Vangala Jyothi, Wo v. Srinivas, Aged about

5. T. Venkat, S/o. Late Sri.T. Nandakishore aged about 50 years, occ - Business R/o. 't -3-'139, Rajamudaliar Street, Kalasiguda, Secunderabad, Telangana State -500 003 ...RESPONDENTS 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 a direction, more particularly one in nature of Writ of Mandamus directing the 3rd and 4th respondent not to demolish the old repaired new wall constructed in the year 2019 belonging to the petitioner property without due process of law under the influence of 5th respondent which is situated at the south western side of petitioner house property consisting of Ground plus Two Floor Building in 280 Square Yards of land bearing H.No.1-3-1 68, Rajamudaliar Street, Kalasiguda, Secunderabad, Telangana State and also declare the action of official respondents in trying to demolish the petitioners small old repaired new wall without due process of law as arbitrary, unjust and violative of Article 14, 21 and 300-4 of the Constitution of lndia. IA NO :10 F 2025 Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the 3rd and 4th respondent not to demorish the ord repaired new wa, constructed in the year 2019 belonging to the petitioner property without due process of law under the infruence of Sth respondent which is situated at the south western side of petitioner house property consisting of Ground plus Two Floor Building in 280 Square Yards of land bearing H.No.1_3_168, Rajamudaliar Street, Kalasiguda, Secunderabad, Telangana State, pending the disposal of this writ petition. Counsel for the petitioner: M/s. OM LAW FIRM Counset for rhe Resoondent No.1: op ion riiipr_ ADMN & uRBAN DEV Counset for the Respondent Nos.2 ro +isni'c.MToHUSUDHAN REDDY. Sc counsel for the Respondent No.S: -- The Court made the following: ORDER FoR GHMC I {X. '}ti , \.;' {i1 HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.23O3 of 2o.25 ORDER: Heard learned counsel appearing for the petitioner and Sri G. Madhusudhan Reddy, learned Standing Counsel appearing for respondent Nos.2 to 4. perused the record.

2. In view of the nature of relief sought by the petitioner, this Writ Petition is disposed of at the admission stage dispensing with notice to respondent No.5.

3. Petitioner herein is claiming that she is the absolute owner and possessor of house bearing No. 1-3_16g comprising of Ground + 2 L)pper floors admeasuring 280 Sq. yards situated at Kalasiguda, Secunderabad. A small old wa_ll on the South Western side of the petitioner's property was at the verge of collapse. In the year 2Ol9 she has done repairs and made a new watl and I t KL,J W.P.No.23O3 of 2025 2 closed the bathroom. In proof of the sarne, she has filed copies of sale deed and also photographs. Even during the repairs of the aforesaid small wall, respondent No'S started interfering with the same. Therefore, she has issued a Legal Notice to him. At the instance respondent No.S, ofhcials of respondent Nos.2 to 4 came . to the subject property on 24.01.2025 and directed the petitioner to remove the said small wall within a week, without following due procedure laid down under the GHMC Act, 1955. Challenging the said action of respondent Nos.2 to 4, petitioner filed the present writ petition.

4. Perusal of the photographs would revea-l that she made construction with brick work. She cannot do the repairs including brick work without obtaining prior permission from the respondent corporation. In the light of the submissions made by learned counsel appearing for the petitioner, it is relevant to extract Section 2(3) of I I -) KL,J W.P.No.23O3 of 2025 the GHMC Act, 1955 which dea-ls with definition of 'building', as follows: " Section 2 (3) 'building ' includes a house, out- lnuse, stable, latrine, godoun, shed, hut, utall, fencing, platform and ang other structure Lohether of masonry, bicks, u-tood, mud, metal or of ang other mateial u hatsoe u e r ; " The aforesaid repair and construction with brick wall includes building' in terms of Section 2(3) of the GHMC Act, 1955.

5. In the light of the said submission, this Writ Petition is disposed of directing respondent No.3 to inspect the site and if the petitioner 1S proceeding with a-ny construction, he shal1 take action against the petitioner, strictly in accordance with the procedure laid down under the GHMC Act, 1955. He sha,ll complete the sajd exercise within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. f .: KL,J W.P.No.23O3 of 2o25 'l 4 Asa sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed' //TRUE COPY// SD/- P. Ch. NAGABHUSHAMBA ASSI OFFICER To Hvderabad Telangana Telanoana S[ate, State of Telangana'

1. The Secretary, Dept of Municipal Administration ' Secretariat' Hyderabad' ' 2. Comriissioner, G reater Fiyb:A;H't/'nicipal Corporation' Nea r Tankbuhd 3. T#Hiliv Coifii.tion"t, GHIvIC Circle No'30' Secunderabad Zone' - Beoum6etSecunderabad' Telangana 4. ffBilli.ifi cii;i;;;;;;' GtrMt Circte No 30' secunderabad Zone' " Beoumoet Secunderabad, Telangana 5 &; CEi; M/i. orrtr lAw'rtnM, Advocate-[oPUC]. A rwo cCs to Gp FOR MCpL'ADMi.f a UnehN DEV, High Court for the State -' z 5nl"ii"tl'Snid.iirn-onudubnar'i nEoov, sc FoR GHMC [oPUC] oiielanqana, at HYderabad IOUI Two CD CoPies B PSK. m w HIGH COURT DATED:2810112025 ORDER WP.No.2303 of 2025 Ett1 T4 O 0 5 Fr3 ztffi I DISPOSING OF THE WRIT PETTTION WITHOUT COSTS W