S.B.Ramesh 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 Writ of Mandamus, declaring the action of the respondents in demolishing building comprising salable area of 13,080 sq.ft on stilt parking and four upper floors admeasuring62T sq. yards, or 524.16 Sq. Mts., in Sy. Nos.76215,76317' 4rt' , situated at mirjalguda, within the limits of GHMC, Malkajgiri Circle, Medchal- Malkajgiri District despite having all permissions sought from the concerned Municipal au.thorities without issuing prior notice illegal, arbitrary and violative of principles of natural justice, Article 14, 21 and 300-4 of Constitution of lndia and consequently direct the respondents not to interfere with petitioners possession over the said property/plots, save by authority of law. IA 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 direct the respondents to forthwith stop demolishing of the building comprising salable area of 13,080 sq.ft on stilt parking and four upper floors. admeasuring 627 sq. yards, or 524.16 Sq. Mts., in Sy. Nos. 76215, 76317, situated at Mirzalguda, within the limits of GHMC, Malkajgiri Circte, IMedchal-lMatkajgiri ,.e District, pending disposal of the writ petition. Counsel for Petitioner : Ms.R.S,ANDHYA, rep., SRI NAGESHWAR RAO PUJARI Counsel for the Respondent No.1to3 : ASST. GP FOR REVENUE counsel for the Respondents No.4 ,Ss,ffifilr[iltNDER REDDy, counsel for the Respondents No.Sto8' 3[,r.;Ht#TTUDHAN REDDy, The Court made the following: ORDER Fe I * THE HON'BLI' SRI JUSTICE K. LAKSHMAN WRI't PIiTITIO N No.2253 of 2025 ORDER: Heard Ms. R. Sandhya, leamed counsel representing Sri Nageshwar Rao Pujari, learned counsel for petitioner and learned Assistant Government Pleader for Revenue appearlng for respondent Nos.l to 3; Sri Katika Ravinder Reddy, leamed Standing Counsel fbr Hydcrabad Disaster Response & Asset Protection Agency (HYDRAA) appearing for respondent No'4 and Sri G. Madhusudhan Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation (GHMC) 4ppearing for respondent Nos.5 to 8.

2. Petitioner is claiming that himself, his brothers and father are claiming that they are the absolute owners and possessors of house bearing No.16-132i I (PTIN No.1170402369), admeasuring 621 Sq.yards, lll Survey Nos.762i5 and 16317 , situated at Mirjalguda, within the limits of GHMC, Malkajgiri Circle, Medchal-Malkajgiri District' They have executed a registered Development Agreement- / 2 KL, J w.l'.No 2253 of 2O25 cum-General Power of Attorney bearing document No.6496 of 2023 dated 11.09.2023 with M/s. RAAM Developers & Constructions Private Limited. The said comllany has completed construction and allotted six flats to them. They are in possession oftheir respective flats.

3. While the matter stood thus, Commissioncr, HYDRAA, I has received complaint dated 02.09.2024 fr<tn Mirlalguda Welfare Association, Malkajgiri, stating that pctitioner made construction by occupying the road and 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.

4. On receipt of the said complaint, Deputy City Planner, HYDRAA, has issued notice dated 02.01 .2025 dirccting petitioner's mother to submit copies of following docurnents. Copy of Sanctioned Plan & its Proceedings Copy of Registered Documents of property. Copy of Link Documents. Copy ofLayout plan. Details of Court cases (if any). Developrnent Agreernent Society Resolution 0ther documents related ll. iii. iv. vi. vii. l- I ,/' 3 (L. J w.P.No.2253 of 2O2s Three days time was granted to her to submit copies of the same. Though the said notice was addressed to his mother, in view of her demise on 22.06.2021, petitioner has submitted explanation along with copies of the said documents on

03.01.2025 to Deputy City Planner, HYDRAA. Without considering the said explanation, officials of HYDRAA marked the subject propefiy and threatened to demolish the same. Challenging the said action of respondents, petitioner has filed present Writ Petition. I I

5. Sri Katika Ravinder Reddy, learned Standing Counsel for HYDRAA, on instructions, would submit that Deputy City Planner, HYDRAA, will consider explanation along with copies of the said documents submitted by petitioner on

03.01.2025 and take action, if any, against petitioner strictly in accordance with law and by putting petitioner and complainant on notice and after affording them an opportunity ofhearing'

6. In the light of said submissions, this Writ Petition is disposed of with direction to Deputy City Planner, HYDRAA, to consider the explanation dated 03.01.2025 along with copies 4 KL, J w-P.No.2253 of 202s 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 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 are directed not to proceed fufther pursuant to notice dated

02.01 .2025. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand I I i closed. To, SD/. P.Ch. NAGABHUSHAMBA ASSISTANT REGISTRAR //TRUE COPY// ECTION OFFICER \ 'l . The Principal Secretary, Revenue Department, Telangana Secretariat,State of Telangana, Hyderabad.

2. The District Collector, Medchal-Malkajgiri District. 3. The Tahsildar, IVlalkajgiri Mandal, Medchal-Malkajgiri District. 4. The Commissioner, HYDRA(Hyderabad Disaster Response and Assets Monitoring and Protection)

5. The Commissioner, Greater Hyderabad Municipal Corporation, Lower Tank Bund, Hyderabad.

6. The Zonal Commissioner, Greater Hyderabad Municipal Corporation, Secunderabad Zone, Secunderabad.

7. The D-eputy- Commissioner, Greater Hyderabad Municipal Corporation, Circle No. 28, Malkajgiri Circle, Hyderabad. B. f.he Deputy City Planner, Town Planning Section, GHMC, Circle No. 28, Malkajgiri Circle, Hyderabad. i. f \

9. One CC to SRI NAGESHWAR RAO PUJARI, Advocate. IOPUCI 'l0.Two CCs to GP FOR REVENUE, High Court for the State of Telangana. '1 1. One CC to SRI KATIKA RAVINDER REDDY, SC FOR GHIVC/HYDRAA loPUCl

12.One CC to SRI G.MADHUSUDHAN REDDY, SC FOR GHIVC. IOPUC] 1 3. Two CD Copies. . BSK GJP / I / HIGH COURT DATED:2810112025 ORDER WP.No.2253 of 2025 , t g STAr6 1v\ , .-: i) 1B l,lAh 2ffl5 7 t OESp^T I DISPOSING OF THE WRIT PETITION WITHOUT COSTS \t f L