High Court · 2025

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 Order, Direction or Writ more particularly one in the nature of Writ of Mandamus declaring the action of 3rd Respondent in passing speaking orders vide No. 8969/UC/TPS/C20 SLPZ|2024 dated. 20.01.2025 to demolition of additional floor while pending application for regularisation, in Plot No/House Not-58i1/2, 1-5811t3, 1-s1t1l4 in Sy No. 91, Situated at Indra Nagar, Gachibowli Village. Serilingampally Mandal. Under G.H.M.C Serilingampally Circle, Ranga Reddy District. Telangana state is illegal arbitrary violative of fundamental rights I guaranteed under constitution and consequently set aside the speaking orders vide No. 8969/UCiTPSiC20|SLPZ|2024 dated. 20.O1 2025. lA NO: 1 OF 202s 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 speaking -orders vide No. suspend the operation of 896S/UC/TPS/C20lSLPZl2024 dated. 20.01 .2025, in Plot No/House No. 1-58/1/2, 1-581113, 1-581114, in Sy. No. 91, Situated at lndra Nagara, Gachibowli Village, Serilingampally lVandal, Under G.H.fr/.0 Serilingampally Circle, Ranga Reddy District, Telangana State pending disposal of the Writ Petition. Counsel for the Petitioners: SRI T,SRUJAN KUMAR REDDY Counsel for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2 to 4: SRI G.MADHUSUDHAN REDDY, SC FOR GHMC The Court made the following: ORDER .? 1i HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITTON No.25O3 of 2o25 ORDER: Heard Sri T. Srujan Kumar Reddy, learned counsel appearing for the petitioners and Sri G' Madhusudhan Reddy, learned Standing Counsel appearing for respondent Nos.2 to 4. Perused the record.

2. Petitioners herein are claiming that they are the absolute owners and possessors of houses bearing Nos.l-58/1/2, t-s8ltl3 and No.1119908785), admeasuring 321 Sq' yards, in t-58/rl4 (FrIIN Sy.No.91, situated at Indra Nagar Colony, Gachibowli village, Serilingampally mandal, Ranga Reddy district, within GHMC limits, on the strength of gift deeds bearing Nos.8075, 8076 and 8094 of 2023, all dated 25'O5'2023' They are old houses. Therefore, with an intention to demolish old houses and construct new houses, they have obtained building permit order dated 26'06'2024 KL,J W.P.No.25O3 of 2025 2 and work commencement letter dated 09.07.2024 from GHMC for construction of Stilt for parking + 3 Upper floors. Acr:orcling to the petitioners, they have constructed 4th floor cxtra. The same is un-authorized construction. With regard to Stilt for parking + 3 Upper floors, there is no deviation. Therefore, they have submitted an application vide receipt and challan bearing Nos.TS/3tr3SB/2024, dated 19.12.2024 to respondent No.2 seeking regularization of the said un-authorized construction under Sections 455-4 and 455-AA of the GHMC Act, 1955. They have also paid an amount of Rs. 10,000/- towards processing charges. Despite receiving and acknowledging the said representation, respondent No.2 did not act upon the same. Aggrieved by the said irraction of respondent No.2, petitioner liled the present writ petition.

3. In the meanwhile, on the representation of one Mr.N. Vishal Singh, on 19.12.2024, respondent No.3 has KL,J W.P.No.25O3 of 2o25 1 I I issued a Show Cause Notice, dated 06.01.2025 stating that the petitioners herein have made un-authorized construction. Seven (7) days time was granted to them to submit explanation. They have submitted explanation on

27.01.2025. Without considering the said explanation and also during pendency of application dated

19.12.2024 submitted by them seeking regularization of the subject property, respondent No.3 vide speaking order dated 20.OL2O25 directed the petitioners to remove the said un-authorized construction. Challenging the said speaking order dated 2O.O1.2O25, petitioner filed the present writ petition. +. Whereas, Sri G. Madhusudhal Reddy, learned Standing Counsel appearing for responder-rt Nos.2 to 4, on instrrrctions, would submit that respondent No.2 will consider the application, dated 19.O1.2025 submitted by the petitioners seeking regularization of the un- authorized. construction and pass appropriate orders, I(L,J W.P.No.2503 of 2025 4 strictly in accordance with the procedure laid down under the GHMC Act, 1955.

5. In the light of the aforesaid submission, this Writ Petition is disposed of directing respondent No.2 to consider the application, dated 19.Ol.2O2S submitted by the petitioners seeking regularization of the un_ authorized construction in terms of Sections 455_4, and 455-AA of the GHMC Act, 1955 and pass appropriate orders, stlictly in accordance with the procedure laid down under the GHMC Act, 1955 by putting the petitioners and Mr.N. Vishal Singh on notice and affording tllem an opportunity of hearing. If, respondent No.2 is not inclined to accept the request made by the petitioners hc shall pass a reasoned order assigning specific reasons and communicate copy of the said order to the petitioners herein. However, he sha_ll complete the said exercise within a periocl of four (4) weeks from the date of receipt of a copy of this order. Subject to result of ,/ I KL,J W.P.No.25O3 of 2025 5 the same, respondent No.3 will not take action, if any, against the petitioners herein. Till then, impugned speaking order dated 2O.OI.2O25 shall not give eflect' There shall be no order as to costs. Asa sequel, the miscellaneous petitions, if any, pending in the Writ Petition shal1 stand closed. SD/. P. PADMANAEHA REDDY A SISTANT REGISTRAR //TRUE COPYII SECTION OFFICER To, 'l . The Principal Secretary, lrlunicipal Department, of Telangana. cretariat, Hyderabad, State

2. The Commissioner, Greater Hyderabad lvlunicipal Corporation, GHMC Hyderabad.

3. The Deputy Commissioner, Serilingampally Circle 20, GHMC Corporation 4. The Assistant City Planner, Serilingampally Circle 20, GHt\IC Corporation 5. One CC to SRI T.SRUJAN KUMAR REDDY, Advocate tOpUCl 6. One CC to SRI G.MADHUSUDHAN REDDY, SC FOR GHMC [OPUC] 7. Two CCs to GP FOR MCPL ADMN URBAN DEV, High Court for the State of Telangana at Hyderabad [OUT]

8. Two CD Copies BSR GJP Qt44. HIGH COURT DATED: 2910112025 I I ORDER WP.No.2503 of 2025 1 H :;E I A ( Bo( J o I 22 IIA Y 7t25 t o t oeCT c ,} DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 2-"\5\)-t