The 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 appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAIVUS declaring the action of the 2ndrespondents in demolishing /mark for demolition the petitioner house bearing No. 15-7Ol1lAl2 ( New ) 15-70 Old under survey numbers 75512, an admeasuring 289.00 Sq Yards situated at tvlirjalguda under GHMC Malkajgiri Circle andlt/andal, Medchal t\/alkajgiri Districtis illegal, arbitrary, violation of principles of natural justice, fundamental rights guaranteed under the Constitution of lndia, contrary to the a evidence on record and as well as the provisions of rhe Hyderabad Disaster Response and Asset Protection Agency Act and consecuently direct the 2nd respondent not to demolish / mark for demolish and interfere the petitionerhouse bearing No. I 5-70l1/A/2 ( New) 1 S- 70 Old under survey numbers 7SSl2, an admeasuring 289.00 sq Yards situated at Mirjalguda under GHMC Malkajgiri Circle andl\,4andal, lr/edchal [r/alkajgiri District and pass lA NO: 1 OF 2025 Petition under section '15'1 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the 2nd respondents not to demolish / interfere pelitioner house bearing No. 15-70/ 1/A/2 ( New ) 15-70 old under survey numbers 7ssl2, an admeasuring 289.00 sq Yards situated at Mirjalguda under GHMC lr,/alkajgiri circle 8.5Mandal, I\/edchal IMalkajgiri Districtforthwith pending disposal of the rnain writ petition. Counsel for the Petitioner : SRI AMBEDKAR DUNNA Counsel forthe Respondent No.1 : Gp FOR MCPL ADMN (TRBAN DEV counsel for the Res;pondents No.2 , S|'ffilffrlixNDE:R REDDY, Counsel for the Res.pondents No.3TO5 : SRI G.MADHUSUDHAN REDDy, SC FOR GHMC The Court made the following: ORDER HON'BLE SRIJUSTICE K. LAKSHMAN ' WRIT PETITION N0.2925 0F 2025 ORAL ORDER: Heard Mr. Ambedkar Dunna, learned counsel for the petitioner, Mr. Katika Ravinder Reddy, learned Standing Counsel for HYDRAA appearing on behalf of respondent No.2 and Mr. G. Madhusudhan Reddy, learned Standing Counsel for GHMC appearing on behalf of respondent Nos.3 to 5.

2. The petitioner herein is claiming that he is the absolute owner and possessor ofthe house bearing No.15-70/1/4/2 (New) and 15-70 (Old) (PTIN No.1170401728), admeasuring 149 square yards with a built-up area of 803.60 square feet of RCC Roof in Survey Nos.754l3 and 75512, situated at Mirjalguda under GHMC limits, I Malkajgiri Circle and Mandal, Medchal - Malkajgiri District, on the strength of a registered sale deed bearing document No.823 of 2019, dated02.02.2019. He is in possession of the subject property. He has been paying property tax to the respondent Corporation. The said house was constructed after obtaining building permit order from the GHMC. In proof of the same, he has filed copies of sale deed, link document, building permit order etc. Even then, the Deputy City I / 2 KL.J W.P No.2925 of2025 s Planner of respondent No.2 has issued a notice dated 02.01.2025 to the petitioner with a request to submit the copies of following documents: i) iD iii) i,r) v) vi) vii) viii) Copy ofsanctioned plan & its proceedirrgs; Copy of Registered Documents of p.opt.iy; Copy of Link Documents olpropertyl' Copy ol Layout plan: Deta ijs olCourt cases (il2ny]; Development Agreement: Society Resolution; Other documents related.

3. Three (03) days time was granted to the petitioner to submit explanation. He has submitted copies of the said documents and also explanation. However, the petitioner has submitted explanation dated 04.01.2025. Without considering the same, respondent No.2 is trying to dispossess the petitioner from the subject propeny and is also trying to demolish the same. Challenging the said action of respondent No.2. the petitioner filed the present writ petition.

4. \\4rereas, Mr. Katika Ravinder Reddy. leamed Standing Counsel for FIyDRAA, on instructions would submit that lWs. Mirjalguda Welfare Association with registration No. I620 of 2014 has filed a public Interests Litigation (pIL) vide \4/p (pIL) No.60 of 2021 seeking a direction to respondent Nos.3 to 5 herein and others to remove the encroachments in the said area and also protect the public \ \ \ i i I n 3 KL,J W P No 2925 of2025 roads. A Division Bench of this Court directed respondent Nos.3 to 5 to protect the roads and remove all the encroachments. Therefore, respondent No.2 is measuring the encroachments made on the public roads etc., in compiiance with the said order. Thereafter, respondent No.2 will take action, if any, against the petitioner strictly in accordance with the procedure laid dou.n under law.

5. In the light of the aforesaid submissions, this writ petition is disposed of directing the Deputy City planner of respondent No.2 to consider the aforesaid documents submitted by the petitioner along with reply dated 04.01.2025 as requested by him vile notice dated

02.01 .2025, and take action, if any, against the petitioner in accordance with the procedure laid down under law by putting the petitioner and the aforesaid Association on notice and affording them an oppoftunity of hearing. Till then, respondent No.2 is directed not to dispossess the petitioner from the subject propefty. ln the circumstances of the case, there sha!l be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this w(itBqit_iau shall stard_c-losed.,,= .. //TRUE COPY// SD/. L. LAKSHMI BABU ASSI ANT REGISTRAR ECTION OFFICER To, '1 . The Principal Secretary, Municipal Administration and Urban Development Department, State of Telangana, Secretariat Buildings, Hyderabad. 2. The Commissioner, Hyderabad Disaster Response and Asset Protection Agency, Office at Zin Ftoor, Bhudha Bhavan iRanijung side of Tank bund. I

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3. The Commissioner, Greater Hyderabad [t/unicipal Corporation, Lower Tank Bund Hyderabad.

4. The Deputy Commissioner, Greater Hyderabad [Municipal Corporation, Circle -XXVI ll lr4alkajgiri Circle, Hyderabad.

5. The Deputy City Planner Town Planning Section, Grealer Hyderabad Municipal Corporation, Circle 28, lr/lalkajgiri Circle, Hyderabad.

6. One CC to SRI AIUBEDKAR DUNNA, Advocate. IOPUCI 7. Two CCs to GP FOR MCPL ADTMN URBAN DEV, High Court for the State of Telangana. [OUT] B. One CC to SRI G.IVADHUSUDHAN REDDY, SC FOR GHIVC/HYDRAA. loPUCl

9. One CC to SRI V NARSITMHA GOUD, SC FOR GHMC. [OPUC] '10. Two CD Copres. I I I BSK +e I l I I I I I i t : . f ( HIGH COURT DATED:31 1A112025 I I ! ORDER WP.No.292li of 2025 '( 14SeH I 6 ( J (.) \ U t)F .s Tc DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ I I I I