High Court · 2025

Petition under Article 226 ol 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 especially one in the Nalure of Writ of lvlandamus declaring the action of the official respondents more particularly the official respondents 3 and 4 herein in threatening to demolish the room and boundary wall admeasuring about 55 square yards in bearing Municipal No.18-13- 7l76tBt1 situated at lndira Nagar, Chandrayangutta, Hyderabad is as illegal, arbitrary, against the principles of natural justice, violative of provislbns of GHMC Act, violation of Articles 14, 15, 16 and 21 of Constitution of lndia and consequently direct the official respondents herein more particularly the respondents 3 and 4 herein not to demolish the room and boundary wall admeasuring about 55 square yards in bearing Municipal No-18-13-71761811 situated at lndira Nagar, Chandrayangutta, Hyderabad lA NO: 1 oF 20:15 Petitirr u.der Section 15t cpc praying that in t1e oircurstances stated in the affidavit fired r support of the petition, the High Court nray t,e pleased to direct the officiar re';porr Jents herein more particurarry the responde,rts 3 and 4 herein not to demc,lit;h the the room and boundary wall adm:asurin( about 55 square yards in lrearirc r\'4unicipar No.1g-13-7 t76rBr1 sit]atod lt rndira Nagar, Chandrayan lr tt. Hyderabad, pending disposal of the main V /rit petition in the interest of ju,;trce. Counset for the t)etitioner: SRI M.A.MUJEEB Counsel for the llesoondent No.1: ep fOR frlpCf_ ADMN & UR|3AN DEV Counset for the *espondent Nos.2 rO +. SCi'nVt^tKATESH, {:ic FOR GHMC The Court m;ade re following: ORDER THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.3017 of 2025 ORDER: Heard Sri M.A. Mujeeb, learned counsel for the petitioner and Sri R. Venkatesh, learned Standing Counsel appearing for respondent Nos.2 to 4.

2. Petitioner herein is claiming that he is the absolute owner and possessor of house bearing No.18- l3-717618/1, admeasuring 5,5 sq. yards, situated at Chandrayangutta, Hyderabad, on the strength of a notarised agreement of sale dated 02.05.1994. He has been paying property tax to respondent-corporation and he is in possession of the subject property. In proof of the same, he has filed copies of the agreement of sale, property tax receipt, passbook, etc. Even then, respondent Nos.3 and 4 are threatening to demolish the room and boundary wall of the subject property without following the due procedure laid down under the Greater Hyderabad Municipal Corporation Act, 1955 (for short, 'the Act, 1955'). Challenging the said action of respondent Nos.3 and 4, the petitioner has filed the present writ petitron. 1 2

3. Wler':a;. Sri R. Venkatesh, leamed Standing iloLrnsel appearing for resport' er t Nos 2 to 4, has produced written instr tctions of respondenr',lo..l rvherein, it is stated that respondent. No 4 hi s received a complaint dat,:rl 30.01.2025 frorn S. Krishna Nayak, Mcrnbt r of Disha Comrnittet:. I)i:itrict Development Coordination an'l I'{onitoring Comrnittet:. \4 t,istry of Rural Development, Govemmr:nt ,lf [r dia stating the petitionc:r i:; making illegal constructions in thr: suir-iecr property. Therefore, rt's1-'c,rLdent No.4 has inspected the site and obse'rveti that there is ongoing r lle g a I construction over the subject propert) at .he .Hindu Smashana \ atil i (Hindu Graveyard), in Sy.No 29511,. l'he sr id land is meant frtr.e igioi,rs and burial putpose and the petitioner t'ncrr,aclied the sub.ject prcp,:rty. He has also observed that there is ongo.ng c xcavation #'ih" "oop,,rnl r'all founclation work and the same ha. hce rr stopped .i1 immediatelv I l e directed the petitioner to submi'. all tht relevant ii-t i; documents fi ,r 1l' o purpose of verification 4, It is frrrr t3r stated that respondent No.4 has addressed r letter to Tahsildar. B:rnrl i:guda, with a request to verify and givr: the details in respect of th l ;,r r.iect property including the Hindu limashar a Vatika. Responden - lJo.t has not demolished the room and bolLndary v,all of the petitioner prcl)ert\/ as alleged in the ri,rit affidavit. It is lurther r.tated that 3 on receipt of information from the Tahsildar, he will take action against the petitioner herein in accordance with the procedure laid down under the Act, 1955. The said instructions and the complaint dated 30'01'2025 are placed on record.

5. On instructions, leamed Standing counsel would further submit that the Tahsilclar, Bandlaguda has already demolished the compound tn the light of the aforesaid submissions' this Writ Petition ts

6. disposed of directing respondent No'4 to consider the complaint.dated 30.01.2025 and report from the Tahsildar' Bandlaguda and take action against the petitioner herein strictiy in accofdance with the procedure laid down under the Act, 1955. He shall complete the said exercise within a period of four (04) weeks from the date of receipt of a copy of this order. There shall be no order as to costs' As a sequel thereto, pending miscellaneous applications' if any' shall stand closed. //TRUE COPY// SD/. T. JAYAS SISTANT REGIST REE RAR SECTION OFFICER To partment' Secretariat,

1. The PrinciPal Secretary Municipal Administration Hvd erabad ,State of Telang ana 2. fhe Com missioner' Greater Hvderabad MuniciPa I CorPoration (GHMC)' 3. DeP uty Commissioner' Greater HYderabad MuniciPal Corpo ration (GHMC)' Lower Ta nk Bund, H yd erabad. CircleN o. 8, ChandraY 4ng utta Circle, Charminar Zone, Hvd erabad Hyderabad MuniciPal Corpo ratio n (GHM No. 8, ChandraYang

4. Asst. CitY Planner' 5. One C C to SRI M-A MUJEEB, Advocate oPUCI 6. One CC to SRt R-V ENKATES H, SC FOR GHMC TOPUCI Greater utta Circle, Charm inar Zone' Hydera bad. C), Circle ji&-,;..'.',., .l 7 Two CCs,; t r (l F FOR TVPCL ADTVN & URBAN OeV, F,igti Cou t for the State of Telangana, at Hyderabad. [OUT] Two CD C rp e.s w o PSK- GJP t ,,1 HIGH COURI' DATED:04102.12025 \ \ \ ORDER WP.No.3O17 of 2025 +re /.a ":. '-a - C' e -; il B rltr t' > ,c) ': DTSPOSING I]F THE WRIT PETITION WITHOUT COSTS t ( ( ( $."?q., X'r