High Court · 2025

Judgment

2. J.

5. The State of Telangana, Rep. by its Principal Secretary' Municipal ndrinistrrlion and U Dbepartmeht' Secretariat' Hlderabad' f6J"oi.l"tiii Hloeraoao ivlunicipai Corporation, Rep. by its Commissioner, Lower Tank Bund, HYderabad. ih; - Depriy cohriissioner, Greater . Hyderabad Municipal Corporation' Goshamihal KBZ Circle -14, Hyderabad in" Aiii i"*n elanning offic'er, Greater Hyderabad Municipal corporation, Goshamahal KBZ Circle -'14, Hyderabad Occ- nimeir,-Sinr<la, S/o Lut" elthral Sankla, Aged..about 61 ijJii',iJil,-ny"'li l_iosizl., Ghode Ki Khaba, Mangathat, Gyan Bagh colony, Asif Nagar, Hyderabad. -years' ...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 a writ or order or direction more parttcularly one in the nature of writ of lvlandamus declaring to dectare the Lr.No.9/509/1/14ITPS/C- 141KBZ1GHMC;2O24 Dl- 22tO1t2025 of the 3'd respondent whereby directing the petitioner to stop the construction and also to remove Ground + First Floor within 7 days at H.No.14-1-509/9 Ghode- ki- Khabar, Hyderabad though there is permission for parking plus 2 Upper Floors in an extent of 54 35 Sq mts vide file No.458903/GHMCl2O643l2O24 Dl- 04t1212O24 issued by the 3rd respondent as illegal,arbitrary,unconStitutional,withoUtfollowingdueprocedureagainstthe principles of natural justice and contrary to the provisions of TS lVlunicipalities Act and also contrary to the order in w.P.No. 31455 of 2024 and set-aside the same by consequently direct the respondents not to interfere with ongoino construction of the above mentioned property lA NO: 1 OF 2025 Petition under serction 15'1 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be plt:ased to stay of all further proceedings including the demolition of the petitioners property at H.No.14-'1-509/1 (Old No. 14-1-509/3), Ghodi-ki-Khabar, 13oshamahat, Hyderabad in pursuance of impugned proceedings in Lr.No.9/509 t1t14fipslc- l4lKBzl GHIUC / 2024 Dt- 22-01-202s of the 3rd respondent, pending disposal of the main Writ Petition Counsel for the Pet:tioner: SRl. SHEKHAR pANDURI Counsel for the Respondent No.1: Gp FOR MUNtCIpAL ADM|NISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2to4: SRI MIDDE ARUN KUMAR, SC FOR GHMC Counsel for the Respondent No.5:-- The Court made the following: ORDER I I Y HON'BLE SRI JUSTICE K. LAKSHMAN V/RIT PETITION No.2273 of 2o25 ORDER: Heard learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No. 1, Sri Midde Arun Kttmar, learned Standing Counsel appearing for respondent Nos'2 to 4' Perused the record. In view of the nature of relief sought by the 2. petitioner, this Writ Petition is disposed of at the admission stage dispensing with notice to respondent No.5.

3. Petitioner herein is claiming that he is the absolute owner and possessor of house bearing No'14-1-5O9/3 situated at Ghode Ki Khabar, Seetharampet, Hyderabad' on the strength of a registered partition deed bearing document No.6359 of 20 15, dated 29'12'2015 and also KL, \ '.P.No.2273 of 2025 2 on the strellgth of Memorandum of Gift Deed. dated

06.70.2007. The said property is 65 Sq.yds. Therefore, according to the petitioner, there is no need of c,btaining permlsslon lor construction of house form Greater Hyderabad Municipal Corporation.

4. As per Section Z(2) of the TS_bpASS Acr, 2020, petitioner has to register himself by paying Rs.1/_. Without doing so, he started construction. Tlrereflore, respondent No.4 has issued notice, d.ated 26.10.2024 directing the petitioner to submit certain documents including sar:Lctioned plan. Seven (7) days time was granted to the petitioner to submit explanation. He has submitted explanation, dated O4.L1.2024 along with certain documents. He has not filed proof of servicr: of the said explanation on respondent No.4.

5. Petitionr:r has filed a writ petition vide W.P.No.31455 of 2024 challenging the action of respondent l,lo.4 in proceeding further v,,ithout considering ttLe said explanation, dated 04.l ) .2024 KL,J W.P.No.2273 of 2025 3 subrnitted by hirn to the show cause notice, dated

26.10.2024. On consideration of the said aspects, vide order, dated 11.11.2024, this Court disposed of the writ petition directing respondent No.4 to consider the explanation, dated 04.11.2024 submitted by the petitioner and also the aforesaid aspects and pass appropriate orders in accordance with law, as expeditiously as possible, preferably, within a period of four (4) weeks from the date of receipt of the said order' This Court also directed respondent No'4 to communicate copy of the said order to the petitioner herein' Thereafter, respondent Nos.3 and 4 shall take action, if any, against the petitioner. Till the said exercise is completed, respondent No.4 was directed not to dispossess the petitioner from the subject property. It is contended by the learned counsel for the 6. petitioner that in compliance with the said order' petitioner has registered himself with Greater Hyderabad Municipal Corporation under TS-bPASS which obtained \,V.P.No.2273 of 2025 4 certificate for registration, dated 04.12.2:024 for constrlrction of stilt for parking + 2 upper floors. Petitioner has completed construction of ground+1 upper floor. Even then, respondent No.3 has issr.red vide speaking order, dated 22.O1.2025 directing the petitioner to remove the unauth orized construction. Seven (7) days time was granted to the petitioner herein. It is specific contention ol the learned counsel for the petitioner that the petition,:r herein has already complel.ed the construction on obtaining certificate for registrzrtion for building consr-ruction, dated 04.I2.2024.

7. As discussed supra, as on 1 1. LL.2024, pt:titioner has not subnritted any application seeking registration under TS-bPA.SS in compliance with the order. dated 7I.11.2024 in W.p.No.31455 of 2024. He has rellistered himself under TS-bPASS only Accordingly, ground floor construction is prior to the notice, dated 04.12.2024. However, he has been completed the 1"r floor after 04.12.2024. Therefcrre, he

04.L'._,!.2024. ry/ t' KL,J W.P.No.2273 of 2025 5 seeks liberty of this Court to submit an application to respondent No.2 under Section 455.4 and 455AA of Greater Hyderabad Municipal Corporation Act, 1955 seeking reg:Jarization of the said constru'ction' In the light of the said submissions, this writ 8. petition is disposed of granting liberty to the petitioner to submit an application to respondent No'2 seeking regiarization of the unauthorized construction under Sections 4554' and 455AA of tJle Act, 1955 within ten (10) days from the date of receipt of a copy of this order and i on submission of such application, respondent No'2 shall consider and decide it in accordance with law by putting the petitioner and respondent No'5 on notice and affording them an opportunity of hearing' Till then' respondent No.3 is directed not to give effect to the speaking order, d'ated 22.01.2025' If petitioner fails to submit such application within ten (10) days' liberty is granted to respondent Nos.3 and 4 to take action against i KL, \4 .P.No.2273 cf 2025 6 the petitioner in accordance w.ith law. There shirll be no order as to r:osts As a secluel, miscellaneous petitions, if any, pending . in the Writ Pr:tition shall stand closed. To, //TRUE COPYII SD/. A.V.S.PRASAD ASSISTANT REGISTRAR i SECTIOI{ OFFICER Bund, Hyderabad. Secretariat, T.S., Hvdeiabad. Goshamahal KBil Circte -14, Hyderablad

1. The Principql Se,:retary,.Municipal Administration and UD Department, 2. The commissioner, Greater Hyderabad Municipar corporation, r-ower Tank 3 The_Deputy Co_mmissioner,.G.reater Hyderabad Municipal Corporation, 4. The Asst. Town Pranning officer,. Greater Hyderabad Municipar corporation, 5. Qne CC to SRt. SHEKHAR PANDURt, Advocate tOpUCl 6. Two CCs to GP FoR IVUNICIPAL ADMINISTnnrrorvAfto URBAN DEVELoPIMENT High court for the State of rerangana, at Hyderabad [oUT1 Z 9n" CC to SRI. I\4ID"DE ARUN KUIVAR;-SC FoR 6HMbIiJfJ.:iI-"-" ."" ,, B. Two CD Copies Goshamahal KBZ Ctcl; -1 4. Hyderabad. \ BM ^ HIGH COURT DATED:2810112025 ORDER WP.No.2273 of 2025 { tiE S14i ( o6 Y < J J o 't 12 F[i 2025 o -b Dgspar c\rr0 * DISPOSING OF'THE WRIT PETITION WITHOUT COSTS