Shailesh Soni v. lPi_l:l:^:f I"l9ryql"

Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or direction more particurarry one in the nature of writ of Mandamus declaring the action of the 3rd Respondent in issuing the impugned speaking order vide Lr.No. 1llt4trps ,W11I}12/KZGHMC 12024-25 dated 08.01.2025 straight away directing to demorish the same, without considering the reply notices dated 17.01 .2o2s, 24.01 .2024, os.02.2o24 tor lhe impugned notice sent by the 3rd respondent vide Lr.No. l tsl4rf ps 1w11lc1zlKZGHMC 12024-25 dated ol.o1 .2o2s as arbitrary, iilegar, and in violation of Article 14, 21, 3oo A of the constitution of rndia,1950, and in vioration of Principles of naturar justice and consequenfly set aside the impugned speaking order bearing Lr.No. 1/5/4/Tps Mlllcl2tKztcF,Mc t2o24-2s dated 08.01.2025. l I lA NO: 'f OF 2025 Petition under Section 151 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 respondents not to interfere / demolish with the peaceful possession of the petitioner property by suspend the operation of the impugned speaking order vide Lr.No. llst4lTPSM11IC121KZGHMC 12024-25 dated 08.0'1 .2025 of the 3rd Respondent pending disposal of the instant Writ Petition. Counsel for the Petitioner : SRI AMBEDKAR DUNNA Counsel for the Respondent No.1 : GP FOR MCPL ADMN URBAN DEV Counsel for Respondents No.2&3 : SRI MIDDE ARUN KUMAR' SC FOR GHMC The Court made the following: ORDER 1 '--7 THE HON'BLE SRI JUSI'ICE K. LAI(SI{MAN WRIT PETITION No.2999 of 2025 ORDER: Heard learned counsel lor petitioner and Sri Midde Arun Kumar, leamed Standing Counsel appearing for respondent I Nos.2 and 3.

2. Petitioner has purchased house bearing No.l l-1-939/5lAl4, on plot No.6, admeasuring 433 Sq.yards, in Survey No.16712, situated at Old Matlepally, Hyderabad, under a registered sale deed dated 26.07. 1997. As there is unauthorized construction, he has submitted application to the respondent Corporation lbr regularization of such unauthorized construction and obtained Penalization Orders vide proceedings dated 23.02.2010 in respect of regularization of the same. He is in possession olthe subject property. He has been paying property tax to tl.re respondent Corporation.

3. While the matter stood thus, on the objection petition dated 27.10.2022 received liorn Professor Kottapalli Jayashanker Welfare Association, 3'd respondent has issued a 2 KL, J w P No.2999 of2025 show cause notice dated 10.03.2023 to petitioner alleging that he has laid shed for the purpose of godown unauthorizedly. Fificcn (15) days time was granted to petitioner to submit explanation. He has submitted explanation in response to the said show cause notice. On consideration of the same, 3'd respondent has passed a speaking order dated 08.01.2025 directing petitioner to remove the unauthorized construction. Challenging the said speaking order, petitioner has flled the present Writ Petition

4. It is the specific contention of petitioner that he has not laid any shed for the purpose of godown, as alleged by 3'd respondent in show cause notice dated 10.03.2023 and speaking order dated 08.01.2025. Therefore. this Court directed learned Standing Counsel appearing lor the respondent Corporation to get instructions and file photographs. He has filed photographs.

5. Perusal of photographs filed by learned Standing Counsel appearing tbr respondent Nos.2 and 3 would reveal I {..' ;l 4cr-;f ?/ 3 KI,, J W P No 2999 ol 2025 that petitioner has constructed shed. According to petitioner, he has let it out to M/s. Swastik Enterprises by way of executing a Rental Deed dated 20.08.2024 and the tenant is using it for stock point. He has also placed reliance on the proceedings dated 23.02.2010 issued by respondent Corporation to petitioner in respect of regularization and penalization of unauthorized construction. Thus, there are several factual aspects which this Courl cannot go into the same in a Writ Petition filed under Article 226 of the Constitution of India. Speaking order dated 08.01.2025 passed by 3'd respondent is an appealable order in terms of Section 655 of Greater Hyderabad Municipal Corporation Act,, 1955 l I 1 (for short 'the Act'). It is not the case of petitioner that the impugned speaking order dated 08.01.2025 passed by 3'd I respondent is in violation of principles of natural justice and procedure laid down under the Act to rnaintain the present Writ Petition despite availability of alternative rernedy of appeal. 4 KL..I {' l, No.29i)9 of2O25 r a

6. In the light of the above, this Writ petition is disposed of granting liberly to petitioner to prefer an appeal in terms of Section 6-55 of the Act challenging the speaking order date,l

08.0 1.202.5 passed by 3'd respondent, within two (2) weeks fiorn the date of receipt of a copy of this order. Till then, the impugned speaking order dared 0g.01.2025 passed by 3'd respondent shall not be given effect to. Ifpetitioner fails to prefer an appeal within such time, liberty is granted to 3'd respondent to take action against petitioner in accordance with law. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand c losed SD/.P. PADMANABHA RE DY R ASSISTANT REGIS //TRUE COPY// SECTION OFFICER o', . ,n" Principal Secretary, Municipal Administration and Urbp n Development il;;,1;;;'i stJG tii"ri.l"i5ls"","iJ|.iut Building, Hyderabad, relangana - 500022.

2. The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund 3. The Deputy Commissioner, Greater Hyderabad. Municipal Corporation' " vi;hidiJrl";m Circle-t2, K Z GHMC-Hvderabad' . t i*H 3[ltJd5'H*1ffserg'^lstsxR"3'3r1"'I"^%ourt ror the state or Road, HYderabad . t) 7 Telanqana. IOUT] oH'ic'6 dRirra'.anuu KUMAR, sc FoR GHMc' [oPUc] Two CD CoPies. BSK BS o- ---l I I i I t CC TODAY 1 6f, 9TA Ie oA '($'( 11 Ft$ [6 z \ .L .+, .: * HIGH COURT DATED:0710212025 //"1,l a< IrJ I ORDER WP.No.2999 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \D a \y>