High Court · 2025

Judgment

4. The State of Telangana, Rep. by its Principal Secretary, Municipal Administration and Urban Department, Secretariat Buildings, Hyderabad. The Commissioner, Greater Hyderabad Municipal Corporation, Lower Tank Bund, Hyderabad. The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Circle no.2B, Malkajgiri, IVledchal-lr4alkajgiri District. \

Smt. Dubbaka Vishnu Kumari, Wo.Dubbaka Saibaba, Aged about 50 years, Occ. Business, FUo. H.no.27-64171106, Ground Floor, Sri Krishna Nagar, Ramakrishnapuram, Krupa Complex, Secunderabad-056 ...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 order, or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent GHTVIC authorities more particularly 3'd Respondent in issuing Show Cause Notice vide Lr.No.106/UC/C|R-28/TPS/GHMC|2025, Dt. 21 .O1 .2025 without going through the Building Permission on permit no.453500/101 10|GHMC|2O24 and restraining the petitioner from doing further construction of First Floor by threatening to demolish the First Floor Slab constructed over and above existing Ground Floor of House No.27-64171106 situated at East Sri Krishna Nagar, Malkajgiri Mandal, Medchal-Malkajgiri District 22-11-2024 vide as illegal, arbitrarv and violation of Article 14,21 of constitution of lndia, and consequently the direct the Respondent.no.2 and 3 not to take any coercive steps over the construction taken up by the petitioner over the aforesaid property. lA NO: 1 OF 2025 Petition under Section 'r 5'r cpc praying that in the <:ircumstances stated in the affidavit filed in support of the petition, the High court mav be pleased to direct the Respondent.No.2 and 3 not to interfere with construction taken up by the Petitioner over and above existing Ground Floor of Hc use \o.27-6 4l71106 situated at East Sri Krishna Nagar, Malkajgiri Mandal, Medchal-Malkajgiri District thereby suspend the Show Cause Notice videLr. No.106/UC/C|R_ 28ITPS/GHMCl2o25, Dt. 21 .01 .202s issued by the Respc,ndent.no.3 pending disposal of the writ petition. Counsel for the Petitioner: SRI K.L.B.KUMAR Counsel for the Respondent No.1: AGp FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2 & 3: SRt G.MADHUSUDHI,N REDDy, SC FOR GHMC The Court made the following: ORDER 1i I I I t , I f I HON'BLE SRI JUSTICE K. LAKSHMAN ' I[IRIT PETITION No.29O2 of 2O25 ORDER: Heard learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.lland Sri G. Madhusudhan Reddy, learned Standing Cor-rnsel appearing for respondent Nos.2 and 3. 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.4.

3. Petitioner herein is claiming that she is the absolute owner and possessor of first floor over the house bearing No.27-64/71106, admeasuring 62.66 Sq.yds out of total extent 188.0 Sq.yds, on plot No.1 in Sy.No.82, situated at Sri Krishna Nagar, Ramakrishnapuram, Krupa Complex, Neredmet Old Village, Malkajgiri, Medchal-Malkajgiri District, on the strength of a registered sale deed bearing document No.2331 of 2024, dated 06.O4.2024. Respondent No.4 is\her mother-in-law and she is staying in ground KL.J W-l'.No.2902 of 2025 2 floor. On the complaint lodged by respoedent No.4, respondent No.3 has issued show cause r: otict. , dated 21.O1.2025 to the petitioner herein statirrg that the petitioner has made constmction without olrtaining any permission liom the GHMC authorities and urLauth orrzedly laid slabs of first floor to over and above the existingl ground floor. There are also deviations. The same are rnenl-ioned in the tabular form of the said show cattse noti:e. Seven (7) days time was granted to the petitioner to submit explanation. Petitioner submitted explana tion , dated

26.01.2024 stating that she has obtained building permit order, dated 22.71.2024 for construction of grourrd + one upper floor. She has submitted copy of the r;aid building permit order. She has also submitted building pernrit order, dated 29.09.20O6 obtained by her from Municipality for construction of ground floor. Without considering the said explanation, respondent No.3 is proceeding furt her and trying to dr:rnolish the subject property. Chrrllenging the said action of respondent No.3, petitioner filer1 the present writ .petition . KL,J W.P.No.2902 of 2025 3

4. Whereas, Sri G. Madhusudhan Reddy, learned Standing Counsel appearing for respondent Nos.2 and 3, on instructions, would submit that respondent No.3 will consider the said exptanation, dated 26.01.2025 and documents submitted by the petitioner and also a suit vide O.S.No.414 of 2024 filed by respondent No.4 seeking cancellation of gift settlement deed and sale deed and a suit vide O.S.No.726 of 2025 filed by the petitioner against respondent No.4 seeking perpetual injunction and take action, if any, against the petitioner strictly in accordance , It I \ with law and pass appropriate orders strictly in accordance !; with the procedure laid down under the Greater Hyderabad Municipal Corporation Act, 1955 (for short 'the Act, 1955') by putting the petitioner and respondent No.4 on notice and affording them an opportunity of hearing.

5. In the light of the said submissions, this Writ Petition disposed of directing respondent No.3 to consider the 1S rep1y, dated 26.O1.2025 submitted by the petitioner to the show cause notice, dated 21.01.2025 and the aforesaid building permit orders, dated 29.09.2A06 and 22.IL.2024, KI-,J W P.No.2902 of 2025 4 pendency ol the aforesaid two suits and pas{i appropriate orders strrctly in accordance with the procedtLre l::Lid down under the Act, 1955, by putting the pe,titior-rer and respondent No.4 on notice and affording them an opportunity of hearing. He shall complete the said exercise within a period of four (4) weeks from the datt: of leceipt of a copy of this order. Till then, respondent No.3 is directed not to procced further pursuant to the show camse notice, dated 21.01.12O25. No costs. As a sequel thereto, miscelianeous petilions, if any, pending in the Writ Petition shall stand closed /TTRUE COPY// SD/.L. LAKSHMI BABU ASSISTANT REGIS/TRAR I sEcfloN oYrrcen To, Seiretariat' B uild ings, Hyderabad, State of I elangana' 'l The Princioal Secretary, Municipal Administration an<l Urban Department' " 2. The commissioner, Greater Hyderabad Municipal corporation, Lower Tank Bund, HYderabad. ? The Deoutv commissioner, Greater Hyderabad Municipal corporation' circle - noZA, Mal(ajgiri, Medchal-Malkaigiri District' 4. One CC to SRI K.L.B.KUMAR, Advocate [OPUCI 5. One CC to SRI G.MADHUSUDHAN REDDY' SC FOR OHMC [OPUC] 6. Two CCs to GP FoR MCPL ADMN URBAN DEV, Higt. Court for the State of Telangana at Hyderabad [OUTI

7. Two CD CoPies 6 BSR BS HIGH COURT KL, J DATED: 0310212025 ORDER WP.No.2902 ot 2025 ,,t-'.:, ,/r)"' .-.i rt i(- i; Iii.,lr - i I '1 il l rEB zffi 'i i!... /i.i:_. -i: , r_, ..1 )f s. ri','r .t '-:' DISPOSING OF THE WRIT PETITION AT THE ADMISSION STAGE, WITHOUT COSTS I : i