 'guaranteed under the constitution of India, contrary to the eVidence on record and as well as the provisions of rhe Hyderabad bisaster Response and Asset Protection Agency Act and consequenfly direct the 2nd respondent not to demolish / interfere the petitioners house bearing No. 16-'12511, situated New Mirjalguda, Malkajgiri circle - XXV|ll, within the limits of Greater Hyderabad Municipal Corporation lA NO: 1 OF 2025 Petition under Section 1 51 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- '12511, situated New lvlirjalguda, Ir/alkajgiri Circle - XXVlll, within the Iimits of Greater Hyderabad Municipal Corporation, forthwith pending disposal of the main writ petition Counsel for the Petitioner: SRl. AMBEDKAR DUNNA Counsel for the.Respondent No.1: cP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2: SRI KATIKA RAVINDER REDDy SC FOR HYDRAA Counsel forthe Respondent Nos.3 to 5: SRI c. MADHUSUDHAN REDDY SC FOR GHMC The Court made the following: COMMON ORDER I TIIE IlON'BLE SRI JUSTICE K. LAKSHNIAI'- WRIT PU'IITION Nos. 2446 of 2022 and2225 of 2il25 COMMOI{ OITDER: Hea d lvlr. Dunna Ambedkar, leamed counsel appearing for petiti,rner and Sri G. Madhusudhan Reddy, learned Standing Counsel for Greater Hyderabad N{unicipal Corporaticn (tlHMC) appearing for respondent Nos.2 to 4 in W.P.No.2,t46 of 2022 and respondent Nos.J to 5 in W.P.No.2ll25 cf 2025 and Sri Katika Ravinder Reddy', leamed Standing (lourLsel for Hyderabad Disaster Response an,J Asset Protection Agt:ncy (HYDRAA) appearing for rcspondcrt No.2 in W.P.Nc.22-5 o12025.

2. Conrnissioner, GHMC, has received complainL dated

20.10.202 liom one J. Sri Ram alleging that petitioner obtained buiitling permission against the proposed Master Plan of 66'.0" i20 meters) by considering as 30'.0" road ,rvithout deducting roarl affected area for the proposed 60'.0' road. Petitioner has made construction of house bearing No 16-125 by encroat,hing into the road. Therefore, permission obtained / t i t I t I ! 2 w.P.Nos.2446 ot 2022 a d 222s "rf:;Js by petitioner and construction made by him are in violation of the building rules and also Master plan.

3. On recerpt of the said complaint, Commissioner, GHMC, has issued show cause notice dated 03.11.2021 directing petitioner to subrnit explanation. He has not submitted any explanation in respoflse to the same. Thereafter, vide ord,er dated 24.12.2021, Cornmissioner, GHMC, revoked the building permission obtained by petitioner. Challenging the said revocation order_ dated 24.12.2021, petitioner filed W.P.No.2446 of 2022.

4. Vide order dated 20.01.2022, thisCourl while directing the matter to be listed on 03.02.2022, directedrespondents not to demolish the subject property constructed by petitioner. 5. While the mafter 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 petirion (pIL) No.60 of 2021. ) l l i l :t : f l : l I I l l I I , i '': t! : i :44 3 KL, J W-P.Nos 2:146 oi 2022 ai.l 2225 ol2025

6. On :eceipt of the said complaint, Deputy City Planner, HYDRAI., has issued notice dated 02.01 .2025 recluesting petitioner to submit copies of following documents. i. ii. i.., vi,. vi,i Copy of Sanctioned Plan & its Proceedings Copy of Registered Documents of propertl . Copy of Link Documents. Copy of Layout plan. Details of Courl cases (if anY). Developrnent Agreement Society Resolution Other documents related Three dal's time was grantedto petitioner. He had strbmitted explanation dated 06.01.2025 along with copics o1- r.hc said documenls. Without considering the said explanation, responderLts tricd to demolish the subject propefty. They have also uracie nrarkings. Challenging the said action of the responderrts, lletitioner hled Writ Petition No.2225 of 2025

7. Sri Katika Ravinder Reddy, learned Standing Counsel for HYDI(AA, on instructions, would submit that Deputy City Planner, H'(DRAA, will consider explanation dated \

06.01.2015 along with copies of documents subrnitted by petitioner and take action, if any, against petitioner strictly in I t w -P-Nos 2446 0{ 2022 4d 2225 0t 2025 KL, accordance with law and by putting petitioner and complainant on notice and aflording them an opporlunity 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 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 opporlunity of hearing. He shall complete the said exercise within a period of six (6) weeks from the date of receipt of cop1, of this order. Till then, the authorities of HYDRAA shall not proceed furlher pursuant to notice dated 02.01.2025. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. t \ To, I //TRUE COPY// SD/.N. SRIHARI TANT REGISTRAR ASS SECTION OFFICER The Prl. Secretary, Municipalities and MAUD Department Secretariat' Hyderabad

2.TheCommissionerLowerTankBund,GreaterHyderabadMunicipal Corporation, HYderabad

3. The Deoutv Commissioner, Greater H 28, Malbktgiri Circle, HYderabrd q* yderabad Municipal Corporation, Circle I I

4. The Depu! City Planner Town Planning Section, Greater Hydr,rabad Municipal Corporation, Circle 28, MalakJgiri Circle. Hyderabdd

5. The Comm ssioner, Hyderabad Disaster Response and Asset frrotection Agency, Of ice at 7th Floor, Bhudha Bhavan Ranijung side of Tank bund 6. The.Grg.ate '.Hy<te_rabad Municipal Corporation, Rep by Deputy Comrlissioner Circle -XXV'll It/alkajgiri Circle, Hyderabad.

7. One CC to SRl. AIVBEDKAR DUNNA Advocate tOpUCl 8. One CC to riRl KATIKA RAVTNDER REDDY SC FOR HYDRAI\ tOpUCl 9. One CC to riRl (i. MADHUSUDHAN REDDY SC FOR GHMC IOPUCI 10.Two CCs to GP FOR IVCPL ADMN URBAN DEV, High Court fcr the State of Telangana. [OLl-l-] 1 1 . Two CD C:o ries KKS GJP HIGH COUTRT I DATED:2810112025 ) ) , COMMON ORDER WP.Nos.24,46 o12022 AND 2225 OF 2025 :,iqt€ q L) v o .+ 0'i F?i 2m * o )r l_jj.ri T\ DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS t+ 9 ))\,