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 grant an order, direction or writ, more so in the nature of WRIT OF MANDAMUS declaring the action of the Respondent Nos.2 and 3 in interfering in the peaceful possession and enjoyment of the Petitioner over the Plot No.31'1 , Huda Enclave, Road No.71, Prashasan Nagar, Jubilee Hills, Hyderabad and threatening to demolish the watchman room constructed in the stilt (for parking) as illegal, arbitrary and highhanded and against the provisions of the Telangana Building Rules, 2012 (G.O.Ms.No.168 dated 0710412012, MAUD Department) apart from being violative of Articles 14 and 21 of the Constitution of lndia with a consequential prayer to direct the Respondent No.2 and 3 not to interfere with the peaceful possession and ownership of the big room in Stilt (for parking) at I premises bearing Plot No.31 , HUDA Enclave, Road No.71 Prashasan Nagar, Jubilee Hills, Hyderabad. lA NO: 1 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 set aside the speaking orders dated 2810112025 vide No.297ITPS/DClClSlKZljHMC|2O2S issued by the Respondent No.3. Counsel for the Petitioner: SRI S.NAGESH REDDY Counsel for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel forthe Respondent No.2 & 3: SRI MIDDE ARUN KUMAR, SC FOR GHMC The Court made the following: ORDER II THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.3893 OF 2025 ORDER: Heard Sri S.Nagesh Reddy, learned counsel lor the petitioner and Sri Midde Arun Kumar, learned Standing Counsel appearing for respondent Nos.2 and 3.

2. Petitioner herein is claiming that he is the absolute owner and possessor of part of Plot No.31 (Nor(hern Part) admeasuring 427.5 square meters or 511.29 squa-re yards in HUDA Enclave, T.S.No.2 (P), Block-D, Ward No.9 and T.S.No.1 (P), Block No.F, Ward No.9, situated at Shaikpet Village, Golconda Mandal, Hyderabad, on the strength of a registered Partnership Deed bearing Document No.1359 of 2024 dated 2a.O3.2O14. Thereafter, he has obtained building permit order dated 1O.O5.2O22 from the Greater Hyderabad Municipal Corporation for construction of one Stilt + 4 upper floors. According to him, he has made the construction strictly in accordance with the said building permit order' While the matter stood thus, 3'd respondent has issued show cause notice dated 06.01.2025 to the petitioner herein alleging that he has received a complaint from Smt. Naseem Sultana dated 02.12.2024 alleging that petitioner has constructed a big room in Stilt for parking illegally. On receipt of the said complaint, staff of the 3.a respondent has inspected the site and noticed that petitioner has obtained permission for construction of Stilt for parking + 4 upper floors and constructed a big room in Stilt for parking, which is in deviation to the sanctioned plan. Therefore, the same is unauthorized construction. Seven days time was granted. to the petitioner to submit explanation. Petitioner has submitted explanation on 10.01.2025. On cohsideration of the same, 3.d respondent has passed a speaking order dated

24.O1.2025 directing the petitioner to remove the said unauthorized construction within 15 days. ChaJlenging the said speaking order, petitioner Iiled the present writ petition.

3. Learned counsel for the petitioner would submit that petitioner has constructed a small room and wash room for the purpose of watchman. It is not unauthorized construction. However, he is intending to submit an application seeking regularization of the said unauthorized construction in terms of Sections 4S5-A and 455_AA of the ,a 3 Greater Hyderabad Municipal Corporation Act, 1955 (for short, 'GHMC Act').

4. The impugned speaking order dated 28.01.2025 of 3'd respondent is an appealable order in terms of Section 655 of the GHMC Act. It is not the case of the petitioner herein that the impugned speaking order is in violation of principles of natural justice and the procedure laid down under the GHMC Act. In fact, according to the petitioner, it is not aJ1 unauthorized construction and according to 3ra respondent, it is unauthorized construction. Therefore, the said aspects are factual aspects. Petitioner has to prefer an appeal in terms of Sections 455-A and 455-AA of the GHMC Act. It is for the appellate Court to consider the same. Petitioner has to implead the said Smt. Naseem Sultana-complainant as party to the said appeal.

5. In the light of the said submissions, this Writ Petition is disposed of granting liberty to the petitioner to submit an application in terms of Sections 455-A and 455-AA of the GHMC Act to 2"d respondent with a request to regalarize the said unauthorized construction. It is for the 2"d I I 4 I respondent to consider the same. Liberty is also granted to petitioner to prefer an appeal challenging the speaking order dated 28.01.2025 in terms of Section 655 of the CHMC Act before the learned Chief Judge, City Smail Causes Court, Citlr Civil Court, Hyderabad within 10 days from today, failing which liberty is granted to 3.d respondent to take action against the petitioner pursuant to speaking order dated

28.01 .2026. Till then, 3.d respondent is directed not to give effect of the speaking order dated 28 .O | .2025. Miscellaneous petitions pending, if any, shall starrd closed. There shall be no order as to costs. //TRUE COPYII SD/.P.GOWRI SHANKAR ASSISTA REGISTRAR /l ' t To, 5,E om"e ii rr,r u n, i;;ii # l,?31:'r*[1",jfjfti # : ilif"% f;".'r". t io n, Ha vin s its 1.l3,"3?fl ,yjl.F;r ru:ib:iff ., no,,;:l.l"Hd e ra bad Mu n ici pa I co rporation, ION OFFICER ' I}3":i[:J:3,ffTiry,i,yiig:ipa, Administrarion and urban Deveropment, 2. The Commissioner. Gr , 4. One CC to SRt S.NAGESH REDDY, Ad 5. One CC to SRt MTDDE ARUN KUMAR, SC FOR GHMC TOPUCJ 6. Two CCs to Gp FOR MCPL AD I erangana at Hyderabad [OUT]- MN URBAN DEV, High Court for the State of vocate [OpUC] "

7. Two CD Copies BSR/BSK e HIGH COURT DATED: 11102.12025 ORDER WP.No.3893 of 2025 1Hr. ( 1 4 tic| 20.15 \ rr4, CHEO a o a o ",* DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ,{ 0 w