High Court · 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 3rd Respondent not to demolish the construction of the petitioners in respect of the premisr-'s bearing no's. s-2-412, 4zB and 42gl1 situated at Risala Abdullah. Jambagh, Flyderabad, Telangana State in pursuant of the speaking order dated 27-O1-2025, pending disposal of the writ petition Gounsel for the Petitioner: SRl. R. A. CHARY counsel for the Respondent No.1: Gp FoR MUNlclpAL ADM|NrsrRATloN AND URBAN DEVELOPMENT Counsel for the Respondent Nos. 2&3: SRI ARUN KUMAR, SC FOR GHMC The Court made the following: ORDER e&*:---- o THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.3876 of 2025 - ORDER: Heard leamed counsel for petitioners and Sri Midde Arun Kumar, learned Standing Counsel for Greater Hyderabad Municipal Corporation (GHMC) appearing for respondent Nos.2 and 3. 2 Petitioners are claiming that 2"d petitioner is the absolute owner and possessor of property bearing municipal Nos.5-2-412, 4l3ll, 5-2-428 and 42811, admeasuring 380 Sq.yards, situated at Risala Abdutlah, Jambagh, Hyderabad, on the strength of registered sale deed bearing document No- 148 of 2024 dated 19.01 .2024. Thereafter, he has executed two registered gift deeds bearing document No.856 and 993 of 2024 dated 30.03.2024 and 16.04.2024 respectively, in favour of I't petitioner. They have obtained building permit orders dated 02.05.2024 and 01 .06.2024 for construction of Stilt for parking + 2 Upper Floors. They have completed the construction strictly in accordance with the permissions. Even l 2 KL. J l{'.P io 3876 ol2025 then on the complaints lodged by Sri G. Srinivas, Sri M. Purushotam, Sri M. Anand Goud, Sri P. Shanker and Sri Rakesh .laiswal, 3'd respondent - Deputy Commissioner, Circle No.l4, Gosha Mahal, KBZ, GHMC, Hyderabad, has passed a speaking order dated 27 .01.2025 directing pctitioners to remove the slabs laid down by them for Cellar and Ground Floor unauthorizedly in the subject property. Fifteen (15) days' time uras granted to petltioners to remove the sarne. Challenging the said speaking order, petitioners have filed the present Wlit I'}etition.

3. Perusal ofthe aforesaid speaking order would reveal that 3'd responclent has passed the said order on issuance of show cause notice dated 17 .01.2025 and on consideration of explanation dated 20.01.2025 subrnitted by petitioners.

4. The rmpugned speaking order is an appealable tirder in terms of Se;tion 655 of Greater Hyderabad Municipal Corporation Act, 1955 (fbr short'the Act'). Therefore, petitioners have to prefer an appeat challenging the impugned ,l 1 t' 3 KL, J w P No 3476 of 2025 speaking order. [t is not the case of petitioners that the impugned speaking order is passed in violation of the principles of natural justice and the procedure laid down under the Act to maintain the present Writ Petition despite availability of alternative remedy of appeal.

5. Leamed counsel fbr petitioners, on instructions, would submit that petitioners have already closed the cellar on 01 .02.2025 and in proof of the same, he has filed photographs. However, petitioners have to plead all the said grounds befbre I , the appellate Court.

6. As discussed above, though the impugned speaking order is passed on the complaints lodged by the aforesaid persons,, petitioners have not made them as parties to the present Writ Petition. However, petitioners have to prefer an appeal challenging the said speaking order against respondent Nos.2 and 3 and the aforesaid complainants.

7. In the light of aforesaid discussion, this Writ Petition is disposed of granting liberty to petitioners to prefer an appeal 4 KL, J il.l'.o 3876 oI2025 challenging the speaking order dated 27.01.2025, within ten (10) days from today, failing which, liberty is granted to 3'd respondent to take action agair.rst petitioners. Till then, the impugned speaking order dated 27.01.2025 shall not be given cffect to. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. To, //TRUE COPY// SD/. L. LAKSHMI BABU REGISTRAR ASSI ON OFF]CER Telangana State. neot Secietariat, Hyderabad, Telangana State. 1 The Principal Secretary, Municipal Administration and Urban Development z. ih5 'Commissioner, Greater Hyderabad Municipal corporation, Hyderabad, e. ihe D"eputv Commissioner, Circle No. 14 Gosha Mahal' KBZ, GHMC' +. Oire CC to SRl. R. A. CHARY, Advocate [OPUC] S. iwo CCs to GF'}FOR MUNICIPAL ADMINISTRATION AND URBAN - 6. One CC to SRl. ARUN KUMAR' SC FOR GHMC [OPUC] 7. Two CD CoPies o'EVEt-OpvENT ,High Court for the State of Telangana, at Hyderabad [OUT] Hvderabad, Telangana State. BM W :, rl. t.. &. #"i','r , f(l :l!t, &&L&, & p a, CC TODAY .d,r r r^ l.{.- ,.L o_.: 1] tii ?'J?5 II I ,'..-\ .! *- ',..-r:.:.. \.-.- -:--- ' ,}9 v / L-, HIGH COURT DATED:1 110212025 ORDER WP.No.3876 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \e cop@J W '6YA21