High Court · 2025

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 direction more particularly one in the nature of Writ of Mandamus declaring the high handed action of the respondents particularly the respondents 3 and 4 in trying to demolish the unauthorized construction over the property of the petitioner bearing municipal no.8-2- 293t82lFtct2 and 3, situated at Film Nagar, Jubilee Hills, Hyderabad, during pendency of BRS application No.2000067490 dated.22112l2O15 submitted by the petitioner in terms of G.O.Ms.No.152, Municipal Administration and Urban Development (M'1) Departm ent, dt.0211112015, without following the procedure as contemplated under law, is arbitrary, illegal, unjust, u nconstitutional, violation of principles of natural justice and also contrary to the provisions of GHMC Act' 1955 and the Rules made thereunder, and consequently direct the respondents 2 I to 4 not to interfere or demorish the unauthorized construction over the subject property, without following the procedure contemplated under law I.A NO:'l o F 2025 Petition under section 151 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 respondents 2 ro 4 notto take any coercive steps of demorition of the unauthorized constructions over the property of the petitioner bearing municipar no.8-2-293l,2lFlCt2 and 3, situated at Film Nagar, Jubilee Hills, Hyderabad, without fo'owing the protedure as contemprated under the raw, pending disposar of the writ petition Counset for the petitioner: SRt. MOHD MOIN AHMED QUADRt COUNSEI fOr thE RESPONdENT NO.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2to4; SRI MIDDE ARUN KUMAR, SC FOR GHMC . The Court made the following: ORDER l lj /.- HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.2759 of 2025 ORDER: Heard learned counsel appearing for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Sri Midde Arun Kumar, learned Standing Counsel appearing for respondent Nos.2 to 4. Perused the record.

2. Petitioner is claiming that she is the absolute owner and possessor of house bearing No.8-2- 293/82|F/C/2&3, situated at Film Nagar, Jubilee Hills, Hyderabd, on the basis of a registered sale deeds bearing document Nos. 1659 of 1993 and L626 of 1997, dated

05.05.1993 and 24.O7.1997 respectively. Petitioner obtained permission for construction of G+2 Upper floors. Thereafter she has made some changes in lst arrd 2nd floors. It is un-authorized construction. In proof of the I 1 W.P.No.2759 ot 2025 KL 2 sarne, she has filed copies of registered sale deeds, building permission and BRS etc. Therefore, petitioner submitted an application bearing No.2O0O067490, dated

22.12.2015 under G.O.Ms.No.152 dated 02.11.2015 seeking regularization of the said property. She has a-lso paid an amount of Rs.1O,O0O/- towards application fee- Despite receiving and acknowledging the said representation, respondent No.2 did not act upon the same. Aggrieved by the said inaction of respondent No.2, petitioner filed the present writ petition.

3. On the other hand, respondent Nos-2 to 4 are trying to demolish the said construction without following due procedure laid down under law. Petitioner also placed reliance on the common order dated 18.10.2016 passed by a Division Bench of this Court in W.P.Nos.5130 of 2016 and batch, wherein this Court directed the Municipal Corporation not to take any coercive steps to demolish the illegal structures raised by the petitioner till consideration of the regularization applications submitted I I I "-7 ,// kirrE€;', W.P.No.27S9 ,, {k:, -) by the petitioners therein in terms of G.O.Ms.No.152 dated O2.1 l.2OlS if the same are submrtted within the timeline i.e., on or before 01.03.2016. According to the petitioner, she has submitted the said application on 22.12.2O15 i.e., before cut_off date. 4. Whereas, Sri Midde Arun learned Stan Kumar, respondent ding Counsel appearing Nos.2 to 4 on instructions, would submit that respondent No.2 will consider the application dated 22.12.2015 submitted by the petitioner arld appropriate orders, in accordance with law. 5. In the light of the said submissions, this wrrt petition is disposed ol directing respondent No.2 to consider the application dated 22.12.2OI5 submitted by the petitioner vide application No.2OOOO6749O dated 22.12.201s under G.O.Ms.No. 152 dated 02.71.2015 seeking regularization of the aforesaid un-authorized construction and pass aPPropriate orders, strictly ln W.P.No.2759 of 2025 KL 4 accordance with law, by putting the petitioner on notice and allording her an opportunity. He shall complete the said exercise within a period of four (4) weeks from the date of receipt of a copy of this order. Till then, respondent Nos.2 to 4 are directed not to dispossess the petitioner lrom the subject property. There shall be no order as to costs. As a sequel, the miscellaneous petitior-rs, if any, pending in the Writ Petition shall stand closed. I -/ To, //TRUE COPYII SD/.A.V.S. PRASAD GISTRAR ASSI \ OFFICER '1 . The Principal Secretary, ,Municipal Administration and Urban Development 2. The Municipal Commissioner, Greater Hyderabad Municipal Corporation, Department, Secretariat, T.S.,Hyderabad.

3. The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Circle- Tankbund Road, Hyderabad, "18, Jubilee Hills, Hyderabad.

4. The Assistant City Planner, Greater Hyderabad Municipal Corporation, Circle-'1 B, Jubilee Hills, Hyderabad. DEVELOPMENT ,High Court for the State of Telangana, at Hyderabad [OUT]

5. Two CCs to GP FOR MUNICIPAL ADMINISTRATION AND URBAN 6. One CC to SRI MOHD MOIN AHMED QUADRI, Advocate [OPUC] 7. Two CD Copies I BM BS w HIGH COURT I DATED:31 10112025 o 1[ tEB ?ffi z c) .b 6TC rtfl ORDER WP.No.2759 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS IO @PqeA W 166"