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 additional floor while pending application for regularisation, in Plot No/House No. 2-4411 in Sy. No. 91, Situated at lndra Nagar, Gachibowli Village, Serilingampally Mandal, Under G.H.M.C Serilingampally Circle, Ranga Reddy District, Telangana state is illegal arbitrary violative of fundamental rights guaranteed under I constitution and consequently set aside the speaking orders vide No 8970/UC/TPS/ C20 | SLP Zl 2024 dated. 20.0 1 .2025. l.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in thr: circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all' further proceedings araising out of speaking orders vide No. 8970/UC/IPS/C2O;SLPZ|2024 dated. 20.01 .2025, in Plot No/House No. 2-4411 Situated at Indra Nagara, Gachibowli Village, Serilingampally Mandal, Under G.H.M. C 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 AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 to 4 : SRI G.MADHU SUDHAN REDDY The Court at the stage of admission made the following ORDER I HON,BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.2 47a of 2025 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 house bearing No.2-44 11, admeasuring 168 Sq' yards, in Sy'No'9O' situated at Indra Nagar Colony, Gachibowli village' Serilingampally mandal, Ranga Reddy district, within GHMC limits, on the strength of a registered sale deed bearing document No' 15029 of 2Ol7 dated 14' l2'2O17 ' lt is old house. Therefore, with an intention to demolish old house and construct a new house, they have obtained building permit order dated 26.06.2024 and work commencement letter dated O9.07.2024 from GHMC for KL,J W.P.No.2478 of 2025 2 construction of Stilt for parking + 13 Llpper floors. According to the petitioners, tJrey have constructed 4th floor extrzr. 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/3635g/2O24, dated 19.72.2024 to respondent No.2 seeking regularization of the said un-authorized construction under Sections 455-A and 455-AA of the GHMC Act,

1955. They have a_lso 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 inaction of respon<lent No.2, petitioner filed 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 issued a Show Cause Notice, dated 06.O1.2025 stating KL,J W.P.No.2478 of 2O25 J 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 1g.12.2024 submitted by them seeking regularization of the subject property, respondent No'3 vide speaking order dated 20.O1.2025 directed the petitioners to remove the said un-authorized construction' Challenging the said speaking order dated 2O.O|'2O25, petitioner filed the present writ Petition.

4. Whereas, Sri G. Madhusudhan Reddy' learned Standing Counsel appearing for respondent Nos'2 to 4' on instructions, would submit that respondent No'2 will consider the application, dated l9'Ot'2O25 submitted by the petitioners seeking regularization of the lln- authorized construction and pass appropriate orders' L I KL,J W.P.No.2478 of 2025 1 strictly in accordarce with the procedure laid down under tht' 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 lg.Ol.2O2S submitted by the petitioners seeking regularization of the un_ authorizerl construction in terms of Sections 455_4 and 455-AA of the GHMC Act, 1955 and pass appropriate orders, strictly in accordance with the procedure laid down under the GHMC Act, 1955 by putting the petitioners ald Mr.N. Vishal Singh on notice and affording thern an opportunity of hearing If, respondent No.2 is not inclined to accept the request made by the petitioners he shall pass a reasoned order assigning specific re.rsons and communicate copy of the said order to the petilioners herein. However, he shall complete the said exercise within a period of four (4) weeks from the date of rect-'ipt of a copy of this order. Subject to result of KL,J W.P.No.2478 of 2025 l the same, respondent No.3 will not take action, if any, against the petitioners herein. Till then, impugned speaking order dated 2O.O1.2O25 shall not give effect' There shall be no order as to costs- As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. I To I SDi- P.Ch. NAGABHUSHAMBA NT REGISTRAR ASS //TRUE COPY// CTION OFFICER

1. The Principal Secretary, Municipal Department, Secretariat, State of Telangana at HYderabad.

2. The C"ommissioner, Greater Hyderabad Municipal Corporation, Hyderabad. 3.TheDeputfCommissioner,serilingampallyCircle20,GHlr/CCorporation. 4. The Assistint city planner, Serilingampally circle 20, GHlvc corporation. 5.TwoCCstoGPFoRMCPLADMNANDURBANDEVELoMENT,HighcouTt for the State of Telangana at Hyderabad. [OUT]

6. One CC to SRI T.SRUJAN KUMAR REDDY' Advocate IOPUC] 7. One CC to SRI G.MADHU SUDHAN REDDY' Advocate (OPUC) B. Two CD Copies SA GJP HIGH COURT DATED:2910112025 ORDER WP.No.2478 o'f 2025 DISPOSING OF THE W.P WITHOUT COSTS. ( 7 C, .} +t 1 HE -4147 e 't t -)rl 06 ilAB 20?5 \ t ,ATc \\